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      Does the US Have Leverage to Advocate for Women’s Rights in Afghanistan? 

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      After the US withdrawal from Afghanistan, women’s rights in Afghanistan came under consistent attack by the Taliban, with many women activists captured, tortured, killed and reportedly raped. Unfortunately, the extent of these crimes is unknown due to a lack of comprehensive media coverage. However, the AFINT news channel reports that at least 200 people had been detained, tortured, raped and banned from traveling by the Taliban in the past six months. This number includes 102 women and 98 men, of whom 50 are journalists, 92 are civil activists, two are singers and 40 are prosecutors and judges in the previous government. 

      Over the past six months, Afghan women have continued to protest against the Taliban policies, provoking a brutal response. One of the detainees told AFINT: “Unfortunately, there is sexual harassment by the Taliban. The Taliban think that a woman who protests for her rights or has worked before they came to power is a prostitute. So, they consider these women as sex slaves.” While it may be impossible to change the Taliban’s mindset, international and regional pressure is key to helping Afghan women and holding the current regime accountable. 

      The Taliban Use Violence Against Women as a Bargaining Chip

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      To deal with the international pressures, the Taliban turned the women’s rights issues into a bargaining chip against the international community to gain recognition and force engagement. The US, in particular, consistently calls on the Taliban to respect women’s rights. But does the US have enough leverage over the Taliban to force them to revise their treatment of women?

      Power Is Everything 

      Since the overthrow of the Afghan government last August, the US remained engaged with the Taliban, although Washington does not recognize the regime as legitimate. Although the Taliban views the US as the loser in this conflict, many within the group’s leadership believe that they have to interact with Washington to gain recognition. 

      The Taliban’s Deputy Foreign Minister Sher Mohammad Abbas Stanikzai said in December: “If the US embassy reopens in Kabul, all European countries will be here in half an hour. We are working hard in this regard, and since I have been a member of the negotiating team with them (the Americans), I am sure from their morals and behavior that, God willing, they will be back soon.” 

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      From the Taliban’s perspective, power is everything. As far as they can control the country, the US has to respect them and will have to recognize them. This assumption leads the group to not compromise on women’s rights. Instead of revising their policies, they detained women activists and then released some of them following pressure to do so during the Oslo talks in January.

      The US has profound concerns about the Taliban’s relations with other terrorist groups such as al-Qaeda and the Islamic State branch in Afghanistan, but human rights, women’s rights and an inclusive government are all part of the US agenda in its interaction with the country’s new leadership. In his talk at the United States Institute of Peace, Thomas West, the US special representative for Afghanistan, emphasized these values as crucial for the US-Taliban relationship. 

      However, it is imperative to keep in mind that any compromise from the international community on women’s rights that suggests to the Taliban that their harsh policies may be accommodated will only exacerbate the situation for women in Afghanistan. 

      International Commitment

      For more than 20 years, the US and international community repeated their strong commitment to supporting women in Afghanistan, creating the expectation that it should continue doing so after the Taliban takeover. However, many Afghan women saw the US agreement with the Taliban as a betrayal.

      International pressure is the critical factor for holding the Taliban accountable. When the women activists disappeared without explanation, the Taliban denied its involvement for months. The United Nations and US diplomats repeatedly called on the Taliban to find the missing women.

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      In the end, the Taliban released several well-known women activists despite denying involvement in detaining them. The group also published videos of forced confessions by the activists. Totalitarian regimes use this tactic against human rights activities for propaganda and to mislead the public; exposing the Taliban’s double game will not be easy and will require international commitment and cooperation. 

      There are several measures that can be helpful in holding the Taliban accountable, and the US can play a central role. First, the diplomatic contacts with the Taliban should not be interpreted as hope for recognition; rather, diplomacy should be used only for contact and assessing responsibilities.

      Second, international consensus on women’s rights and supporting the idea of an inclusive and legitimate government in Afghanistan is key. This is significant for women’s rights and negotiation for building a broad-based government to reflect Afghan society, which is instrumental for avoiding another round of conflict. 

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      Third, increasing the activities of international organizations in Afghanistan to support women and monitor their situation under the Taliban is necessary. Currently, there is no access to different corners of the country where crimes against women may be committed. Fourth, financial support to organizations championing women’s education and activities will be vital for women’s voices and Afghan social society to resist the Taliban’s fascist approach.

      The US can exert pressure on behalf of Afghan women to demand that their rights to work and education are honored. Any degree of leniency toward the Taliban will make the situation worse for women. If the US shows a faltering resolve or sends a misleading message, the international consensus on human rights will disappear.  

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      The Taliban Uses Violence Against Women as a Bargaining Chip

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      After the collapse of the Afghan government last August, the only significant challenge to the Taliban’s primitive totalitarianism was mounted by women in big cities — the capital Kabul, Mazar-e Sharif in the north, and Herat in the west, among others. The Taliban’s approach to women’s rights brought fears of violence that engulfed the country in the 1990s when the Talibs first won power. But Afghan society has undergone considerable changes since then, and many Afghan women refuse to accept the militants’ restricted approach to their right to work and education.

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      In response, the Taliban have deployed various oppressive measures. In September, they replaced the Women’s Affairs Ministry with morality police, which enforces the armed group’s strict religious doctrine on the country. At the same time, while trying to confine women to their homes by forbidding them to work or study, the Taliban are using the threat of violence against women as a bargaining chip against the Western powers.

      Violent Tactics

      In September last year, the Taliban attacked the media to prevent them from covering the women’s protests in Kabul. Two Etilaatroz journalists were tortured. Etilaatroz is one of the leading Afghan newspapers and a critical voice mainly focused on investigative journalism. An attack on the newspaper was a clear signal for everyone covering the protests against the Taliban.

      Since the armed group took control of the country, at least 318 media outlets closed in 33 of 34 provinces and, according to the International Federation of Journalists, 72% of those who lost their jobs are women.

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      But the Taliban quickly changed their tactics to tackle women’s protests through more intimidating methods, including nighttime house searches to locate those who dared raise their voice. Tamana Zaryabi Paryani, a member of the movement demanding rights to work and education, is just one of the women taken from their homes in Kabul in the middle of the night; her whereabouts remain unknown. Some families report being contacted by detainees from Taliban prisons in undisclosed locations.

      The Taliban deny capturing, detaining or killing women and other opponents. This tactic aims to mislead public opinion, the media and policymakers in Western countries. The situation may be even more critical in the provinces, beyond the eyes of the media. In September last year, the Taliban killed a former police officer with the ousted Afghan government in front of her family in Gor province; she was pregnant at the time of her murder.

      There is no way to assess the true number of disappeared women across the country. Some of them are known by the media, such Mursal Ayar, Parwana Ibrahimkhel, Tamana Paryani, Zahra Mohammadi and Alia Azizi. Most of them belong to the protest movement against the Taliban’s policies. Azizi worked as a senior female prison official in Herat and went missing when the Taliban took control of the city. Amnesty International urged the Taliban to investigate the case and release her “immediately and unconditionally” if she is in their custody.

      Last week, the UN repeated its call and asked the Taliban to release the disappeared women activists and their relatives. The German Embassy, currently operating from Qatar, has called for an investigation into the missing women. It is entirely possible that the Taliban will eventually release some of the captives, claiming that they were rescued from the clutches of the kidnappers, in order to portray themselves as a responsible government.

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      Gang rape is another tactic that the Taliban deploy against women in detention. The Independent reports that last September, bodies of eight detainees arrested during a protest in Mazar-e Sharif were discovered. According to reports, the girls were repeatedly gang-raped and tortured by the Taliban. Sexual assault is a many-sided weapon against women in a society based on strict honor codes. Some of those who survived the rapes were killed by their families.

      In January, The Times reported that the staff in the government-run Mazar-e Sharif Regional Hospital claim that they receive around 15 bodies from Taliban fighters each month — mostly women with gunshot wounds to the head or chest.

      Bargaining Chip

      Violence has been the Taliban’s primary tool both in war and during negotiations with Western powers. Over the course of two decades of conflict, the Taliban used violence as a means to win recognition as a political force. During their talks with the US and the Afghan government, the Taliban escalated violence to enhance their position at the negotiating table. Now, they are pursuing the same strategy by trading repression for recognition.

      Since the Taliban took control of the country, women’s rights are a constant subject of ongoing diplomatic discussions that have so far brought no result. The international community has failed to press the Taliban to form an inclusive government and respect women’s rights.

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      But the armed group wants the international community to recognize their government. In January, a Taliban delegation was invited to Oslo to talk with Western powers and representatives of Afghan women for the first time. At the meeting, Hoda Khamosh, a civil society activist, asked the Taliban delegation: “why are the Taliban imprisoning us in Kabul and now sitting here at the negotiating table with us in Oslo? What is the international community doing in the face of all this torture and repression?”

      Since then, nothing has changed. The reality is that the Taliban used the talks in Oslo as an opportunity to make an international appearance to advertise their government. They are deploying precepts like women’s rights to force more international engagement. While Norway was criticized for inviting the Taliban and offering them exposure, Switzerland’s Ministry of Foreign Affairs confirmed that it invited the Taliban to talk about “the protection of humanitarian actors and respect for human rights.”

      The Taliban is an ideological, zealot religious movement, and years of experience suggest that they are unlikely to revise their position on women’s rights and other fundamental issues, including human rights and political pluralism. Talking about women’s rights in Western capitals is just an opportunity for them to normalize their regime and travel abroad. Human rights violations, particularly violence against women, not only serve the Taliban’s ideological purposes but have turned into a convenient bargaining chip against the international community.

      It is critical that Western powers support fundamental human rights in the country without providing the Taliban with opportunities for blackmail, implementig realistic measures to press the group to release activists and to respect women’s rights. First, it is important to maintain or escalate the current sanctions regime against the Taliban leadership. Second, making sure that there is no rush to recognize the Taliban regime mong foreign governments is another key leverage point.

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      Third, there is a need to appoint a special rapporteur to monitor the human rights situation and document violations to hold the Taliban accountable. Fourth, it is important to extend and support the mandate of the United Nations Assistance Mission in Afghanistan to help monitor the human rights situation in the country.

      Finally, the international community can continue its humanitarian support through UN agencies and other organizations without recognizing the Taliban. Recognition of the group will not only increase human rights abuses but will send the wrong signal to other extremists in the region. All these measures will reduce the Taliban’s ability to use violence as a bargaining chip against the international community.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      African migrants deported in Trump era suffered abuse on return, report finds

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      African migrants deported in Trump era suffered abuse on return, report findsA Human Rights Watch report found Cameroonian asylum-seekers forcibly flown back home suffered imprisonment, torture and rape Cameroonian asylum-seekers deported by the Trump administration suffered imprisonment, torture and rape on their return, and many were forced in to hiding or fleeing the country once more, according to a new report.In the last months of the Trump administration, the Immigration and Customs Enforcement (Ice) agency stepped up its deportations of African migrants, especially Cameroonians. Over 80 of them were flown to Cameroon in October and November 2020 alone, amid allegations of abuse, in which Ice detainees said they had been forced to sign or fingerprint documents believed to be waivers agreeing to their deportation.US Ice officers ‘used torture to make Africans sign own deportation orders’Read moreThe deportations took place despite warnings from lawyers and human rights groups that those being sent back would be in danger. A Human Rights Watch (HRW) report published on Thursday found that almost all of those deported in 2019 and 2020 faced reprisals of some sort on their return to Cameroon, from rape and beatings to detention and extortion or simply having their identity cards confiscated.West Cameroon is still in the grip of a conflict between the government and armed anglophone separatists, with frequent reports of arbitrary killings and military patrols in the streets. Anyone without an identity card faces the risk of detention.The 149-page HRW report, “‘How Can You Throw Us Back?’: Asylum Seekers Abused in the US and Deported to Harm in Cameroon,” says that between 2019 and 2021, Cameroonian security forces detained or imprisoned at least 39 people who had been sent back by the Trump administration. Many of those were held without due process and in inhumane conditions, some in solitary confinement.HRW found 14 cases of physical abuse, 13 by Cameroonian security forces and one by armed separatists. Three women were raped in custody by “state agents”, and other detainees were severely beaten during interrogation.The deportees had all fled Cameroon to escape the conflict, in particular the government’s brutal treatment of those suspected of involvement in the separatist movement. On being forcibly returned to Cameroon, they were additionally accused of having harmed the country’s reputation by seeking asylum.The HRW report found that Ice had failed “to protect confidential asylum documents during deportations, leading to document confiscation and apparent retribution by Cameroonian authorities”.One woman who was deported in October 2020 said she was tortured and raped by government soldiers over six weeks in detention in Bamenda, northwestern Cameroon.“Every two days … they were using ropes, [rubber] tubes, their boots, military belts … They hit me all over my body,” she told HRW. “They said that I’ve destroyed the image of Cameroon … so I had to pay for it.”After initially being allowed home, another returnee was summoned to a police station two weeks later, supposedly to pick up his documents, but he was detained instead.“They said ‘you are the guys who go out there spoiling the name of the country’. That is when my second nightmare began,” he told the Guardian. He was held for five months until his family paid a CFA franc 2m ($3500) fine for his release. He has since fled the country and is hiding elsewhere in West Africa.Many of the returnees went into hiding to avoid arrest. In the case of seven of them, according to the report, the police or army targeted family members to try to force them to reveal their whereabouts. One returnee’s sister is alleged to have been shot and killed, another’s mother was severely beaten, and the 11-year-old son of another returnee was abducted and questioned by security agents.One of the deportees, known by the pseudonym Cornelius in the report, said he and others were interrogated on arrival in 2020.“Army officers were asking us why we had sought asylum, what we had told American immigration,” Cornelius told the Guardian. Some of the returnees on the same plane were arrested and taken away and Cornelius did not see them again (HRW has not been able to trace some of the deported Cameroonians). Cornelius and others were held in a detention facility for a few days and then released, but without their personal papers.Reuse this content More

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      A Personal Boycott of the Beijing Olympic Games

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      The International Olympic Committee (IOC) and the world’s largest corporations are allowing the government of China to use the Winter Olympic Games to promote and advance its notion of the superiority of one-party, one-man authoritarian rule, much as was done at the 1936 Nazi-hosted Olympic Games in Berlin.

      I’m boycotting these games in Beijing. Doing so does not come easy for me. As a life-long sports enthusiast, I have always looked forward to the Olympics. Watching the world’s preeminent athletes compete on the world stage and rooting for my own national team and others who seem to defy the oddsmakers never failed to excite me. As a kid, I even once dreamed of becoming an Olympic competitor myself. (Alas, my 1.7-meter frame was simply not up to the task of throwing the shot put or discus on the world, or any other, stage!)

      Why Democratic Nations Must Boycott the Beijing Winter Olympics

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      Here in the United States, NBC television is broadcasting the Winter Olympics, devoting at least six hours per day of coverage. Traditionally, its broadcasts dominate the ratings as Americans gather in front of their TV sets and computer and phone screens to watch and cheer on US athletes. I will be cheering on our athletes, too. But I won’t be watching.

      The IOC’s Charter

      I will not watch these games because they betray the very values enshrined in the IOC’s charter and its definition of “Olympism.” That is, it “seeks to create a way of life based on the joy of effort, the educational value of good example, social responsibility and respect for universal fundamental ethical principles.” It further states its goal “to place sport at the service of the harmonious development of humankind, with a view to promoting a peaceful society concerned with the preservation of human dignity.”

      Based on its charter, the IOC should have flatly denied China’s petition to host the 2022 Winter Games. How could the IOC have been so blind to its values in awarding the games to Beijing? How was it possible to allow China to host the Olympic Games when the government of the People’s Republic of China has systematically persecuted, incarcerated, shackled and tortured up to 2 million Uyghurs, sterilized their women and sought to snuff out their Muslim faith? Uyghurs, a Muslim-majority, Turkic-speaking people, have inhabited China’s western Xinjiang province for at least 1,000 years.

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      But the suffering of the Uyghurs at the hands of an overbearing, intolerant Beijing isn’t a one-off. The Chinese have been doing largely the same thing for decades to the people of Tibet, effectively carrying out a campaign of cultural genocide.

      Several years ago, the world again witnessed China’s notion of “respect for universal fundamental ethical principles” and “promoting a peaceful society concerned with the preservation of human dignity.” Beijing-directed henchmen attacked the people and institutions of Hong Kong, decimating the last vestiges of democracy in the enclave. The government has been arresting and trying any and all opponents, dissidents, journalists and human rights advocates unwilling to buckle under Beijing’s iron-fisted, authoritarian order.

      More recently, the world has observed Beijing turn its aggression to the island of Taiwan, the lone democratic outpost today within China’s one-party, one-man “Asian Reich.” Taiwan presents an unquestionably complex and difficult issue. But the inhabitants of Taiwan have embraced democracy and the freedoms that come with it. Resolving Beijing’s differences with the island and its people with menacing and aggressive behavior — dozens of mass warplane incursions, repeated threats and belligerent bombast — cannot possibly lead to a solution. Rather, a threatened invasion of the island would not only likely crush its democracy, but also inject enormous instability in Asia and torpedo the global economy in a manner unseen since World War II.

      To the IOC, however, none of this mattered. Its president, Thomas Bach, and even UN Secretary-General Antonio Guterres traveled to Beijing for the opening ceremony of the games with nary a word about China’s abysmal human rights policies in Xinjiang, Hong Kong or Tibet. Instead, the IOC wants to see another “successful” games, which typically means an Olympics that makes money. Lots of it.

      The IOC, NBC and Sponsors

      Enter the American media giant, NBC. For exclusive broadcast rights to the Olympics through 2023, the network has paid the IOC $7.75 billion. That comes out to roughly $1.8 billion for the Beijing Games alone, or about 20% of the cost of the games. Tragically, revenues trump rights for China and for the IOC.

      One would think that with that kind of leverage, NBC and the IOC’s numerous sponsors and advertisers — globally recognized names like Allianz, Toyota, Bridgestone, Panasonic, Coca-Cola, Airbnb, Intel, Proctor & Gamble, Visa, Samsung and others — would have stood up to the IOC, explaining the harm to their brands of awarding the games to Beijing.

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      And what about NBC itself? The Chinese government has imposed restrictions on journalists covering the games. The sort of 360-type coverage that is traditionally featured in its coverage of the Olympics — not just the events themselves but also the athletes, their lives and backgrounds, the host country and its people — is being severely restricted. One Dutch journalist has already experienced China’s intolerance, having been dragged away while reporting live on camera.

      Are the dollar earnings so great that NBC will sacrifice its journalistic ethics and responsibilities, all while other members of the profession suffer under Beijing’s crackdown on truth and free journalism?

      China is not Nazi Germany. But Germany in 1936 was not yet the depraved hell of human suffering — the tens of millions of destroyed lives of Jews, Slavs, Roma and so many others — that it would become under Nazi rule. But we might have seen it, given the way the Nazis and Adolf Hitler engaged in over-the-top self-promotion and outward, sensational displays of Aryan superiority and Nazi rule.

      The IOC, NBC and their many sponsors and advertisers have given China center stage to arrogantly parade and shamelessly hawk its own brand of unyielding, intolerant authoritarian rule. In China, the power of the state, its ruling Communist Party and great leader, XI Jinping, vitiate Olympism’s concepts of “social responsibility and respect for universal fundamental ethical principles” and “basic human dignity.”

      If they won’t recognize this contemptible undertaking for what it is, I will. I will miss the world’s best athletes and the great ritual of the world coming together for 17 days to celebrate individual struggle and achievement. I won’t be watching these Winter Olympic Games.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      The Biden doctrine: Ukraine gaffe sums up mixed year of foreign policy

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      The Biden doctrine: Ukraine gaffe sums up mixed year of foreign policy On Russia and Putin, the president said the quiet part loud. Re-engagement has been welcomed but the exit from Afghanistan was a disaster. Analysts see much to do to rebuild US credibilityJoe Biden marked his first anniversary in office with a gaffe over Ukraine that undid weeks of disciplined messaging and diplomatic preparation.Russian ships, tanks and troops on the move to Ukraine as peace talks stallRead moreThe president’s suggestion that a “minor incursion” by Russia might split Nato over how to respond sent the White House into frantic damage limitation mode.Officials insisted Biden had been referring to cyber attacks and paramilitary activities and not Russian troops crossing the border. That failed to entirely calm nerves in Kyiv and other European capitals, especially as Biden also raised eyebrows by predicting that Vladimir Putin would “move in” to Ukraine because “he has to do something” and would probably prevail.The analysis of Nato’s weaknesses and Putin’s intentions was no doubt widely shared but Biden had said the quiet part loud, contradicting what his own officials had been saying. Jake Sullivan, the national security adviser, had just been telling Foreign Policy that one of the great successes of the Biden administration was that “the 30 allies of Nato [were] speaking with one voice in the Russia-Ukraine crisis”.Aides who have shadowed Biden through his long career as senator and vice-president are used to his prolix ways, his tendency to draw on his deep foreign policy expense to over-explain, but the stakes are immeasurably greater as a president, trying to stare down Putin as Europe stands on the threshold of war.The stumble distracted from some of the foreign policy achievements of Biden’s first year – the mending of transatlantic ties, the bolstering of US support for the embattled government in Kyiv and the development of a consistent policy towards Moscow – which combined a openness to talks with a readiness to inflict punitive measures and a refusal to be divided from Nato allies.None of those gains were a given in US foreign policy after four years of Donald Trump, a president who frequently put domestic political and business advantage ahead of strategic national interests, particularly when it came to Russia. Mending alliances, returning to multilateralism and restoring predictability to US policy after the volatile Trump era is widely regarded as Biden’s greatest success so far in foreign policy.His claim on taking office that “America is back” was backed up by a quick deal to extend the New Start treaty in Russia and thereby salvage the only major arms control agreement to survive Trump. The US rejoined the Paris climate accord and the United Nations Human Rights Council, re-engaged with major powers in nuclear talks with Iran, and convened a virtual Summit for Democracy in December.All those steps were in line with a broad strategy which Nathalie Tocci, director of the Rome-based Institute of International Affairs, describes as a Biden doctrine.“I think it’s a strategic reorientation towards competition/conflict with China and, the other side of that coin, strengthening relationships with partners in Europe and in Asia, both bilaterally and multilaterally,” Tocci said. “And relying less on the military instrument in order to pursue US foreign policy goals.”The Ukraine stumble was not the first time that strategy has been impaired by its execution. The withdrawal from Afghanistan was intended to be a decisive break with the past, extricating the US from its longest war so it could focus on its most important geopolitical challenge, the rapid rise of China.The departure turned to chaos when the Afghan army, which the US had spent $83m and 20 years trying to build, collapsed in a few days in the face of a Taliban offensive. The scenes of desperate Afghans trying to cling to departing US planes, some dying in the attempt, are an inescapable part of Biden’s legacy.Biden has argued he was boxed in by the Doha agreement the Trump administration signed with the Taliban in February 2020, under which the US was due to leave by May 2021. Biden was able to stretch that deadline by four months but maintained that staying any longer would have led to renewed attacks on US troops.Nathan Sales, an acting under secretary of state in the Trump administration, argued that the Doha deal was no longer binding on Biden, and he could have left a force to maintain US leverage.“When one side of an agreement breaches it serially and flagrantly like the Taliban did, I think the Biden administration would have been well within its rights to say: ‘We’re not bound by it either,’” said Sales, now a nonresident senior fellow at the Atlantic Council.Current US officials argue that whether the US declared the Taliban had been in violation or not, there would have been renewed attacks on US troops, forcing a decision to cut and run or send large-scale reinforcements. The status quo, they say, was not sustainable.Putin, a ‘rogue male’ on the rampage, threatens to start a war no one wants | Simon Tisdall Read moreEven considering the constraints imposed by the previous administration, the withdrawal was a fiasco. US planners failed to anticipate the speed of the collapse even though a government watchdog, the Special Inspector General for Afghanistan Reconstruction, had warned in 2021 that without US contractors to service planes and helicopters, the Afghan air force would no longer be able to function, depriving troops on the ground of a key advantage.For Afghans who worked with the US and its allies, and for the country’s women and girls, the departure seemed like a betrayal, raising a serious question mark over the administration’s claims to have restored human rights to the heart of US foreign policy.Its record in that regard was already mixed.On one hand, the administration had taken a firm stand against China’s mass persecution of Muslim Uyghurs, declaring it a genocide. Furthermore, the assembly of a coalition of some 130 countries to establish a global minimum tax was, according to Matt Duss, foreign affairs adviser to Senator Bernie Sanders, “a step toward addressing global economic inequality which is one of the drivers of conflict and authoritarianism”.“It’s an important first step and a courageous one,” Duss said. He also pointed to the sanctions against surveillance companies like the Israeli NSO group, whose software was used by authoritarian regimes to target dissidents.“​​That was a very consequential move, and there has been a massive pressure campaign trying to get them to roll it back, but they’ve stood firm,” he said.However, the steps taken against the Saudi monarchy for the heavy civilian toll from its air war in Yemen and the murder of Washington Post columnist Jamal Khashoggi felt well short of what human rights campaigners and progressive Democrats had hoped for. The Biden administration continued to sell Riyadh substantial quantities of advanced weaponry.“We’ve basically returned to the traditional US approach of supporting human rights in countries that don’t buy our weapons,” Duss said. “I very much hope that changes.”‘A lot of bad blood’Another way in which the manner of the US exit from Afghanistan undermined the administration’s wider objectives was by alienating European allies, who felt left out of a decision they were obliged to follow.“The pull-out really caused a lot of bad blood unnecessarily,” Elisabeth Braw, a senior fellow at the American Enterprise Institute, said. “You can call it the root cause of unhappiness within the alliance.”The formation in September of Aukus, a partnership with the UK and Australia to help the latter acquire nuclear-powered submarines, was another sweeping move in the pivot towards Asia.Confusion over UK claim that Putin plans coup in UkraineRead moreBut the protagonists had omitted to inform France, who discovered on the same day that their contract to sell Australia diesel submarines had been cancelled. Biden was forced to acknowledge the “clumsy” way it had been handled, and the rift clouded bilateral relations for months.Putin’s threat to Ukraine has helped rally the transatlantic alliance but as Biden revealed in his own public reflections, there are still serious divisions below the surface, limiting his room for manoeuvre.The president’s freedom of action on other global issues, like making progress in climate action or finding a nuclear compromise with Iran, will be hindered still further if Republicans gain control of Congress in this year’s midterm elections. In that case, the administration’s record until now, mixed as it is, may prove to be the high point of the Biden doctrine.TopicsJoe BidenBiden administrationUS foreign policyUS national securityUS militaryUS politicsUkrainefeaturesReuse this content More

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      How the Legal Landscape Is Changing for War Crimes

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      War crimes, genocide, torture, forced disappearances, crimes against humanity and other serious violations of international law have been characteristic of conflicts in the Arab world since even before they were codified in law. These crimes still occur in many Arab countries, most notably in Syria and Yemen. Not only do perpetrators often go unpunished, but they also find themselves rewarded and promoted.

      Was the Bombing of Hiroshima and Nagasaki the Mother of All War Crimes?

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      So, when on November 30, 2021, a court in Frankfurt, Germany, handed down a life sentence to an Iraqi man who joined the Islamic State (IS) group for genocide against the Yazidi minority — the first time a former member of IS had been convicted of genocide and the first verdict for genocide against Yazidis — it was celebrated as a landmark case in the fight for justice and accountability. Taha al-Jumailly was found guilty of genocide, crimes against humanity resulting in death, war crimes, aiding and abetting war crimes, and bodily harm resulting in death.

      “Today, ISIS member Taha AJ was convicted of genocide and sentenced to life in prison. This is the first genocide verdict against an ISIS member. This verdict is a win for survivors of genocide, survivors of sexual violence, & the Yazidi community,” tweeted Nadia Murad, a 2018 Nobel Peace Prize winner and a Yazidi survivor of IS enslavement.

      Universal Jurisdiction

      The trial was also the first in Germany based on the principle of universal jurisdiction addressing crimes under international law committed abroad by a perpetrator who is not a German citizen and was only extradited on the basis of an international arrest warrant. Universal jurisdiction is the principle that some crimes are so serious that states should be allowed to claim jurisdiction over an accused person regardless of where they were committed or any other relation with the prosecuting entity. None of the crimes in the Jumailly case were committed in Germany, and neither the victims nor the suspect were German nationals.

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      Though universal jurisdiction has been practiced in just a few countries in recent years, it has become an increasingly important tool for achieving accountability and justice for the survivors and victims of international crimes. Hundreds of investigations are ongoing and dozens of convictions have been obtained.

      The blossoming of universal jurisdiction is attributable to several factors, one of which is that the alternative route to prosecuting international crimes through the UN Security Council and the International Criminal Court (ICC) has effectively been closed by geopolitics. The Syrian conflict, for example, has never been appraised by the ICC because Russia backs President Bashar al-Assad.

      The Pursuit of Cases

      In recent years, there has been a greater capacity and willingness on the part of some domestic authorities to pursue cases involving international crimes, at least in certain circumstances. More and more countries have also passed laws allowing them to conduct the kind of landmark prosecution that took place in Frankfurt. More countries are following the Dutch example in setting up specialized units within the police, prosecution and even immigration services dedicated to identifying perpetrators of international crimes and bringing them to trial.

      Another important factor in the power of universal jurisdiction is that victims and their advocates can contribute to investigations and prosecutions, and sometimes even influence the direction they take. In some countries, such as France and Belgium, victims and NGOs can initiate criminal proceedings. Even where this is not possible, victims and their advocates can still drive cases forward in other ways, such as by tracking perpetrators’ movements, sharing information with the authorities and exerting pressure on them to act.

      Dutch authorities have even issued directions for Syrians in the Netherlands on how to file a criminal complaint against other Syrians relating to violations in Syria. In February, after Germany’s top court ruled that war crimes committed abroad can be tried in the country, a court in Koblenz became the first court outside of Syria to rule on state-sponsored torture by the Assad regime when it sentenced a former member of the secret police to four and a half years in prison for being an accomplice to crimes against humanity. Another former Syrian intelligence officer is currently on trial in Germany for overseeing 58 counts of murder and at least 4,000 cases of torture, rape or sexual abuse.

      Many Challenges

      Despite this recent progress, enormous legal, evidentiary and logistical challenges remain before international criminal cases can be brought to trial. Investigating and prosecuting international crimes in domestic courts is not straightforward, especially in a complex conflict such as the Yemen war where crimes have been committed over many years by different actors.

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      Foreign investigators cannot easily gather evidence on the ground, so they have to rely on the cooperation of different parties to the conflict to build cases. UN bodies like the group of eminent experts, international organizations, local NGOs, and organizations such as Airwars assist with investigations.

      Even if evidence linking an individual perpetrator to war crimes can be established, the suspect still has to be apprehended. In some countries practicing universal jurisdiction, those accused of committing war crimes do not need to be within reach of authorities for an investigation to be opened, but they need to be physically brought to court before any trial can take place.

      Though international cooperation can be used to apprehend and extradite international pariahs like IS militants, pirates and slave traders, war criminals who are still serving members of Arab regimes are not about to be handed over. Only when they set foot in a country practicing universal jurisdiction — whether for work, vacation, claiming asylum or for any other reason — can they be arrested immediately, providing they do not benefit from immunity.

      Jumailly’s conviction “sends a clear message,” said Natia Navrouzov, a lawyer and member of the NGO Yazda, which gathers evidence of crimes committed by IS against the Yazidis. “It doesn’t matter where the crimes were committed and it doesn’t matter where the perpetrators are, thanks to the universal jurisdiction, they can’t hide and will still be put on trial.”

      *[This article was originally published by Arab Digest, a partner of Fair Observer.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in World Politics

      ASEAN’s Myanmar Strategy, Slow But Steady

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      On December 6, the world saw Myanmar’s leaders ousted by a military takeover earlier this year receive their first verdict in a series of trials. National League for Democracy (NLD) leader Aung San Suu Kyi and President Win Myint were both initially sentenced to four years in prison for inciting dissent and breaking COVID-19 rules. While her sentence was subsequently halved after a partial pardon by General Min Aung Hlaing, Suu Kyi faces a total of 11 charges that might see her spend the rest of her life in prison.

      How Deep Are the Roots of Democracy in Southeast Asia?

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      When the Association of Southeast Asian Nations (ASEAN) declared Min Aung Hlaing persona non grata at the leaders’ summit back in October, it resulted in the quick release of over 5,600 political prisoners. However, it also precipitated resistance to ASEAN’s plan for a non-violent ceasefire. This was characterized by the rejection of the request by ASEAN’s envoy to Myanmar, Dato Erywan Yusof, to meet Aung San Suu Kyi and other detained leaders. With more verdicts pending, what will ASEAN’s next steps be?

      Bitter Pill

      It is easy to berate ASEAN for its delayed response to the February coup and to what has now become a humanitarian crisis, with nearly 1,300 dead, 200,000 displaced and 3 million in need of assistance. However, the immediate move by the United States, the European Union and the United Kingdom to enforce economic sanctions on Myanmar has not produced the hoped-for results.

      Although economic sanctions affect many industries across the country, such as the military conglomerates Myanmar Economic Corporation and Myanmar Economic Holdings Ltd, they have done little to nudge the military leaders toward a ceasefire. Instead, repression and bloodshed intensify by the day.

      The inefficacy of economic sanctions is a difficult pill to swallow, but it forces us to confront two realities. First, the military leaders assign very low importance to economic growth vis-à-vis the pursuit of their political agenda. In this crisis, the main focus of the military leaders is to right what they believe is wrong, namely nurturing a “true and disciplined democracy” based on the claim that the landslide NLD win in November 2020 was rigged.

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      The verdict against Aung San Suu Kyi is an indicator that despite a persistent international backlash, the economy has taken a backseat and will continue to be compromised if it means that the junta can legitimize its position.

      Economic and travel sanctions like those implemented by the European Union, the US Treasury, New Zealand and the United Kingdom, among others, will limit the movement of the military leaders and hold businesses in a tight chokehold. As the fight for survival continues, economic sanctions will only cause the skyrocketing of prices on goods most people will no longer be able to afford. Along with the ongoing COVID-19 pandemic, this will only help to drag half of Myanmar’s population into poverty in 2022.

      Secondly, curtailing Myanmar’s dealings with global actors like the US, the EU and the UN is not as fruitful as many would like to think. To offset the newest round of sanctions, Myanmar’s military leaders have linked arms with superpowers on the other side of the political spectrum, like China and Russia. Therefore, the remaining challenge for ASEAN is to develop a non-violent strategy that can bring a quick end to the bloodshed while making room for negotiations aimed at giving the people of Myanmar a say in their own future.

      From 1988 to 2021

      Despite the suppression of the 1988 uprising, when a military junta again seized power, and the ensuing crackdown on civil rights, then-Burma was admitted to ASEAN in 1997. The move was not without controversy, with continuing international pressure to make the admission contingent on democratic concessions from Yangon, but geopolitical and economic considerations drove ASEAN’s decision. Unsurprisingly, Myanmar’s accession opened a new set of challenges for the bloc, especially vis-à-vis its non-interference principle.

      Embed from Getty Images

      The policy discourages states from intervening in the internal affairs of fellow members, including criticism of state actions against its citizens, and condemns those perceived to be in breach of the non-intervention principle. It also denies support to any rebel group seeking to destabilize the government of a neighboring state, providing political support and material assistance to members to counter disruptive activity. To put it broadly, the non-interference policy means that all member states tend to take a hands-off approach when it comes to the national affairs of their regional counterparts.

      As a result, one of the main criticisms faced by ASEAN over the decades has to do with its delay in interfering in regional emergencies, like the 2015 Rohingya crisis that was later identified as ethnic cleansing by the United Nations. Thus, it was only by 2005 that ASEAN arrived at a collective consensus to bar Myanmar from the 2006 chairmanship to void a boycott by the West, with the US and the EU condemning the military’s refusal to implement democratic transition and release Nobel laureate Aung San Suu Kyi, who won the 1990 election but was placed under house arrest instead of assuming office.

      The association’s silence on its member states has become a significant liability for ASEAN’s reputation. Seeking to enhance the bloc’s international standing and to attract financial support and foreign investment, ASEAN nations finally had a common cause to intervene for the sake of regional stability. Myanmar’s eventual agreement to give up the chairmanship that year also meant the bloc was effective in keeping the military leaders updated on its incremental steps in having a more active approach for the sake of the social and economic stability of all member states.

      Embed from Getty Images

      Fast forward to February 2021, and both Myanmar and ASEAN find themselves in a near-identical predicament. After international criticism fueled lengthy discussions that lasted over two months, ASEAN reached the Five Point Consensus as its action plan. The surprise election of Dato Erywan Yusof as the bloc’s special envoy for Myanmar outside the original list of nominees followed, demonstrating not only the internal divides within the bloc but also indicating that Yusof was the only sound choice for ASEAN to earn the trust of all stakeholders and to make decisions with required caution.

      These moves show that extensive efforts have been taken in order for ASEAN to reach a consensus with the Myanmar leaders and, more importantly, for ASEAN to ensure Myanmar was still included in the process. The Five Point Consensus is a gradual strategy that offers a way for ASEAN to begin negotiations with the Myanmar military through diplomatic engagement and respecting the hard-fought national independence of other member states.

      Middle Ground

      To find a middle ground, Yusof has proposed measured, non-violent strategies that would begin with humanitarian assistance and policy guidance through the ASEAN Humanitarian Assistance Centre, followed by a more substantive discussion with the junta in exchange for full access to all parties. ASEAN is currently playing a calculated game of push-and-pull. The military leaders need their relevance in Myanmar politics to be acknowledged, which ASEAN has already indirectly provided; in response, the junta’s lack of cooperation and reciprocity to the consensus protocol provided room for ASEAN to plan its next step. 

      In comparison to the economic sanctions, by barring Myanmar’s representatives from this year’s summit, ASEAN has taken a more calculative approach in allowing the junta to consider the consequences of non-cooperation. Simultaneously, ASEAN‘s secretary general, Dato Lim Jock Hoi, stressed that humanitarian assistance “should not be politicised.” At the end of the October leaders’ summit, His Majesty Sultan Hassanal Bolkiah reiterated that “Myanmar is an integral part of the ASEAN family and their membership has not been questioned.”

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      Despite repeated urgency for stronger action, ASEAN recognizes that coercive strategies are not effective in seeking a final resolution. As much as this is a race against time, it is also unproductive to rush political negotiations that can result in more harm than good. It is clear that ASEAN has moved beyond its non-interference principle and is exercising both caution and effort as the sole moderator in this crisis. Ultimately, continuous criticism can only achieve so much.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in US Politics

      Biden’s democracy summit must deliver on its aims to beat authoritarianism | Elise Labott

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      Biden’s democracy summit must deliver on its aims to beat authoritarianismElise LabottCritics dismissed the virtual meeting of world leaders as all talk, with no clear benchmarks of what change is neededElise Labott is an adjunct professor at American University’s School of International Service Last week as Joe Biden invited about 110 leaders to a virtual Summit for Democracy, he sounded the alarm over the rising tide of authoritarianism, as well as leading discussion on how to counter democratic backslide. The president admitted the summit was less of a magic bullet than the start of a global conversation on how to stop further democratic rot – an attempt to “seed fertile ground for democracies to bloom around the world”.Critics dismissed the summit as an ideological (and cynical) ploy to enlist countries in Washington’s strategic competition with China, as well as to appease overseas powers eager to see US leadership on the world stage. Both charges have merit.But if the US doesn’t convene world democracy, it’s unclear who would. Similar events in the past held by global coalitions, such as the UN and the Community of Democracies, have merely reaffirmed democratic principles without creating momentum for further action. And rarely has there been a moment in which we need a plan to reverse its erosion worldwide.In the past year, military coups have ousted governments in Sudan and Myanmar. Cuba has launched a violent crackdown on some of its biggest protests in years, and restricted control of the internet. President Alexander Lukashenko of Belarus refused to accept his election loss, and forced down a plane carrying political dissidents.Even as leaders gathered for the virtual summit, Russia launched a massive buildup of forces and heavy weaponry across its eastern border with Ukraine, amid growing concern in Washington and Europe about another large-scale military invasion. These are just the most notable examples of democracy in peril.‘An urgent matter’: Biden warns democracy is under threat at summitRead moreLast month the International Institute for Democracy and Electoral Assistance found more than a quarter of the world’s population now lives in countries where democracy is in decline. The pro-democracy organisation Freedom House pointed to 15 straight years of steady democratic backsliding, warning the scales of global freedom are now tipping in favour of authoritarian-leaning populists and would-be dictators, justifying repression in order to expand power and influence.Implementing the slate of initiatives unveiled at the summit – from combating corruption and disinformation to strengthening election integrity and independent media – won’t be easy. The US has always been better at championing democracy than at supporting it in action. Neither the reaffirmation of democratic principles, nor these proposals, will do much to help democratic activists on the frontlines in countries such as Cuba, Belarus or Ukraine where Washington has instead favoured sanctions against the anti-democratic offenders in power. Or in Afghanistan, where 38 million Afghans have had 20 years of democracy snatched from under them, as the Taliban reimpose their severe form of repressive government. For them democracy represents more than a concept, but a way of life for which they continue to fight.Biden’s problems start at home. The president knows democracy is the product of a healthy society, in which voting rights, free elections, media and a judiciary are all critical elements. Yet these ingredients are in short supply on home soil. A recent poll by the Pew Research Center found that 85% of Americans believe their political system “needs to be completely reformed” or “needs major changes”, while respondents in more than a dozen countries said a majority of citizens want major changes or total reform. One might be forgiven for questioning whether the leader of the US has the moral authority to host such a gathering, given his own country’s spotty record – from the 6 January insurrection on Capitol Hill to new laws restricting voters’ access to ballots and stalled voter rights legislation – a victim of political dogfighting.The need for the US to strengthen its own democracy doesn’t mean it should not try to bolster it abroad, though, by rallying the forces of freedom. Biden is right when he warned the leaders attending the summit that the world is at an “inflection point in history”. Populations are facing rising inequality and a sense of powerlessness, coupled with hardships brought on by the global pandemic and faltering world economy. They are now questioning whether authoritarian rule may provide stability. China, uninvited to the summit, published its own briefing document offering one-party rule as an alternative form of governance.The world’s democracies must rally, if only to stop the world’s dictators and their supporters who, as Anne Applebaum describes in The Atlantic, share a network of security actors, media and financial interests to cement their oppressive rule. And populist champions like former Donald Trump adviser Steve Bannon are busy organising far-right activists across Europe – some of them funded by Russia. Their beliefs resemble those of 1930s fascist intellectuals and find resonance with the demagogues and authoritarians of today. Given all of these headwinds, it remains to be seen whether the summit can turn rhetoric into action, particularly when many of the leaders who attended – such as those from India, Iraq, Poland, Brazil and the Philippines – have been accused of harbouring authoritarian tendencies themselves.The democracy summit participants launched a “year of action” in which they dedicated themselves to implementing commitments they made. But the UUS has thus far declined to say how or even whether it planned to hold the participants to account for those pledges. The lack of these benchmarks is why summits get a bad name, criticised for being talk over action. Without them they are highly unlikely to produce meaningful change and reinvigorate democracy. Some suggested that before they are invited to an in-person follow-on summit planned for next year, countries should meet their commitments to take steps toward bolstering independent media, increasing financial transparency, limiting export of technology to authoritarian-run countries and strengthening election integrity and civic capacity – particularly for women and marginalised communities. It is the bare minimum that Biden can do to prove that the Summit for Democracy has teeth.
      Elise Labott is an adjunct professor at American University’s School of International Service and the founder and CEO of Zivvy Media
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