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    Anger Over Quake Response Challenges Erdogan Ahead of Election

    A furor is building among some survivors over the government’s handling of the crisis. “I have been voting for this government for 20 years, and I’m telling everyone about my anger,” said one. “I will never forgive them.”GAZIANTEP, Turkey — A powerful earthquake struck northwestern Turkey in 1999, killing more than 17,000 people, exposing government incompetence and fueling an economic crisis. Amid the turmoil, a young, charismatic politician rode a wave of public anger to become prime minister in 2003.That politician was Recep Tayyip Erdogan.Now, as president, Mr. Erdogan faces challenges similar to those that brought down his predecessors — posing what is perhaps the greatest threat of his two decades in power to his political future.The deadliest earthquake to strike Turkey in almost a century killed at least 20,000 people this past week, with the bodies of countless others still buried in the rubble. It hit after a year of persistently high inflation that has impoverished Turkish families, leaving many with scarce resources to bounce back.The quake’s aftermath has highlighted how much Mr. Erdogan has reshaped the Turkish state, analysts said. Critics accuse him of pushing the country toward autocracy by weakening civil rights and eroding the independence of state institutions, like the Foreign Ministry and the central bank. And in a series of moves aimed at undercutting his rivals and centralizing control, he has restricted institutions like the army that could have helped with the earthquake response while stocking others with loyalists.Mr. Erdogan acknowledged on Friday that his government’s initial response to the disaster had been slow, and anger was building among some survivors, a sentiment that could hamper his bid to remain in power in elections expected on May 14.“I have been voting for this government for 20 years, and I’m telling everyone about my anger,” said Mikail Gul, 53, who lost five family members in a building collapse. “I will never forgive them.”Residents searched for their relatives in a collapsed building in Kahramanmaras, near the epicenter of the quake, on Friday.Emin Ozmen for The New York TimesMr. Erdogan assessed the earthquake damage in Kahramanmaras on Wednesday.Adem Altan/Agence France-Presse — Getty ImagesThe president, who faced harsh criticism in 2021 over his government’s failure to control disastrous wildfires, has long portrayed himself as a leader in touch with the common citizen. He visited communities hit hard by the quake in recent days. Dressed in black, his face grim, he visited the wounded and comforted people who had lost their homes and emphasized the magnitude of the crisis.“We are face to face with one of the greatest disasters in our history,” he said on Friday during a visit to Adiyaman Province. “It is a reality that we could not intervene as fast as we wished.”The 7.8 magnitude earthquake — the most powerful in Turkey in decades — and hundreds of aftershocks toppled buildings along a 250-mile-long swath in the south, destroying thousands of buildings and causing billions of dollars in damage. Across the border in Syria, nearly 4,000 dead have been counted, a toll that is expected to rise significantly.“This is the largest-scale disaster that Turkey has to manage, and, inevitably, this will create a backlash against the government,” said Sinan Ulgen, the director of Edam, an Istanbul-based think tank. “But much will depend on how effectively it can address the needs of the affected population.”A man mourning the death of his father in Kahramanmaras on Friday.Emin Ozmen for The New York TimesMany residents of the disaster zone have expressed frustration with the government’s response, saying that in some areas, the state was nowhere to be seen during the initial aftermath.Emin Ozmen for The New York TimesThe Turkish government has begun an extensive aid operation, dispatching 141,000 aid and rescue workers to search for the dead and wounded, to distribute food, blankets and diapers and to erect tents for the tens of thousands of homeless, many of them sleeping in cars to avoid the subzero winter chill.Deadly Quake in Turkey and SyriaA 7.8-magnitude earthquake on Feb. 6, with its epicenter in Gaziantep, Turkey, has become one of the deadliest natural disasters of the century.A Devastating Event: The quake, one of the deadliest since 2000, rippled through neighboring countries; an area along the Syrian-Turkish border was hit particularly hard.From the Scene: Thousands of people have been killed, and dozens of cities have been gutted. Here is how witnesses described the disaster.A Desperate Search: When buildings fell in Antakya, Turkey, families poured in from all over to help. Videos capture the dig for survivors.Syrian Refugees: Millions of people fled the war in Syria for the safety of neighboring Turkey. Now, those killed in the quake are being returned home.Nevertheless, many survivors have expressed frustration with the government’s response, saying the state was nowhere to be found during the initial aftermath, leaving residents alone to find shelter and free trapped loved ones from collapsed buildings.The scarcity of trained rescue squads and heavy machinery during the critical first days most likely increased the death toll because many people who could have been saved were not.When government agencies arrived, residents said, their equipment seemed insufficient and they failed to coordinate the efforts of volunteers who were already struggling to help survivors.For two days after the quake, Mr. Gul said his family lacked food and water and felt helpless amid the destruction.“The house next to us collapsed and there was a girl inside saying, ‘Save me! save me!’” he said.The girl was saved, but Mr. Gul and his relatives had to dig out their five dead family members, he said.He had worked in Germany for 20 years, funneling his savings into 10 apartments in the city of Kahramanmaras, near the quake’s epicenter, so he could live off the rent. But all of the apartments were destroyed, and he has to start over.“I don’t know what I’m going to do,” he said.Distributing aid in the southern city of Antakya on Wednesday.Emily Garthwaite for The New York TimesTurkish soldiers joined a rescue operation in Kahramanmaras on Friday.Emin Ozmen for The New York TimesDuring his two decades as prime minister and president, Mr. Erdogan has argued that changes to the way Turkey was run were necessary to protect it from a range of domestic and foreign threats, including military coups and terrorist groups.He has also restricted the army, which played a key role in the government’s response to the 1999 earthquake.Turker Erturk, a former Navy admiral who was a commander in the crisis center set up after that quake, said in an interview that the army had swiftly intervened. But in the years since, Mr. Erdogan’s government had limited that ability and the army had stopped planning and training for it, he said.After Monday’s quake, the government called on the army only after public criticism, according to Mr. Erturk.“It is because of one-man rule,” he said. “In authoritarian governments, those decisions are made at the very top, and they wait for his commands.”On Friday, the army said in a tweet that its soldiers had been helping “from the first day” and now had more than 25,000 soldiers deployed. But their presence has not been obvious in many of the hardest-hit areas.Leading the government’s earthquake response is the Disaster and Emergency Management Presidency, or AFAD, which critics say Mr. Erdogan has stocked with loyalists and empowered at the expense of other organizations, like the Turkish Red Crescent.AFAD, the agency leading the government’s earthquake response, set up shelters for the homeless on the edge of Antakya on Thursday.Emily Garthwaite for The New York TimesA family gathered around a fire to stay warm in Antakya on Wednesday.Sergey Ponomarev for The New York TimesThe earthquake has also led to increased scrutiny of the government’s use of construction codes aimed at preventing buildings from collapsing, according to analystsAlthough no one can predict the precise timing of an earthquake, seismologists have been warning for years that a big one was expected in this region.Three days before the quake, a prominent geologist, Naci Gorur, wrote on Twitter that he was concerned that other seismic activity in Turkey had put pressure on the faults near the epicenter of Monday’s tremor. He even posted a map pinning some of the locations that would be the hardest hit if his predictions came to pass.After the quake, he tweeted again, saying: “As geologists, we grew exhausted of repeating that this earthquake was coming. No one even cared what we were saying.”Following the 1999 quake, Turkey strengthened its construction codes to make buildings more earthquake resistant.But the zone devastated by the recent quakes is dotted with areas where some buildings survived while others nearby — some relatively new — completely collapsed, raising questions about whether some contractors had cut corners.A damaged artist’s studio in Antakya.Emily Garthwaite for The New York TimesThe body of an earthquake victim at the entrance to a mosque in Antakya.Emily Garthwaite for The New York TimesAt one collapsed apartment block this week, volunteer construction workers spotted what they said was inferior rebar and they broke up chunks of concrete with their hands, saying it was poor quality.In the days since, a lawyers’ association has asked prosecutors in Kahramanmaras to identify contractors who built buildings that collapsed and inspectors who checked them so they can be investigated for possible criminal violations. Prosectors in Gaziantep have started collecting rubble samples for their own investigation.The earthquake left behind billions of dollars in damage, and government plans will require billions more at a time when the state budget is already strained.Before the quake, Mr. Erdogan’s government unleashed billions of dollars in new spending aimed at cushioning the blow of high inflation to citizens before the election, a cash injection that some economists predicted could tip the country into recession this year.On top of economic hardship, the earthquake will deepen Turks’ distress, and not in a way that makes them feel that they are contributing to a greater cause, said Selim Koru, an analyst at the Economic Policy Research Foundation of Turkey.“This, by its nature, comes out of nowhere, and it makes people even more miserable, and not just in the earthquake zone,” he said. “The economy is going to suffer, and I’m not sure it gives that suffering any meaning.”Searching for clothing in a donation pile in Antakya.Sergey Ponomarev for The New York TimesWatching the search and rescue operation in Antakya.Sergey Ponomarev for The New York TimesThe earthquake’s proximity to the presidential and parliamentary elections that must be held on or before June 18 could lead to other challenges.The Reuters news agency quoted an unnamed Turkish official on Thursday as saying the earthquake’s devastation posed “serious difficulties” for the vote. It was the first hint that the government could seek to postpone it.Trying to unseat Mr. Erdogan is a coalition of six opposition parties that want to bolster the economy and restore independence to state institutions. They have already started trying to turn the quake response into an election issue.But even some angry voters still trust Mr. Erdogan.“We failed this test,” said Ismail Ozaslan, 58, a long-haul truck driver in a park in Gaziantep where part of his family was cramped inside a tent. “We are like patients left to die. There is no management here.”But his criticism of local and national officials, whom he accused of corruption and neglect, stopped short of Mr. Erdogan.“It’s like a building where the roof is strong but the pillars are rotten,” he said. “We don’t have a chance other than Erdogan. May God grant him a long life.”The damaged Kurtulus mosque in Gaziantep.Emin Ozmen for The New York TimesSafak Timur More

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    US says clashes with Iran-backed militias won’t affect Tehran nuclear talks

    US says clashes with Iran-backed militias won’t affect Tehran nuclear talks Nuclear negotiations under way, as US-led mission against the Islamic State exchanges fire with armed groups in Syria and Iraq US-led forces and Iran-backed militias exchanged fire for the second day in a row, but the Biden administration said the fighting would not affect nuclear negotiations with Tehran.US Central Command said the two bases, Conoco and Green Village, used for the US-led mission against the Islamic State (IS) had come under rocket attack on Wednesday evening, but there were no serious injuries. The US struck back with attack helicopters, killing “two or three suspected Iran-backed militants conducting one of the attacks” and destroying vehicles.“The response was proportional and deliberate,” a CentCom statement said. “The United States does not seek conflict with Iran, but we will continue to take the measures necessary to protect and defend our people.”US officials have stressed there is no connection between the fighting between the US and alleged Iranian proxies, and the delicate endgame of negotiations to revive a 2015 agreement between Iran and major powers which has largely disintegrated since Donald Trump withdrew the US in 2018.The state department confirmed that the US had sent a response on Wednesday to Iranian proposals on ways to return to the deal. Iran said that it had received the US response and was studying it. Both the US and Iran responses follow a proposed EU blueprint for restarting the nuclear deal, by which Iran would roll back its nuclear program in return for sanctions relief.John Kirby, spokesman for the US national security council said Iran had made some concessions which had closed the distance between the negotiating positions but added: “Gaps remain. We’re not there yet.”As the nuclear negotiations appeared to end the final stretch, fighting flared up in Syria, where the US-led anti-IS coalition are in close proximity to Tehran-supported militia in Syria and Iraq. Wednesday’s clash came a day after US airstrikes against targets in Deir Azzour, which Washington said were arms bunkers used by militias affiliated to Iran’s Islamic Revolutionary Guard Corps (IRGC). That action was taken in retaliation for drone attacks on US military outposts on 15 August.Kahl said Tuesday’s US strikes had struck nine bunkers, and had originally targeted 11 but people had been seen near two of them. The aim was not to cause casualties but to send a deterrent message, he said.“Our response was extraordinarily carefully calibrated. It was meant to be proportional to the attacks that the Iran-backed groups carried out on 15 August. It was very precise,” he said.There have been a succession of attacks on the residual US military mission in Syria, left behind to monitor and contain the remnants of IS. Kahl said the decision was taken to strike back after the 15 August drone attack in part because wreckage from a downed drone could be traced back directly to Tehran. He added that US airstrikes were also a cumulative response to a series of attacks by Iranian-based militias.“We don’t want Iran to draw the wrong conclusion that they can continue just doing this and get away with it,” he said.He insisted the US military operations in Syria were not linked to negotiations on the nuclear deal, known as the Joint Comprehensive Plan of Action (JCPOA).“Whether the JCPOA is reborn or not, it actually has nothing to do with our willingness and resolve to defend ourselves,” Kahl said. “I think the strike last night was a pretty clear communication to the Iranians that these things are on different tracks.”Ellie Geranmayeh, a senior policy fellow at the European Council on Foreign Relations, said there were signs of anticipation on both sides of a deal being clinched.“The US and Iranian governments have begun shifting the message for their audiences in expectation of something happening,” Geranmayeh said.The Iranian press has noticeably changed tone over recent weeks, swapping nationalistic and anti-western views for more neutral positions on the deal, which Iranian leaders have framed as a pillar of sovereignty.The Israeli government, which has struggled to prevent the JCPOA being reborn, struck a defiant tone as the prospect of a new deal rose.“We are not prepared to live with a nuclear threat above our heads from an extremist, violent Islamist regime,” the prime minister, Yair Lapid, said. “This will not happen, because we will not let it happen.”TopicsIranSyriaUS foreign policyUS militaryUS politicsMiddle East and north AfricanewsReuse this content More

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    US military kills Islamic State leader in Syria airstrike

    US military kills Islamic State leader in Syria airstrikeMaher al-Agal, said to be responsible for developing networks outside Iraq and Syria, was killed in a drone strike The US military killed a leader of the Islamic State on Tuesday in an airstrike in Syria, Joe Biden said.Maher al-Agal, identified by the Pentagon as one of the top five Islamic State leaders and the leader of the Islamic State in Syria, was killed in a drone strike in Jindayris in north-west Syria.“His death in Syria takes a key terrorist off the field and significantly degrades the ability of [the Islamic State] to plan, resource, and conduct their operations in the region,” the president said. “It sends a powerful message to all terrorists who threaten our homeland and our interests around the world. The United States will be relentless in its efforts to bring you to justice.”Suspected Islamist attack frees hundreds of prisoners in NigeriaRead moreUS Central Command said in a news release that an unidentified senior official in the Islamic State was also seriously injured in the strike that killed Agal.The Pentagon said an “initial review” indicated there were no civilian casualties, though it wasn’t possible to immediately confirm that information.Agal was “responsible for aggressively pursuing the development of Isis networks outside … Iraq and Syria”, according to US Central Command.The Islamic State at the height of its power controlled more than 40,000 sq miles stretching from Syria to Iraq and ruled over 8 million people.While the group’s territorial state collapsed in 2019, its leaders have turned to guerrilla tactics and been able to “efficiently restructure themselves organizationally”, according to the Washington-based Carnegie Endowment for International Peace, a nonpartisan thinktank.The strike on Agal comes months after the leader of the Islamic State, Abu Ibrahim al-Hashimi al-Qurayshi, killed himself during a raid of his hideout by American special forces.The Pentagon said Qurayshi blew himself up along with members of his family.TopicsIslamic StateUS militarySyriaUS politicsJoe BidenReuse this content More

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    Elimination of IS Leader Is a Positive, But Not a Final, Step

    On January 3, the United States announced the elimination of Ibrahim al-Hashimi al-Qurayshi, the leader of the so-called Islamic State (IS) during a counterterrorism raid in Atmeh, a town in Syria’s Idlib province close to the Turkish border. In an address to the nation, US President Joe Biden said that the operation had taken “a major terrorist leader off the battlefield,” adding that special forces were used in the operation in an attempt to reduce civilian casualties.

    Why Now?

    The raid comes after IS conducted an attack on al-Sinaa prison in the northeastern city of Hasakah in January in an attempt to break free its fighters. In the assault, several Syrian Democratic Forces (SDF) fighters were killed. According to SDF officials, IS was planning the attack for six months. Nevertheless, the US-backed SDF recaptured the prison about a week later. 

    Lieutenant Colonel Rick Francona suspects that the attack on the prison “was the catalyst that led to the decision to act on what was obviously already known location intelligence on … al-Qurayshi.” Francona, who served as the US military attaché in Syria from 1992 to 1995, notes that “Over the past few months, there has been an increase in ISIS activity — more widespread and bolder in nature. This also comes at a time when Iranian-backed militias have also stepped up attacks on US forces in Syria and Iraq.”

    Embed from Getty Images

    Both Qurayshi and his predecessor, Abu Bakr al-Baghdadi, were eliminated in Idlib province, in areas under the control of Hayat Tahrir al-Sham (HTS). Previously, HTS was known as Jabhat al-Nusra, affiliated with al-Qaeda and initially aligned with IS. In 2013, however, it split from IS and has been at war with the group since 2014. In 2016, it also broke relations with al-Qaeda and rebranded itself as Jabhat Fatah al-Sham (JFS). The following year, JFS assumed its current iteration as it merged with other groups. 

    During much of the past decade, Idlib served as a hideout for extremists. In 2017, then-US envoy to the coalition fighting the Islamic State, Brett McGurk, stated that “Idlib Province is the largest Al Qaeda safe haven since 9/11.” Following Baghdadi’s elimination in 2019, former US President Donald Trump suggested Baghdadi was in Idlib as part of a plan to rebuild IS. Indeed, it was surprising to see Qurayshi hiding in Idlib as well. 

    According to David Lesch, professor of Middle East History at Trinity University in Texas and author of “Syria: A Modern History,” “it seems strange that al-Baghdadi and al-Qurayshi were killed in [a] province largely controlled by its rival HTS and overseen by Turkey, but on the other hand it is the only area not under the control of the Syrian government and its allies or the US-supported SDF, all of whom are opposed to ISIS.”

    “Idlib is now home to thousands of IDPs, therefore it was easier for the two to blend in, live secretively, and not be identified as outsiders since most everyone in certain areas of the province are outsiders,” Lesch explains. “Yet they were still found because despite all this they lived in an area still teaming with enemies who were obviously directly or indirectly assets to US intelligence.”

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    The recent US operation in Idlib, which was reportedly planned over several months, has been the largest of its kind in the country since the 2019 raid that eliminated Baghdadi. Although Qurayshi was less charismatic than Baghdadi, the fact that he was targeted in the US raid confirms his importance.

    It is worth noting that Qurayshi was named as the leader of IS in 2019, following the death of Baghdadi. While IS called on all Muslims to pledge allegiance to Qurayshi as the new “caliph,” it did not provide much information about his bona fides. The use of the name “Qurayshi” seemed to be an attempt to trace his lineage to the Prophet Muhammad. This is a tactic that was also used vis-à-vis Baghdadi with the aim of legitimizing his leadership role. Qurayshi’s real name is Amir Muhammad Said Abdal-Rahman al-Mawla but he is also known as Hajji Abdullah and Abdullah Qaradash.  

    As the US continues to create an impression that it is minimizing its presence in the region, especially following its withdrawal from Afghanistan last year, the raid seems to have been used to demonstrate US reliability to reassure Washington’s partners. It also comes as a needed win for Biden at a time when the Ukraine crisis remains unsolved. 

    However, while Qurayshi’s elimination is a positive development, it may simply be a “symbolic victory,” as Sean Carberry suggests in The Hill. While the operation against Qurayshi may create internal chaos within IS, ultimately, the terror group is likely to name a new leader and move on, which is what took place following Baghdadi’s assassination. Although IS was militarily defeated, the group has not been eliminated and remains a threat. In fact, there have been increased indications, such as the attack on al-Sinaa prison, suggesting that the group is in a state of resurgence. The militants might also seek to use the recent US raid to encourage revenge attacks. 

    US Policy in Syria

    The Biden administration’s policy vis-à-vis Syria seems to indicate that the official approach will be “markedly timid,” as Abdulrahman al-Masri and Reem Salahi suggest. It should not be surprising to learn that Syria does not constitute a top diplomatic priority for President Biden. Yet while the US does not want to remain engaged in endless regional wars, it seems to believe that a political settlement in war-torn Syria would only empower President Bashar al-Assad, whom Washington would never back. 

    Moreover, the US and the Kurds are partners, and Washington would not want to portray an image that it has abandoned those who have shouldered the fight against the Islamic State. This was the overall perception when Trump announced the withdrawal of US forces from Syria in 2019, and Biden seems keen to remedy that controversial decision. 

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    It is worth noting that during President Barack Obama’s tenure, Vice President Biden was one of the skeptics when it came to what the US could achieve in Syria. Nevertheless, it should not be taken as a given that as president, Biden may be in favor of removing all US forces from the country. For instance, he criticized Trump’s decision to withdraw forces from Syria, saying it granted IS “a new lease on life.” In the same year, Biden also said he supports keeping some forces in eastern Syria for the foreseeable future. 

    Middle East expert and former US State Department analyst, Gregory Aftandilian doesn’t see the US leaving Syria anytime soon. Aftandilian, who is also a non-resident fellow at Arab Center Washington DC, thinks “It is doubtful [Biden] will do more than the anti-ISIS campaign and humanitarian aid. In light of the attempted prison break in northeastern Syria he may put pressure on some countries to take back ISIS prisoners.”

    For the US to play a role in stabilizing Syria, there needs to be a clear strategy. Unfortunately, at the moment, that strategy is largely lacking. While the elimination of Qurayshi is a positive step, much more work needs to be done to stabilize the country.

    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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    How the Legal Landscape Is Changing for War Crimes

    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?

    READ MORE

    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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    Your Monday Briefing: Omicron Evades Many Vaccines

    And elections in Hong Kong.Good morning. We’re covering the latest Omicron news, the Hong Kong elections and a Times investigation into civilian casualties from U.S. airstrikes.People waiting in line for AstraZeneca coronavirus vaccines in Dhaka, Bangladesh.Mohammad Ponir Hossain/ReutersOmicron outstrips many vaccinesA growing body of preliminary research suggests most Covid vaccines offer almost no defense against infection from the highly contagious Omicron variant. The only vaccines that appear to be effective against infections are those made by Pfizer and Moderna, reinforced by a booster, which are not widely available around the world.Other vaccines — including those from AstraZeneca, Johnson & Johnson and vaccines manufactured in China and Russia — do little to nothing to stop the spread of Omicron, early research shows. Because most countries have built their inoculation programs around these vaccines, the gap could have a profound impact on the course of the pandemic.Still, most vaccines used worldwide do seem to offer significant protection against severe illness. And early Omicron data suggests South Africa’s hospitalizations are significantly lower in this wave.U.S.: A fourth wave has arrived, just days before Christmas. More than 125,000 Americans are testing positive every day, and hospitalizations have increased nearly 20 percent in two weeks. Only one in six Americans has received a booster shot.Here are the latest updates and maps of the pandemic.In other developments:Some Southeast Asian tourism spots have reopened, but few foreigners are making the trip.Two lawyers and a civil rights activist are on trial in Iran after trying to sue the country’s leaders over their disastrous handling of the pandemic.The U.K. is considering a lockdown as cases skyrocket.National security organizations vetted candidates running in Sunday’s legislative elections. Billy H.C. Kwok for The New York TimesBeijing steers Hong Kong’s voteHong Kong held legislative elections this weekend, the first since Beijing imposed a drastic “patriots only” overhaul of the political system, leaving many opposition leaders in jail or in exile.Understand the Hong Kong ElectionsHong Kong’s legislative election on Dec. 19 will be the first since Beijing imposed a drastic overhaul of the island’s political system.What to Know: New electoral rules and the crackdown on the opposition have eliminated even the slightest uncertainty of previous elections.An Unpopular Leader: Carrie Lam, Hong Kong’s chief executive, appears to relish the new state of affairs.Seeking Legitimacy: The outcome is already determined, but the government is pressuring opposition parties to participate. A Waning Opposition: Fearing retaliation, pro-democracy politicians who had triumphed in the 2019 local elections have quit in droves.Under the overhaul, only 20 seats were directly elected by residents; the rest were chosen by industry groups or Beijing loyalists. The establishment’s near-total control of the legislature is now guaranteed, reports my colleague Austin Ramzy.Analysis: Even though the government has effectively determined the outcome of the elections, it is pressuring voters and opposition parties to participate in order to lend the vote legitimacy.Profile: Carrie Lam, Hong Kong’s chief executive, is the territory’s most unpopular leader ever, polls show. But Lam appears reinvigorated and is poised to seek a second term — if Beijing allows it.A 2016 airstrike aimed at an Islamic State recruiter in Iraq hit Hassan Aleiwi Muhammad Sultan, now 16 and in a wheelchair.Ivor Prickett for The New York TimesA pattern of failures A five-year Times investigation found that the American air wars in Iraq, Syria and Afghanistan have been plagued by deeply flawed intelligence, rushed and often imprecise targeting, thousands of civilian deaths — with scant accountability.The military’s own confidential assessments, obtained by The Times, document more than 1,300 reports of civilian casualties since 2014, many of them children. The findings are a sharp contrast to the American government’s image of war waged by all-seeing drones and precision bombs.The documents show, too, that despite the Pentagon’s highly codified system for examining civilian casualties, pledges of transparency and accountability have given way to opacity and impunity.Details: Here are key takeaways from the first part of the investigation. The second installment will be published in the coming days.Records: The Times obtained the records through Freedom of Information requests and lawsuits filed against the Defense Department and the U.S. Central Command. Click here to access the full trove.THE LATEST NEWSAsiaA child recovered belongings from his home, which was severely damaged by Super Typhoon Rai.Jay Labra/Associated PressOfficials now believe that more than 140 people died after a powerful typhoon struck the Philippines last week.Police in Japan identified a suspect in the Friday arson fire that killed 24 people in an office building in Osaka.U.S. Olympic leaders criticized China’s response to allegations of sexual assault from one of its star athletes, while trying not to jeopardize American athletes headed to Beijing.Marja, a district in Afghanistan, was once the center of the U.S. campaign against the Taliban. Now residents there are increasingly desperate for foreign humanitarian aid.“In my mind, I was dead,” said Ko Aung Kyaw, a journalist in Myanmar who said he was tortured by the military junta, adding: “I didn’t look like a human.”World NewsRussian troops participated in drills at a firing range last week.Associated PressRussia laid out demands for a Cold War-like security arrangement in Eastern Europe and Central Asia, which were immediately rejected by NATO.Chileans began voting for president on Sunday after one of the most polarizing and acrimonious election campaigns in the country’s history.Israel is threatening to destroy Iran’s nuclear program, but experts and officials say that is beyond the capabilities of its military.The Baghdad International Book Fair drew readers from across Iraq eager to connect with the outside world through literature.What Else Is HappeningLegal and military experts are considering whether to seek a ban on killer robots, which are technically called “lethal autonomous weapons systems.”Senator Joe Manchin said he would not support President Biden’s expansive social spending bill, all but dooming the Democrats’ drive to pass it as written.Asian and Black activists in the U.S. are struggling to find common ground over policing and safety.Lawyers for Britney Spears are questioning whether her manager improperly enriched herself during the conservatorship.A Morning Read“I wanted to perform rakugo the exact same way that men do,” Niyo Katsura, right, said after winning a top award.Shiho Fukada for The New York TimesRakugo, one of Japan’s oldest and raunchiest comedic arts, has long been dominated by men. But a woman artist, Niyo Katsura, is now winning acclaim for her uncanny ability to portray a range of drunks and fools — male and female alike.ARTS AND IDEAS Clockwise from top left: Reuters, The New York Times, AFP, The New York Times, AFP, ReutersThe faces of 2021The New York Times Faces Quiz offers a chance to see how well you know some of the defining personalities of 2021. We have chosen 52. When we show you each face, you need to tell us the name. (And yes, we’re lenient on spelling.)Play it here, and see how well you do compared with other Times readers.PLAY, WATCH, EATWhat to CookChristopher Simpson for The New York TimesPernil, a pork shoulder roast from Puerto Rico that is often made for holidays or special occasions, is slow-roasted on high heat to achieve a crisp skin known as chicharrón.What to ReadHere are nine new books to peruse, which include a cultural history of seven immigrant cooks, reflections on suicide and a biography of H.G. Wells.What to WatchAn experimental Canadian drama, an Egyptian weight lifting documentary and a Chilean buddy comedy are three of five international movies available to stream this month.Now Time to PlayHere’s today’s Mini Crossword.And here is today’s Spelling Bee.You can find all our puzzles here.That’s it for today’s briefing. See you next time. — AmeliaP.S. Carlos Tejada, The Times’s deputy Asia editor and a fierce advocate for our journalism, died on Friday of a heart attack. We will miss him.The latest episode of “The Daily” is about the next phase of the pandemic.You can reach Amelia and the team at briefing@nytimes.com. More

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    The Assad Family Has Been Shaping Syria for 50 Years

    It has been over a decade since a civil uprising began in Syria during the height of the Arab Spring. What started in March 2011 soon developed into a civil war between the government of Bashar al-Assad and the Syrian opposition, made up of various factions with different ideologies. Throughout the ongoing conflict, the opposition have been supported by international actors with interests not only in Syria, but in the wider region too.

    Will Saudi-Iran Talks Lead to Anything?

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    After years of conflict that have caused one of the biggest migration crises since World War II, it is clear that the Assad government, with the support of Russia and Iran, will maintain its grip on power. The question now is what a post-war Syria will look like with President Assad and his regime still in office.

    In order to understand what may lie ahead, it is necessary to understand the origins of the Assad family, their Alawite background and their influence on Syrian identity over the past 50 years.

    The Alawite Community

    The two largest sects in Islam are Sunni and Shia. Both sects overlap in most fundamental beliefs and practices, but their main difference centers on the dispute over who should have succeeded the Prophet Muhammad as leader after his death in 632. Today, between 85% to 90% of Muslims are Sunni and around 10% are Shia. Sunnis live in countries like Saudi Arabia, Egypt, Morocco, Indonesia and Pakistan. Shias are largely located in Iran, Iraq, Bahrain and Azerbaijan, with significant minorities in Lebanon, Syria and Yemen.

    Unique Insights from 2,500+ Contributors in 90+ Countries

    Alawites, although not doctrinally Shia, especially venerate Ali ibn Abi Talib, one of the earliest Muslims and the cousin and son-in-law of the prophet. Shias consider Ali to be the first imam and rightful successor to Prophet Muhammad, while Sunnis see him as the fourth rightly-guided caliph who made up the Rashidun Caliphate. Before the French took control of Syria in 1920, members of the Alawite community considered themselves to be Nusayris. The French “imposed the name ‘Alawite,’ meaning the followers of Ali,” to emphasize the sect’s similarities with Shia Islam.

    Syria is ruled by Alawites, but the community itself is a minority making up around 12% to 15% of the pre-war Syrian population. Sunnis account for the majority of the country.

    The Rise of the Alawites

    After Syria attained independence in 1946, the Alawite community began to play an active role in two key areas: political parties and the armed forces. On the one hand, the Baath party, founded in 1947 by Arab politicians and intellectuals to integrate Arab nationalism, socialism, secularism and anti-imperialism, was “more attractive to Alawites than the Muslim Brotherhood, a Sunni religious organization” founded in Egypt with a large base in Syria.

    Furthermore, Alawites and other minorities continued to be overrepresented in the military due to two main factors. First, middle-class Sunni families tended to despise the military as a profession. Alawites, on the other hand, saw the army as an opportunity for a better life. Second, many Alawites, due to their difficult economic situation, could not afford to pay the fee to exempt their children from military service.

    The Alawite presence in the army culminated in a series of coups in the 1960s. Supporters of the rising Baath party were a minority in Syria at the time. As scholar Rahaf Aldoughli explains, the regime embarked on a course of “rigorous state-nationalist indoctrination to consolidate Baathist rule and establish” its popular legitimacy. Among other efforts, “the Baathists sought to manipulate tribal and sectarian identities, seeking patronage by” upgrading the status of previously marginalized groups. This included the Alawite community.

    The last coup d’état in Syria was carried out by General Hafez al-Assad, who had been serving as defense minister and was an Alawite. His actions brought the minority to power in November 1970. Three months later, Assad became the first Alawite president of Syria.

    Embed from Getty Images

    Once in office, “his project centered on homogenizing these diverse [marginalized] Syrians into a single imagined Ba’athist identity.” More broadly, Aldoughli adds, the overall aim of “nationalist construction was to subsume local identities into a broader concept of the ‘Syrian people,’ defined according to the state’s territorial” boundaries.

    The Sectarianism of the Syrian Civil War

    Shortly before the outset of the US-led war on terror, Hafez al-Assad died in 2000. His son, Bashar, took over the reins and continued in his father’s footsteps. This included policies of coopting the religious space and portraying a moderate Islam under the guise of a secular state that sought to curb Islamism and blur religious differences. Despite these efforts, the confessional fragmentation of Syrian society provided a factor of tension and instability for a state that ultimately never succeeded in addressing these differences in the political arena.

    The Arab Spring consequently arrived in Syria at a time marked by a crisis of legitimacy of secular ruling parties such as the Baath. The crisis of governability meant the secular balance imposed by the regime in society began to crack, exposing anger around the Alawite minority’s overrepresentation in the state apparatus and the Sunni majority’s underrepresentation. The result was anti-government protests that began in March 2011.

    Ultimately, the ensuing sectarianism of the Syrian conflict only makes sense if we also incorporate the geopolitical rivalries affecting the region. On the one hand, Lebanon’s Hezbollah and Iran are the Assad government’s main supporters and are interested in propping it up. On the other hand, Sunni actors such as the Islamic State group, the al-Nusra Front and Saudi Arabia want the government to fall.

    That has failed. After 10 years of war, military forces loyal to Bashar al-Assad have retaken the vast majority of Syrian territory with the support of Iran and Hezbollah. As a result, both repression of the Sunni-dominated opposition and the strengthening of the Alawite community in the state apparatus are likely to remain part of a post-war Syria. How the Sunni majority reacts to the fact that Assad and the Alawites remain at the center of Syrian politics is unknown.

    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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    Your Monday Briefing

    #masthead-section-label, #masthead-bar-one { display: none }Aleksei NavalnyNavalny’s Life in OppositionKremlin AnxietyCourt DecisionWhat Will Yulia Navalnaya Do?Putin’s ‘Palace’AdvertisementContinue reading the main storySupported byContinue reading the main storyYour Monday BriefingThe Schengen Area closes up.Feb. 21, 2021, 10:13 p.m. ETGood morning.We’re covering travel restrictions within the E.U., the worst day of violence in Myanmar since the coup and the coming U.S. milestone of 500,000 deaths from Covid-19.[embedded content]A police officer addressing a driver at a checkpoint at the German-Czech border near Bad Gottleuba, Germany. Credit…Filip Singer/EPA, via ShutterstockA fresh blow to Europe’s open bordersAs new variants of the coronavirus are spreading rapidly, European countries such as Germany and Belgium have introduced new border restrictions, flying in the face of the free movement that has long been seen as a fundamental pillar of the European Union.The European Commission, the E.U. executive, has tried to pull countries back from limiting free movement since March, on the grounds that it had disrupted the bloc’s single market. The result has been an ever-shifting patchwork of border rules that has sown chaos and not always successfully limited the virus’s spread.But many countries cannot seem to resist taking back control of their borders. A suggestion by the commission that new restrictions be reversed induced a swift pushback from Germany, even as the new rules triggered supply chain disruptions and long lines of commuters from Austria and the Czech Republic.Background: Countries within the Schengen Area have the explicit right to reintroduce checks at their borders, but they need to clear a few legal hurdles to do so, and they are not meant to retain them over the long term.Here are the latest updates and maps of the pandemic.In other developments:As the American death toll nears 500,000, more Americans have now died of Covid-19 than on the battlefields of World War I, World War II and the Vietnam War combined. No other country has counted as many deaths in the pandemic.To secure the release of an Israeli civilian held in Syria, Israel secretly — and contentiously — agreed to finance a supply of Russian-made Covid-19 vaccines for Damascus.Australia began vaccinating its population against the coronavirus on Sunday, with Prime Minister Scott Morrison and 19 others getting their shots. The first to be vaccinated was an 84-year-old woman who lives in a nursing home.Dozens of protesters were injured in Mandalay, Myanmar, on Saturday.Credit…Aso/Associated PressMyanmar security forces open fire on protestersWitnesses said two people were killed and dozens wounded when security forces on Saturday opened fire on protesters in the city of Mandalay, Myanmar. It was the bloodiest day of protests so far against the military’s Feb. 1 coup.The shootings occurred as the authorities were trying to force workers back to their jobs at a local shipyard. The work stoppage there in protest of the ouster of Daw Aung San Suu Kyi, Myanmar’s civilian leader, has paralyzed river transport on the Irrawaddy, the country’s most important commercial waterway, according to Radio Free Asia.Details: The authorities used water cannons, rubber bullets, tear gas, slingshots and live ammunition to break up the crowd. At least 40 people were wounded, according to medics.Mansour Abbas, center, an Islamist leader hoping to join the next Israeli government, campaigning in Daburiyya, an Arab village in northern Israel.Credit…Dan Balilty for The New York TimesIn the Israeli election, an opportunity for ArabsAccelerated by Israel’s election campaign, two trends are converging: On the one hand, Arab politicians and voters increasingly believe that to improve the lives of Arabs in Israel, they need to seek power within the system instead of exerting pressure from the outside.Separately, mainstream Israeli parties are realizing they need to attract Arab voters to win a very close election — and some are willing to work with Arab parties as potential coalition partners.Both trends are born more of political pragmatism than dogma. But while the moment has the potential to give Arab voters real power, it could backfire and split the Arab vote, ultimately lowering the numbers of Arab lawmakers in the next Parliament.Context: Arab politicians and voters have not shed all their discomfort with Zionism and Israeli policies in the occupied territories. But there is a growing realization that problems the Arab community in Israel faces — gang violence, poverty and discrimination in access to housing and land — will not be solved without Arab politicians shaping policy at the highest level.If you have 7 minutes, this is worth itLibraries to honor women lost to violenceCredit…Kiana Hayeri for The New York TimesNajiba Hussaini, who died in a Taliban suicide bombing in Kabul in 2017, was a determined, highly accomplished scholar, who landed a prestigious job in Afghanistan’s Ministry of Mines and Petroleum.Today, her memory lives on at the Najiba Hussaini Memorial Library, in the Afghan city of Nili, as a symbol of the progress made toward gender equality and access to education in Afghanistan. As of 2018, as many as 3.5 million girls were enrolled in school in the nation and one-third of its teachers were women.But amid negotiations between the Afghan government and the Taliban, many worry that a peace deal could mean that the progress Afghan women have made over the past two decades will be lost.Here’s what else is happeningAleksei Navalny: A Russian court has cleared the way for the possible transfer of the opposition leader to a penal colony, the latest step by the authorities to silence the country’s most vocal critic of President Vladimir Putin.Libya weapons: Erik Prince, the former head of the security firm Blackwater Worldwide and a supporter of former President Donald Trump, violated a United Nations arms embargo on Libya by sending weapons to a militia commander who was trying to overthrow the government in Tripoli, according to U.N. investigators. He has denied any wrongdoing.Venezuela: Millions of women in the troubled South American country are no longer able to find or afford birth control. The situation has pushed many into unplanned pregnancies or illegal abortions at a time when they can barely feed the children they have.ISIS: Frenchwomen who joined the Islamic State and are now held in squalid detention camps in Syria have gone on a hunger strike to protest France’s refusal to bring them back.Credit…Alana Holmberg for The New York TimesSnapshot: Above, Novak Djokovic won his third straight Australian Open title. His victory over the fourth-ranked Daniil Medvedev gave him his 18th career Grand Slam title. Naomi Osaka beat Jennifer Brady for her fourth Grand Slam title.Cephalopod sensing: An octopus’s arms can sense and respond to light — even when the octopus cannot see it with the eyes on its head, according to a study published this month in The Journal of Experimental Biology.Bollywood: Increasingly, new Hindi productions are showing mothers, and women over all, as full and complex human beings — not melodramatic side characters, but outspoken, independent leads who are in charge of their own fates.What we’re reading: The U.S. may experience a wonderful summer this year — even if the pandemic is not yet behind us, writes the health journalist James Hamblin in this long read from The Atlantic.Now, a break from the newsCredit…Con Poulos for The New York Times. Food Stylist: Jerrie-Joy Redman-Lloyd.Cook: This shrimp étouffée draws inspiration from Cajun and Creole cuisines.Listen: Radio drama, especially from its golden age in the 1930s through the ’50s, is now freely available, thanks to the internet. Here are six shows to enjoy.Do: Many mothers have felt obliged to put themselves last during the pandemic. But making time for self-care may give you what you need to keep on going.Restore your sense of self. At Home has our full collection of ideas on what to read, cook, watch, and do while staying safe at home. And now for the Back Story on …Taking stock of 500,000 deathsA graphic on Sunday’s front page of The New York Times depicts the totality of Covid’s devastation in the United States. From afar, the graphic looks like a blur of gray, but up close it shows something much darker: close to 500,000 individual dots, each representing a single life lost to the coronavirus.Credit…The New York TimesThis is not the first time The Times’s designers have used the front page to represent the scale of the pandemic’s toll. When Covid-19 deaths in the United States reached 100,000 last May, the page was filled with names of those lost — nearly a thousand of them, just 1 percent of the country’s deaths then.And as that number approached 200,000, the lead photograph on the page showed the yard of an artist in Texas who had filled his lawn with a small flag for every life lost to the virus in his state.But this is the first time the front page has depicted all the U.S. fatalities. “I think part of this technique, which is good, is that it overwhelms you — because it should,” said Lazaro Gamio, a graphics editor at The Times.That’s it for this briefing. See you on Tuesday.— NatashaThank youTo Theodore Kim and Jahaan Singh for the break from the news. You can reach the team at briefing@nytimes.com.P.S.• We’re listening to “The Daily.” Our latest episode is on children and Covid.• Here’s our Mini Crossword, and a clue: What light travels in (five letters). You can find all our puzzles here.• Claire Cain Miller, a reporter who worked on our series on working mothers, “The Primal Scream,” spoke to NPR about the toll of the pandemic on women.AdvertisementContinue reading the main story More