Yes, Syria’s Assad regime is brutal. But the retaliatory air strikes are illegal and partisan



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Civil war has raged in Syria for seven years.
AAP/ Youssef Badawi

Amy Maguire, University of Newcastle and Jason von Meding, University of Newcastle

The mainstream media have broadly accepted the justifications from the United States, France and Britain of humanitarian motivation for the retaliatory strikes against Bashar al-Assad’s Syrian regime.

Journalist Adam Johnson analysed US mainstream coverage and reported that:

major publications take the bulk of the premises for war for granted — namely the US’s legal and moral right to wage it — and simply parse over the details.

The air strike proceeded without publication of proof that Syria was responsible for the alleged atrocity in Douma. Reports are emerging that cast doubt on the official narrative.

Regardless, swift action was demanded and taken. Inspectors from the Organisation for the Prohibition of Chemical Weapons are only now gaining access “to establish facts around the allegations of chemical weapons use in Douma”.

Strikes illegal under international law

Alongside claims for justification from the Trump administration, similar rhetoric featured in statements from French and British leaders. French President Emmanuel Macron claimed there was no doubt Syria was responsible for a chemical attack on civilians, in gross violation of international law. He said:

We cannot tolerate the trivialisation of chemical weapons, which is an immediate danger for the Syrian people and our collective security.

British Prime Minister Theresa May agreed, saying “we cannot allow the erosion of the international norm that prevents the use of these weapons”. May identified the lack of consensus in the UN Security Council as a driving factor in the joint military action.

Even this week the Russians vetoed a resolution at the UN Security Council which would have established an independent investigation into the Douma attack. So there is no practicable alternative to the use of force to degrade and deter the use of chemical weapons by the Syrian regime.

The United Nations Charter contains a prohibition on the threat or use of force against another state. Exceptions to this rule of international law are tightly constrained:

  • Under Article 51 of the Charter, states retain a right to individual and collective self-defence in the case of an armed attack.

  • Under Chapter VII of the Charter, the Security Council may authorise military force to restore international peace and security, if non-forceful measures have failed.

The British government has published a brief asserting the legality of the air strike on Syria as an exercise of “humanitarian intervention” (effectively invoking the doctrine of the “Responsibility to Protect” or R2P, without explicitly mentioning it).

The argument is that the UK and its allies were entitled to use force against Syria because:

  • there was convincing evidence of large-scale and extreme humanitarian distress;
  • there was no practicable alternative to using force in order to save lives; and
  • the use of force in response was proportionate and time-limited to relieve humanitarian suffering.

Yet the R2P doctrine does not establish a new legal basis for the use of force. It allows for the use of force as “humanitarian intervention” only within the provisions of Chapter VII of the Charter, in the case of grave international crimes.

The Labour opposition in the UK has released its own legal opinion, sharply contradicting the government and asserting that the strikes were illegal.

Illegal but legitimate?

The allies responsible for this week’s air strike have not claimed explicit authorisation under the Charter. Instead, their aim has been to establish the legitimacy of the strike. This approach was endorsed by the European Union and Australian Prime Minister Malcolm Turnbull.

According to President Trump:

The nations of Britain, France, and the United States of America have marshalled their righteous power against barbarism and brutality.

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The Assad regime cannot be absolved of its brutality. Indeed, it is a fundamental objective of the post-second world war international legal order to save humanity from the “scourge of war” and promote human rights.

And there can be little doubt that the international legal system is far from perfect, having failed to protect populations around the world from gross violations of humanitarian and human rights law.

In Syria, hundreds of thousands have been killed over seven years of civil war, and millions are now refugees or internally displaced. The complexity of the conflict has seen monitors cease to estimate a death toll.

However, efforts to establish an alternative foundation for military action, beyond what is currently legal, pose risks that must be grappled with.

If states are permitted to determine when force is warranted, outside the existing legal framework, the legitimacy of that framework may be fatally undermined. How could any consistency of response be ensured? By what standard will states distinguish between benevolent and “rogue” regimes?

Leader of the UK opposition, Jeremy Corbyn, challenged Prime Minister May on these grounds:

Does the humanitarian crisis in Yemen entitle other countries to arrogate to themselves the right to bomb Saudi positions in Yemen, given their use of cluster bombs and white phosphorous?

Jeremy Corbyn | Response to Prime Minister’s Syria Statement.

It is relevant in this context that Saudi Arabia is a highly valued client of the British arms industry. According to War Child UK, total sales to the kingdom have topped £6 billion since the conflict in Yemen began. The UK has refused to support a proposed UN inquiry into allegations of Saudi war crimes in Yemen.

Meanwhile, crimes against humanity and gross human rights violations are alleged against Myanmar, the Philippines and Israel, among other states, without attracting the kind of “humanitarian intervention” undertaken in Syria.

Humanitarian intervention or regime change

Jeremy Corbyn has made the case for diplomacy as the only reasonable way forward. Syria should not be a war theatre in which the agendas of external actors take precedence, he argues.

The US has long envisaged regime change in Syria, and stepped up sponsorship of opposition groups since 2009.




Read more:
How the aid community responds in Syria will dictate its role in future crises


Robert Kennedy Jr. traced the history of US intervention in Syria from the first CIA involvement in 1949. He argues that this is another oil war, and says of broader interventionism in the Middle East:

The only winners have been the military contractors and oil companies that have pocketed historic profits, the intelligence agencies that have grown exponentially in power and influence to the detriment of our freedoms and the jihadists who invariably used our interventions as their most effective recruiting tool.

Central to US strategic thinking is the relationship between Syria and Iran. US Ambassador to the UN, Nikki Haley, seemed to say that a condition for US withdrawal is that Iran cease to function as an ally of Syria.

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The ConversationWith the US gaze so firmly fixed on Iran and Russia, the rationale for “humanitarian intervention” can and should be more firmly critiqued.

Amy Maguire, Senior Lecturer in International Law and Human Rights, University of Newcastle and Jason von Meding, Senior Lecturer in Disaster Risk Reduction, University of Newcastle

This article was originally published on The Conversation. Read the original article.

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NIGERIA: SIX PASTORS KILLED, 40 CHURCHES RAZED IN JOS VIOLENCE


As smoke clears, mayhem ignited by Muslim attacks leaves 25,000 people displaced.

JOS, Nigeria, December 11 (Compass Direct News) – The murderous rioting sparked by Muslim attacks on Christians and their property on Nov. 28-29 left six pastors dead, at least 500 other people killed and 40 churches destroyed, according to church leaders.

More than 25,000 persons have been displaced in the two days of violence, according to the National Emergency Management Agency (NEMA).

What began as outrage over suspected vote fraud in local elections quickly hit the religious fault line that quakes from time to time in this city located between the Islamic north and Christian south, as angry Muslims took aim at Christian sites rather than at political targets. Police and troops reportedly killed about 400 rampaging Muslims in an effort to quell the unrest, and Islamists shot, slashed or stabbed to death most of more than 100 Christians.

Among Christians killed was Joseph Yari of the Evangelical Church of West Africa (ECWA), Angwan Clinic,Tudun-Wada in Jos. On Nov. 28, his wife Mary Yari told Compass, he had returned from his workplace along Ibrahim Taiwo Road saying he was going to a Baptist church that Muslims were setting on fire.

“Shortly after my husband left, I heard anguished cries, only to be told that my husband had been shot dead on the premises of the church,” Yari said.

Her grief notwithstanding, she said she had forgiven the killers, as “they were ignorant of the crime they have committed because they do not know Jesus Christ.”

The Rev. Emmanuel Kyari, pastor of Christ Baptist Church, Tudun-Wada, told Compass that Joseph Yari died helping other Christians who repelled Muslim fanatics bent on burning down his church building.

“Yari was standing beside my wife when he was shot by Muslims,” Rev. Kyari said. “In addition to Yari who was killed, there were also three other Christians who were shot, and two died instantly.”

Among the six slain pastors was the Rev. Ephraim Masok, pastor of the ECWA Church in the Rikkos area of Jos, who had moved his family out of harm’s way and was returning to the church premises when Muslim fanatics attacked and killed him. Rev. Masok was buried on Saturday (Dec. 6).

A Church of Christ in Nigeria (COCIN) leader in the Chawlyap area identified only as Pastor James was killed in the rioting that left Jos skies covered in smoke, as was the Rev. Bulus Tsetu of an Assemblies of God church. Names of the other three slain clergymen from Roman Catholic, Baptist and Deeper Life Bible churches were not readily available, but their deaths were confirmed, according to church leaders.

Rev. Kyari and the Rev. Benjamin Nasara of ECWA Plateau Church provided the casualty figures to Compass.

Among the 40 destroyed churches in Jos, they said, was the ECWA Church, Rikkos; Kaunar Baptist Church, Rikkos; Christ Baptist Church, Tudun-Wada; Nasarawa Baptist Church; Adebayo Street First Baptist Church; Sarkin Mangu COCIN Church; ECWA Church Kunga; Victory Baptist Church, Gofang; Deeper Life Bible Church, Ungwar Rimi; and Emmanuel Baptist Church, also at Ungwar Rimi.

Other Christians killed by Muslims in the rioting, the church leaders said, were Nenfort Danbaba of the ECWA Plateau Church and Oluwaleke Olalekan Akande of the Anglican Church from Ibadan, in southwestern Nigeria, who was on duty with the National Youth Service Program in Jos at the time of the crisis.

At the funeral service of Akande on Tuesday (Dec. 9), the Rev. Joseph Olatunde Alamu of the Cathedral Church of St. David, Kudeti, Ibadan, said young Christian men killed in the violence did not die in vain.

“Like the blood of Abel cried out for justice, they will not die in vain,” he said. “God will revenge.”

Akande’s parents also spoke at his funeral service.

“God knows why it happened that way,” Akande’s father, 84-year-old Pa J.A. Akande, said. “Oluwaleke, you will be remembered always for your love, steadfastness, courage, obedience and other attributes of your life with which you were endowed by your Maker. Sleep well in the bosom of your Maker.”

Akande’s mother, Madam Akande, told those attending the funeral that her 28-year-old son was too young to die.

“Little did I realize that your telephone call to me on Thursday, the 27th of November, 2008 would be our last conversation,” she said. “No leaf can fall from the tree without the authority, power and knowledge of God. And so I believe you shall rest peacefully in the bosom of our Lord Jesus.”

Akande was a graduate of physics/electronics at The Polytechnic, Ibadan, doing his one-year mandatory national service to Plateau State when he was murdered.

Rev. Nasara of ECWA Plateau Church told Compass that church history shows “the blood of the martyrs brings about the birth of the church. We see these ones who have gone ahead of us as the seeds that God is using to make the church in Jos North and Plateau state to germinate.”

 

Pre-Meditated Violence?

Rioting erupted in Jos in the wee hours of Nov. 28 while results of local council elections held the previous day were still being awaited. In the Nov. 27 elections, according to reports, Muslims in Jos North who suspected vote fraud – specifically, the late arrival of election materials to polling sites – raised a lament, and by 1 a.m. on Nov. 28 Muslim youth had begun burning tires, schools and churches.

The killing of non-Muslims followed in the early morning. Muslims began attacking Christians in areas such as Nasarawa Gwong, Congo-Russia, Rikkos, Ali Kazaure, Bauchi Road, Dutse Uku, Ungwar Rimi, and Tudun-Wada. Commands to defy authorities and join the “jihad” blared from a mosque loudspeaker in the Dilimi area, according to advocacy group Christian Solidarity Worldwide, including instructions to ignore a night-time curfew and attack anew.

Authorities’ efforts to halt the rampage, including a Muslim assault on a police barracks, accounted for the estimated 400 corpses reportedly deposited in a key mosque, according to CSW, citing security sources.

Christians tried to defend their lives and properties, and non-Muslim youths reportedly began retaliatory attacks on Muslims, mosques and Muslim houses in the early morning. The Nigerian military arrived before noon to try to rein in the mayhem, which continued into the night.

At the end of two days, hundreds of persons from both sides of the religious divide were killed, with others injured and hospitalized at Jos University Teaching Hospital, ECWA Evangel Hospital, OLA Hospital and Plateau State Specialist Hospital.

More than 25,000 displaced persons have taken refuge at Rukuba Military barracks, NDLEA (Nigerian Drug Law Enforcement Agency) Barracks and Police Headquarters and Barracks, according to NEMA.

Rev. Nasara said the displacement of people who have lost their homes has had a severe affect on Jos churches.

“Right now I have two families and some Christian students from the university here, making up a total of 12 persons, who were displaced, and I have to take them in here in my house,” he said.

The Most Rev. Ignatius Kaigama, Roman Catholic archbishop of Jos Archdiocese and Plateau state chairman of the Christian Association of Nigeria, said in a statement that fanatical Muslims ignited the violence by attacking Christians.

“We were greatly taken aback by the turn of events in Jos – we thought it was a political issue, but from all indications it is not so,” he said. “We were surprised at the way some of our churches and properties were attacked and some of our faithful and clergy killed. The attacks were carefully planned and executed. The questions that bog our minds are: Why were churches and clergy attacked and killed? Why were politicians and political party offices not attacked, if it was a political conflict?”

Businesses and property of innocent civilians were destroyed, he added.

“We strongly feel that it was not political but a pre-meditated act under the guise of elections,” Kaigama said.

Plateau Attorney-General and Commissioner for Justice Edward Pwajok said in a statement on Tuesday (Dec. 9) that 500 persons had been arrested in connection with the violence, and that they will appear for trial at the High Court of Justice and Magistrates Courts.

On Sept. 7, 2001, religious conflict in Jos resulted in more than four years of bloodshed, killing thousands of people and displacing thousands of others. In 2004 an estimated 700 people died in Yelwa, also in Plateau state, during Christian-Muslim clashes.  

Report from Compass Direct News

BANGLADESH: CHRISTIAN CONVERT’S LIFE THREATENED


Muslim family pays price for son’s conversion; father shunned, ordered confined to home.

DHAKA, Bangladesh, October 16 (Compass Direct News) – Muslim clerics and neighbors have ordered the father of a man who converted to Catholicism to remain confined to his house until retaliatory punishment can be exacted from the convert.

“Are you not ashamed that your son became Christian?” the founder of a mosque here asked Ruhul Amin Khandaker, father of a 32-year-old businessman who went to Australia earlier this year to court a Philippine Catholic woman, converting to her faith in April. “Why did you not sacrifice your son like cattle before telling the news to us?”

Khandaker has become a social outcast whose family lives under threat from fellow Muslims, in violation of Bangladesh’s constitution and international human rights safeguards. His son, Rashidul Amin Khandaker, has applied for protection from Australian immigration officials as he believes police in 88 percent-Muslim Bangladesh would do nothing to protect him from Islamists threatening to kill him.

“They will try to kill me anywhere, any time in Bangladesh, and the police and the authority will not protect me,” Rashidul Khandaker wrote in his plea to Australian authorities. “There are records that show a converted person is not protected by the police, authority and society.”

Khandaker’s life would be in danger if he returned to Bangladesh, said his brother-in-law, identified only as Siddik, adding that “we are also surviving in the society at our own peril.”

Rashidul Khandaker’s brother wrote him in May to cease all contact with the family. Rakibul Amin Khandaker stated in the letter that Muslim authorities had threatened to ostracize the family because of his brother’s conversion, and that his life would be in danger if he returned to Bangladesh as Muslim extremists believe they would get to heaven by punishing him.

Muslim leaders in Dhaka have ordered Khandaker’s 65-year-old father to disown his son and exclude him from his wealth and property.

“If he comes to Bangladesh, you must hand him over to us and we will punish him,” the founder of the mosque told the elder Khandaker.

Khandaker, who operates an oil lubricant refining business in the Kutubkhali area under Jatrabari police jurisdiction in central Dhaka, told Compass of the grief he experienced when his son informed the family from Sydney that he had become a Christian.

“My other sons and relatives informed it to the nearby cleric of the mosque so that the cleric could console me,” he said. “Unfortunately the cleric was so furious . . . [He] told me that, ‘You cannot keep any relationship with your son. A man of a noble Muslim family cannot be a Christian, and the society cannot accept it.”

 

Home Ransacked

When Rashidul Khandaker, who worked as director of marketing in his father’s business before going to Australia to pursue a relationship with a woman he met over the Internet, telephoned friends in Dhaka about his conversion, seven or eight of them broke into his house to loot his computer, scanner, printer, documents, sofa and other valuables, his father said.

“They told me, ‘We will return everything when your son comes back. Whenever he will come back, you must hand him over to us – we will take revenge for his activities. Until he comes, don’t mix with the people in the society and stay in your house.’”

The elder Khandaker said his son’s former friends also threatened to harm the family if they informed police about the looting.

“We did not file any case against them. If we file a case, they will do more harm and we can not stay in the society,” Khandaker said.

After receiving the threats from the local residents and Muslim leaders to remain confined to his house in front of his three sons and other relatives, Khandaker’s blood pressure spiked and he suffered a stroke, he said.

“Local doctors did not come to my house to treat me – they are afraid of the society and they also hate us,” he said. “I was taken to the hospital. The doctors did a brain scan and they said there was a hemorrhage on the left side of brain.”

The ostracizing of the elder Khandaker was especially painful during Ramadan, culminating with the festival of Eid al-Fitre on Oct. 2 after a month of day-long fasting and nightly feasting.

“Nobody, including neighbors and relatives, did come to my house, and I could not go to anybody’s house,” Khandaker said. “My relatives did not come lest they be in trouble. I was alone during the festival, and nothing has happened like this in my 65 years of life.”

Yet Khandaker said he does not want to deprive his son of his property and wealth. “If all of my property and wealth is destroyed, I can tolerate that, but one thing I cannot tolerate is to carry the coffin of my son on my shoulders,” Khandaker said.

Any unwillingness of authorities to defend the rights of Rashidul Khandaker or his Muslim family members against the threats against them would violate the freedom of religion asserted in the Constitution of Bangladesh, which states in Article 41.1 in Part 3 that every citizen has the right to profess, practice or propagate any religion.

“My son changed his faith according to his will, and our constitution supports this kind of activity,” the elder Khandaker said. “Why the constitutional rights should not be realized in the society?”

The social pressures also defy international human rights safeguards guaranteeing freedom of religion. Article 18 of the International Covenant on Civil and Political Rights (ICCPR) to which Bangladesh is a party, says that everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

“My son converted to Christianity according to his own will – we did not support it, and we are not converted. Why should we bear the brunt of his faith?” said the elder Khandaker. “I want to get rid of such a claustrophobic, social-outcast life for my son’s conversion to Christianity.”  

Report from Compass Direct News