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Kulbhushan Jadhav’s Death Sentence: Reasons and Implications

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[yt_dropcap type=”square” font=”” size=”14″ color=”#000″ background=”#fff” ] P [/yt_dropcap]akistan’s military has sentenced an Indian Naval officer to death on charges of espionage and sabotage. In a statement, the army said Kulbhushan Jadhav, who was arrested in March 2016, was an Indian intelligence official who aided and financed “terrorist” activities in the southwestern Balochistan province and the southern port city of Karachi.

“Today, the Army Chief of Pakistan, General Qamar Javed Bajwa has confirmed his death sentence,” a military statement said on Monday, 10th April 2017, without stating when the execution would take place. Pakistan’s Army has also released a video shortly after his arrest in which he confessed to have spent years sowing unrest in Pakistan and being tasked by India’s intelligence service with planning, coordinating and organizing espionage and sabotage activities in Balochistan in an aim to destabilize and wage war against Pakistan. On the contrary, India has labeled the Pakistan’s decision to hand death sentence to alleged spy as ‘premeditated murder’. While the two governments have been trading barbs over the issue since Monday, it is important to analyze the reasons and the implications of the death sentence handed out by the Islamabad to alleged Indian spy.

Reasons

First, it is important to note that Jhadav has been convicted by a military tribunal. The military courts that operate under the Judge Advocate General (JAG) Branch of the Pakistan Army were established soon after the December 2014 massacre of more than 150 people, most of them schoolchildren, at an army-run school in the northwestern city of Peshawar. In January 2015, Pakistan’s President Mamnoon Husain signed the 21st Constitutional Amendment Bill 2015 and the Pakistan Army Act 1952 (Amendment) Bill 2015 into law to make the military courts function till January 2017. The purpose of these military courts is to conduct speedy trials of the 34000 terrorists “who claim, or are known, to belong to any terrorist group or organization misusing the name of religion or a sect”. In March 2017, the lower house of Parliament of Pakistan voted to renew the mandate for military courts to try civilian “terrorism” suspects for a further two years. Since the renewals of the mandate, the death sentence of Jhadav has been considered as the most controversial decision by the Pakistan’s military courts.

While the speedy trials of terrorists through military courts in Pakistan have been considered pivotal for culminating terrorist activities, the role of new Army Chief Qamar Javed Bajwa has been considered equally crucial in this. Bajwa, who was appointed as Chief of Army Staff in November 2016, is considered to be stringent towards terrorists and seems to believe in the concept of the “purge” of terrorists and militants. The latest examples of these are, the killing of ten terrorists including the Lahore’s Mall road blast main facilitator Anwarul Haq in an encounter with Counter Terrorism Department (CTD) personnel in Manawan earlier this month. What interesting to note is that Haq had been under CTD custody since February and was being taken to the suburban area of Lahore for recovery of explosives when nine of his accomplices ambushed the CTD team. There might be a chance that this whole incident is an apocryphal act set up to kill Haq in order to avoid the lengthy trial procedure to convict him as a terrorist. Another incident from the first week of April that is worth noting is the killing of most wanted terrorists in another encounter with CTD at Sukkur. These terrorists are said to be the members of Naeem Bukhari faction of Lashkar-e-Jhangvi and was involved in several militant attacks including the ones on Karachi airport, Mehran Base attack and the killing of SP Chaudhary Aslam.  Again the on-spot killing of these terrorists rather than the conviction through the trial process has been indicating the new mindset of the Pakistani Army.

Not only this, the concept of the operation “Radd ul Fassad”, initiated by General Bajwa to extricate the terrorism from not only North Waziristan but also from Punjab and Sindh etc. reflects the very thinking of the belief in speedy trials and purge concept by the current Pakistan Army’s officials. So, the current decision of the military courts to execute the alleged Indian spy has also been a representative of the same mindset of the current top army administration of Pakistan.

However, this is not the first time in the history of Pakistan, that an Indian national has been alleged as a spy and is sentenced to death. Sarabjit Singh (alleged to be Manjit Singh by Pakistan) was an Indian national convicted by the Supreme Court of Pakistan for a series of bomb attacks in Lahore and Faisalabad that killed 14 bystanders in 1990. After the trial in the Lahore High Court (later directed to the Supreme Court), he was condemned and sentenced to death in 1991, but the sentence was repeatedly postponed by the Government of Pakistan. Therefore, General Bajwa might want to be sure that their criminal gets the penalty this time.

The protagonists of the Jhadav’s death sentence in Pakistan, links it to the Ajmal’s Kasab’s death sentence, explicating and endorsing the same fate of a traitor no matter in which country he/she transgresses. It might be the case that this bold step has been taken to retribute the killing of an alleged spy with the same act. However, an important thing to notice is that despite the striking similarity between both the cases, there are two very substantial differences that disparate both the cases; first, India has accepted that Jhadav is an Indian national, whereas, Pakistan never accepted Kasab to be it’s national and didn’t respond to Indian decision of hanging Kasab even after his execution, positing its non-affiliation with Kasab, and nonchalance to his execution. Second, it has been repeatedly stated in Indian newspapers these days, that despite the vastitude of hatred towards Kasab in India, Indian courts gave a fair and lengthy trial to him while Jhadav is not even given consular access to communicate the allegations convicted against him by the Pakistani authorities.

Another important reason for the death sentence has been Pakistan’s efforts to adumbrate the presence and involvement of Indian intelligence agency, Research and Analysis Wing (RAW) in the restive and underprivileged province of Balochistan and to militarize the Baloch rebels in a bid to destabilize the key province of the China-Pakistan Economic Corridor. But Pakistan knows that it’s protests on different international platforms about Indian interventions in Balochistan have always been shrouded with Indian cutting retorts of Pakistan’s role to militarize the Kashmiri people in Kashmir against India. So, chances are that with Jhadav’s death sentence, Pakistan has not only claimed to register the presence of malignant foreign interventions in Balochistan but has also given a strong signal that such activities will not be tolerated by the country. Now, with the conviction of death sentence of Jhadav, India has not only to save its citizen from death penalty but also has to its image of not being the meddlesome actor in Balochistan.

Implications

Since the announcement of the death sentence of Jhadav, the newspapers in India and Pakistan have been brimming with the headlines of the implications of the death sentence in enfeebling the India-Pakistan subtle relations. While there is no Foreign Relations Minister of Pakistan to comment on the matter, Sartaj Aziz, the de facto Minister of Foreign Affairs has said that this incident will have precarious consequences for the India-Pakistan bilateral relations. The two-days late response on the hot issue by the Government of Pakistan in the form of State Minister of Information, Maryam Aurangzeb’s Press Conference highlights the shirk of responsibilities by the government. While Miss Aurangzeb endorsed the court’s conviction of death sentence, she failed to give an unequivocal answer to the question of the role of this conviction in minatory endings to the bilateral relations. India’s refusal to repatriate a dozen of Pakistani prisoners following this conviction is the first inclination that the hope of improved relations between both the countries is wilting away.

Various Foreign Policy experts like Lalit Mansingh and Shashi Tharoor considers that this decision by the Pakistan’s army is to insinuate India that it is in a bellicose mood. These inimical policies might imbue India to take these signals seriously and to prepare for the war. They also believe that by handing down a death sentence to Jadhav, Pakistan’s powerful military has sent a message to the civilian government that it should restrain from forging closer ties with India.

The current torrid situation between both the countries is a serious challenge for Pakistan Prime Minister Nawaz Sharif and his Indian counterpart Narendra Modi who vowed three years ago to bury the hatchet and steer their countries on the path of mutual cooperation and trust. Modi made the first move by inviting Sharif to attend his oath-taking ceremony in New Delhi. Sharif reciprocated Modi’s friendly gesture and went to the Indian capital in May 2014 with a “message of peace.” Experts said it was an unprecedented step by a Pakistani leader to engage with a Hindu nationalist like Modi on such a high-level.

There were high hopes for the improvement of bilateral relations between the nuclear-armed South Asian countries. Like Modi, Sharif, too, had business interests in mind, and he believed that friendly ties with a country set to become an economic giant in the next ten years would also boost Pakistan’s failing economy.

But after Uri-attack and the recent Jadhav’s death sentence, it will be more difficult than ever for Modi and Sharif to defuse tension and engage in peace talks again. But peace activists in both countries say the two premiers need to de-escalate tension and not let the Jadhav sentencing harm ties. If they fail, the hawkish elements in their countries would succeed.

Maria Amjad has graduated from Lahore University of Management Sciences (LUMS), Lahore, Pakistan, with a Political Science degree. Her interests include the history and politics of the South Asian region with a particular interest in India-Pakistan relations. The writer can be reached at mariaamjad309[at]gmail.com

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South Asia

Cease-Fire Review: A ray of hope

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Pre-Negotiations are very much crucial to achieve the state of “Negociation Continuelle” (continuous negotiations) the only way due to which conflicting parties go for sustained mode of talks.  On 25th February Director Generals of military operations (DGMO’s) of India and Pakistan contacted with each other to review cease fire agreement, on line of control (LOC), which was held back in 2003.  Both States reaffirmed cease fire agreement and to restart weekly hotline contact at DGMO’s level. The agreement was largely violated by both states for several times and they were accusing each other for violations. But one thing is common that on both sides Kashmiris are suffering, they are raising their children in an environment of fear and severe violence. India and Pakistan are both nuclear capable states of South Asian region and are considered as the custodian of regional peace and stability. And without shadow of a doubt regional peace and security is a collective responsibility of the responsible states. Pakistan and India are the main conflicting parties of South Asian region and Kashmir is the bone of contention between them. Kashmir has been a question of integrity for both States. The Line of control also known as working boundary, divides Indian Kashmir from Pakistani Kashmir. There are several resolutions have been passed by the UN General Assembly to address the Kashmir issue but never implemented. UN wants to solve this issue according to the hopes of Kashmiris. The initiation of bilateral talks in the present outrageous environment is not less than a blessing in disguise and it will be fruitful for all the stakeholders; India, Pakistan and Kashmiris as well. This peaceful move from Pakistan and India is highly appreciated globally because Kashmiri diaspora is present worldwide and they are very much concerned with future of their homeland.

Indian Prime minister Narendra Modi, with his hostile ideology of “Akhand Bharat” assumed office in 2014. His political adventurism based on jingoistic-cum-hawkish policies dragged India State to the verge of staunch illiberalism where identity crisis burst up, which is more lethal than previously existing class crisis. Every community including lower class Hindus, Muslims, Christians, Sikhs etc. all are vulnerable to the identity crisis.  On 30th May 2019, he sworn for his second tenure as prime minister of the world’s so called largest democracy. He came with another adventurous mandate and the first demonstration took place when he suspended special status of Kashmir and abrogated articles 370 and 35A. His ideology is regarded as Nazi-inspired ideology because in contemporary scenario only RSS community and other proponents of Hindutva are only considered as “Real Hindustani”. All minorities are suffering in India because their basic living rights are kept aside. The ongoing farmer’s protests shook the foundations of the state, hundreds of thousands of farmers rushed to the Delhi against the anti-famer laws passed by Indian Parliament.

In India Separatist movements are getting pace; minorities are unsatisfied with governing approach of Bhartiya Janata Party (BJP). Prime Minister Narendra Modi, reuined the secular and democratic face of India. On the other hand, Foreign policy of India is facing severe challenges because PM Narendra Modi’s approach is hostile based on hatred and prejudice. These attributes are fatal for State’s reputation at foreign lands; the recent India-China standoff was just a teaser of BJP’s whole story related to foreign relations. In addition to this, Economic goal of 2025 of India is again became a distant dream just because of belligerent policies of ruling regime.

In contemporary scenario if we look towards India, only Modi-Media nexus will be seen. But in reality the situation is getting worse day by day. The review of cease fire agreement, offered by India, is a positive step towards the regional peace. It is appreciated by both civil and military administrations of both states. When PM Imran Khan assumed office he offered dialogue to his Indian counter-part but Indian Premier refused to go for any sort of talks. India always took a position that to initiate talks first of all, Pakistan has to stop the cross-border terrorism. Both terrorism and talks can never go side by side, this Indian claim is not based on empirical evidences because Pakistan has been facing menace of terrorism  since 2001 and leaving no stone unturned to root out terrorism and safe havens for terrorists.

Currently, India is facing deep internal and external challenges. It is in the interest of India to have peace talks with Pakistan. On the other hand, it is a ripe moment for Pakistan to act decisively because it is the only time when India can review its decision of 5th August 2019.Moreover, it is a ray of hope to establish peace in entire region. This is the time when bi-lateral diplomacy can turn the traditional regional political dynamics. Both states are facing same problems when it comes to poverty, climate change, social security and the list goes on. The realm of these talks should expand and concern parties have to include economic and political regimes in front of each other otherwise momentum of talks will be lost. Regional connectivity is important to have eternal peace, Pakistan and India should review SAARC (South Asian Association for Regional Cooperation) that would provide basis for economic, cultural as well as political connectivity. Major Powers should also play their important role because world cannot afford rivalry between two nuclear states. Now, America is under a democrat President, and they should check every internal and external move of their Strategic and defense ally in Asia-Pacific region. Negotiations between India and Pakistan are in the interest of all other regional and extra-regional actors. Both states should adopt flexible approach while discussing the core issues and should avoid blame game. It will enhance the chances of continuous negotiation which is a pre-requisite for peace and progress.

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What does the Kashmiri want?

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Friday prayers in Srinagar, Jammu and Kashmir. © John Isaac

A group of envoys visited the illegally-occupied Jammu and Kashmir State ostensibly `to take first-hand account of the situation in Jammu and Kashmir and government’s efforts to restore normalcy’ (Hindustan Times February 17, 2021). Srinagar welcomed the envoys with a spontaneous shutdown. Prior to the visit, political leaders and human-rights activists were detained. The envoys did not visit Farooq Abdullah, Mehbooba Mufti or any of the other opposition Kashmiri leaders.

The Hindu dated February 17, 2021 reported ‘The J&K government showcased “deepening democracy” to visiting 24 foreign diplomats, who arrived on a two-day tour of the Union Territory (UT) on Wednesday amid a spontaneous shutdown in Srinagar and alleged detention of recently elected National Conference (NC) district council members in Budgam’.

Post-special-status abolition situation

After abrogation of the special status, India took a number of steps to silence public dissent_diurnal and nocturnal search operations to hound, kidnap or kill the Kashmiri, Internet ex-communication, blatant use of draconian laws against ordinary Kashmiris and their leaders alike. A law was passed to jail parents of stone-pelters., if any. Meanwhile local body elections were held in which the ruling BJP was cut to size. But, India, as reported b y the Hindu also, showcased the elections in international media as a proof of popular participation and contentment of the people with the status quo.

Have the Kashmiri resigned to their fate

The mysterious silence in the Valley during the envoys’ visit speaks volumes on how much the Kashmiri hate India. However, it appears the Kashmiri could have shown their ennui through some mode of peaceful protest.  They could draw lessons from the Occupy the Wall Street or Precariat Movement in the USA.

Occupy has six letters. A group of six persons mostly celebrities in their fields, stand up at some busy street holding letters O,C, C, U, P, and Y. The Kashmiris also could have displayed the letters in word `AZADI’ through a group of five persons.

Apathy

Arnold Toynbee, in his Challenge and Response Theory postulates that if a challenge is too onerous a nation may become apathetic. In similar vein, Ibn-e-Khaldoon suggests that survival of a tribe (nation) depends on cohesion (asabiya, nationalism) of a tribe faced with life-and-death threat around its frontiers.

Amy Chua (Political Tribes: Group Instinct and the Fate of Nations) talks about static or dynamic response of a society as shaped by group instincts of various components of a society.

Applying Amy Chua’s framework to Kashmir situation

Amy Chua challenges the view that the conventional mechanism of demokratia (government by the people) is a panacea for all the problems of a society. Thus the recently-held local level elections or even `state assembly’ elections in occupied Kashmir are no panacea for the Kashmiris’ simmering discontentment, their revulsion to yoke of Indian rule. Chua, in her afore-quoted book analysed situation in Vietnam, Afghanistan, Iraq and Venezuela, besides so-called terror tribes including the Islamic State of Iraq and Syria.

Kashmir in Chua’s framework would suggest it is naïve to believe that Kashmiris are resigned to their fate. By analogy, even a thousand years of exploitation by a microscopic Chinese population did not subdue the Vietnamese hatred of the Chinese. As soon as the Americans left Vietnam, the native Vietnamese prowled upon the rich community of Chinese like a pack of wolves. The Americans plunged into decade long futile war with Vietnam without realizing that the Vietnamese were not Chinese stooges.

The indomitable fighting spirit

Indian forces had been using pellet guns to blind the Kashmir. Now, former chief minister Mehbooba Mufti, they have begun to use even chemical weapons against the Kashmiri.

Let us have a glimpse of the dogra’s reign of terror in Kashmir. To stifle the Kashmiri’s fighting spirit, the dogra punished even Kashmiri children who played with fork-slings (ghulail) and stones (Muhammad Yousaf Saraf, Kashmiris Fight for Freedom, vol. 1, p. 50). Under the dogra rule, the Kashmiri were treated no better than beasts of burden. Instead of donkeys and horses, Kashmiri Muslims were used to transport goods across Gilgit, Leh and Skardu. They carried luggage on their backs across glaciers as high as 17,000 feet. Thousands of them perished along the way each year owing to frost bites, fall from a precipice, and hunger or sickness. The dogra caravans were not humane enough to stop for a while in the snowy passes to look after the injured porters (or ‘human beasts of burden’). Besides performing the forced labour, the Kashmiri had to pay heavy taxes. Whole of their produce was confiscated by the dogra. Little was left for tillers and their children to eat. On every item, the oppressed Kashmiri had to pay multiple taxes. Take shawls. Not only the shawl-makers were taxed, but also the other intermediaries like importers of pashmina (wool) from Ladakh, and storekeepers, whether wholesalers or retailers (ibid. p. 280-81).

The regressive revenue system resulted in a famine during winter of 1877. People began to die of starvation. Instead of releasing grain stocks from the royal go-downs, the maharajah’s constabulary drowned the starved, crying people in the Wullar Lake. Saraf writes: “Whole boat-loads of starving people have been conveyed by the Maharajah’s officials to the Woolar Lake, and there drowned” (ibid. p. 294).

The reign of terror by Indian forces (now estimated at about nine lac regulars and security personnel) who replaced the maharajah’s constabulary on October 27, 1947 is no less gruesome. International human-rights organisations, as well as India’s National Human Rights Commission, have brought into limelight the Kashmiri’s mysterious disappearances, their custodial deaths, and countless rapes of hapless Kashmiri women.

Like the dogra, Indian rulers are mercilessly exploiting Kashmiris’ economic resources. Bulk of locally-generated electricity is being diverted to Indian states. The tourism industry is in shambles. Highly – educated people have no jobs. With no inflow of tourists, the shopkeepers have no business. Unlike the occupied Kashmir, all the socio-economic sectors in Azad Kashmir are progressing by leaps and bounds.

Toynbee’s Challenge and Response Theory suggests that if the challenge is too strong, a nation becomes apathetic. Ibn-e-Khaldoon’s asabiya (spirit of national cohesion) also suggests that a nation’s spirit is likely to be smothered by a challenge which is too heavy. Historical lessons do not apply to the Kashmiri’s struggle. Neither Indians, nor the dogra could gag them. The struggle for freedom has continued unabated.

The lesson from Kashmiris’ struggle for freedom is that repression or palliatives like elections in occupied Kashmir are no good. The Kashmiri wants “freedom”. Their group instinct is `resistance’. But they need to learn from peaceful resistance movements like the Occupy and the Precariat.

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Pakistan Day Celebrations: Civilian Participation

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Pakistan got independence on 14 August 1947 by hectic political struggle from the platform of All India Muslim League (AIML) under the dynamic leadership of Quaid e Azam Muhammad Ali Jinnah. The presidential address at Allahabad on 29 December 1930 of Dr. Muhammad Iqbal, accelerated and gave more clarity to the movement. He presented the idea and concept that Muslims are a separate nation by emphasizing that a nation is distinguished from the other based on religion, customs, and traditions. At the same time, he strongly disagreed with the Western concept of religion as a private affair. Iqbal explained that Islam is a way of life and thus Muslims are a separate nationand accentuated that unless their rights areprotected, it is impossible to establish peace and tranquility in the sub-continent. The determined political struggle of AIML led to March 23, 1940, Lahore Resolution, at its 27th annual session. The Quaid addressed the session on the first day andstressedthat Hindus and Muslims follow two different religions, philosophies, social customs literature and this made them two distinct nations.

The contents of the resolution, according to Story of Pakistan are“No constitutional plan would be workable or acceptable to the Muslims unless geographical contiguous units are demarcated into regions which should be so constituted with such territorial readjustments as may benecessary. That the areas in which the Muslims are numerically in majority as in the North-Western and Eastern zones of India should be grouped to constitute independent states in which the constituent units shall be autonomous and sovereign”. It strongly rejected the concept of United India. The word states wassubstituted to one state by a resolution passed at the 1941 Madras session of the AIML which stated, “everyone should clearly understand that we are striving for one independent and sovereign Muslim State.” Moreover, in all speeches, the Quaid used the word “an independent homeland” or “an independent Muslim state”.Pakistan and India became dominions on 14 and 15 August 1947 respectivelyby the Indian Independence Act, 1947, based on the Mountbatten Plan of 3 Junepassed by the parliament of the UK on 18 July. Keeping in view the atrocities being committed by RSS, a militant wing of BJP in Indian Illegally occupied Kashmir (IIoK), and minorities especially Muslims in all over Indianot being allowed to practice religion freely, havevery sturdily substantiated the decision of AIML to fight for a separate state for Muslims. It elucidates their political acumen and far-sightedness. 

Pakistan remained a dominion for about nine years till thefirst constitution as the Islamic Republic of Pakistan was adopted on 23 March 1956.Thereafter 23 March was celebrated as “Republic Day” (Yome Jamhooria)every year to commemorate the Lahore resolution and adoption of the constitution.   After the imposition of martial law by Ayub Khan in Oct 1958,it is being celebrated as“Pakistan Day”. Probably the plotter of the coup could not celebrate constitutionalism and democracy on March 23 so ‘Republic Day’ was replaced with ‘Pakistan Day.  The main feature is a three-servicesparade in Islamabad followed bythe display of military weapons and equipment. Floats of the provinces also march past. The flypast by Army and Navy combat aircraft displaying their weapons and equipment.The flypast by PAF fighters and aerobatic.

The celebrations are spread over about two and half hours.Pakistan Day has taken the shape of a Defense Day which was not originally intended. Moreover, Army, Navy, and Air Force organize their respective Defense Days on 6,8, and 7 Septemberevery year. The events of the Pakistan Day parade give an impression especially to civilians that military strength is the only most important component of national power. The remaining such as economic capacity, natural resources, industrial capacity, national cohesion, political structure, and leadership, etc. which are also very vital needs to be given projection. Therefore, parade proceedings may be modified to include more participation of civilian-related events. The latest inventory and indigenously developed weapons and equipment may be displayed to reduce timings. The PAF fighters may only carry out professional flypast andaerobatic performance similar to the aerobatic display team, like “Red Arrow “may be excluded. It is pertinent to mention that most of the countries have prohibited aerobatic display in public places to avoid any untoward incident. It is suggested that floats carrying students who have topped in the boards and universitiesand have done distinct research work in the past year may be added. Similarly,floats carrying civilians who have been awarded Pride of Performance and other awards, businessmen who have been bestowed awards, sportsmen who have brought honors for Pakistan may also be included.  Few industrial floats may also be added with indigenously manufactured machinery and other items.Floats carrying agricultural products and livestock may also be considered.Citations are read as the float passes the dais. Moreover, in Islamabad and the provincial capitals industrial exhibitions may be organized which may include indigenously developed machinery and other items.The civilian participation in Pakistan Day celebrations will certainly add colors and act as a source of pride for them as well as for the nation.

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