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Americans fear punishment for Afghan war crimes

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Lo and behold! Looks like the “great and terrible” United States can be scared to the point of hysteria. Another myth about American omnipotence is being debunked before our very eyes now that the big shots in Washington are dreading the prospect of being held accountable for the crimes their soldiers have committed in Afghanistan.

Well, it’s been a long time since the Yankees have last been scared of anyone anywhere, save, perhaps, for Soviet missiles. Still, the challenge they now have thrown out to the International Criminal Court (ICC) has laid bare their cowardice for the whole world to see. And all this under the guise of threats and warlike rhetoric, of course.

Washington saw red when, in November 2016, Foreign Policy journal wrote that “the prosecutor’s office of the International Criminal Court (ICC) is ready to initiate a full investigation of a range of possible war crimes and crimes against humanity in Afghanistan, including some by US personnel.” Washington was incensed even more after the very same publication wrote that “the chief prosecutor, Fatou Bensouda, will seek to initiate an investigation,” and that “the prosecutor’s office repeatedly called attention to alleged abuses of detainees by US personnel between 2003 and 2005 that it believes have not been adequately addressed by the United States.”

The ICC report noted that “crimes were allegedly committed with particular cruelty and in a manner that debased the basic human dignity of the victims.” 

Shortly afterwards, US officials visited The Hague where the ICC was meeting to discuss the potential investigation and to express concerns about its scope in what was seen as their first attempt to intimidate the court.

A report by the UN mission in Afghanistan added fuel to the flames of the ICC probe. According to the report, in 2016 alone, 11,418 civilians died there at the hands of all the warring sides, including the Taliban (banned in Russia). Still, the main culprits are US invaders and their NATO allies.

Despite the mounting pressure, the ICC prosecutor Fatou Bensouda of Gambia persisted with the investigation. Washington then ramped up the pressure by simply revoking her entry visa to the United States. Simple as that.

Bensouda’s office said she had an “independent and impartial mandate” under the Rome statute governing the ICC, and described Washington’s move as an attempted attack on the ICC by the US Administration bringing a sigh of relief from “law-abiding” Americans. And no one in the “free and independent” US media raised his voice against this arbitrary practice.

Such voices of disagreement came from the European Union and the United Nations though, with the UN Secretary General’s official spokesperson Stephane Dujarric expressing the hope that “the United States government will continue to comply with its obligations… and that the prosecutor, when she needs to come to the United Nations, will be afforded a visa for work done at the United Nations,” where Fatou Bensouda was to present a report to the Security Council on the progress of ongoing investigations into the events in Libya.

EU foreign policy chief Federica Mogherini likewise backed the ICC: “We will continue to fully and strongly support the ICC and its work,” she said.

It has also been said that Washington’s disregard for the ICC, which comprises 123 countries (excluding Russia and the US), is fraught with an international scandal. However, President Trump will hardly bother to worry about trifles like this. Responding to the start of the investigation into the crimes committed by the Americans in Afghanistan, the US State Department vowed to revoke or deny visas to ICC staff “seeking to investigate alleged war crimes and other abuses committed by US forces in Afghanistan or elsewhere.” 

Secretary of State Mike Pompeo threatened “to take additional steps, including economic sanctions, if the ICC does not change its course.”

Washington reserves the same treatment also for the ICC staff investigating alleged crimes by the Israelis in the West Bank and Gaza Strip, and President Trump has confirmed this. Paraphrasing George Orwell, all people are equal before the ICC, but some people are more equal than others.

However, here the Americans’ strength turns into weakness and uncertainty. President Trump’s national security adviser John Bolton threatened prosecutions and financial sanctions against ICC staff, as well as against countries and companies assisting in ICC investigations of US nationals. If this is not a sign of panic, then what is?

However, the mere fact that an official investigation has been launched against the United States is unprecedented in modern-day politics. When even a Gambian national can see that a global superpower is losing strength and is vulnerable, one can only imagine what will happen if everyone else in the world realizes this too.

Fully aware of this prospect, the Americans have applied all levers of political and economic pressure available to them and showed everyone that they are still a power to be reckoned with. On April 12, the ICC  unanimously (sic!) rejected prosecutor Fatou Bensouda’s request to investigate criminal offenses allegedly committed by NATO coalition forces against civilians in Afghanistan on the very dubious grounds that such an investigation at the present time “would not serve the interests of justice.”

The ruling states that the prosecutor’s request “establishes a reasonable basis to consider that crimes within the ICC jurisdiction have been committed in Afghanistan and that potential cases would be admissible before the Court.” However, the Chamber noted “the time elapsed since the opening of the preliminary examination in 2006 and the political changing scene in Afghanistan since then, the lack of cooperation that the Prosecutor has received and which is likely to go scarcer should an investigation be authorized hampering the chances of successful investigation and prosecution, as well as the need for the Court to use its resources prioritizing activities that would have better chances to succeed.”

US Secretary of State Mike Pompeo is happy: “I am very pleased that the ICC made this decision today. It is the right one. When Americans misbehave, whether it’s our military, intelligence officers, we have a robust democratic process that holds them accountable. You’ve seen us do that for those that misbehaved. There is in no way or any need for the ICC to intervene,” he said.

This is a striking example of national legislation taking precedence over international law – especially in critical situations.

President Trump was equally pleased hailing the ICC’s refusal to consider the actions of the US military in Afghanistan as “a major international victory not only for these patriots, but for the rule of law (?)”. He reiterated US reservations about the Hague-based ICC, saying that its “broad, unaccountable prosecutorial powers” present a threat to US sovereignty. Which means that Yankees are immune from prosecution – something we should all keep very much in mind.

The whole situation turned out to be pretty ambiguous: the Americans got scared, but the ICC ended up bending under Washington’s pressure. It still looks like the days of America’s complete domination are over, just as the current scandal proved beyond any reasonable doubt.

First published in our partner International Affairs

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Americas

A self-inflicted wound: Trump surrenders the West’s moral high ground

Dr. James M. Dorsey

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For the better part of a century, the United States could claim the moral high ground despite allegations of hypocrisy because its policies continuously contradicted its proclaimed propagation of democracy and human rights. Under President Donald J. Trump, the US has lost that moral high ground.

This week’s US sanctioning of 28 Chinese government entities and companies for their involvement in China’s brutal clampdown on Turkic Muslims in its troubled north-western province of Xinjiang, the first such measure by any country since the crackdown began, is a case in point.

So is the imposition of visa restrictions on Chinese officials suspected of being involved in the detention and human rights abuses of millions of Uyghurs and other Turkic Muslims.

The irony is that the Trump administration has for the first time elevated human rights to a US foreign policy goal in export control policy despite its overall lack of concern for such rights.

The sanctions should put the Muslim world, always the first to ring the alarm bell when Muslims rights are trampled upon, on the spot.

It probably won’t even though Muslim nations are out on a limb, having remained conspicuously silent in a bid not to damage relations with China, and in some cases even having endorsed the Chinese campaign, the most frontal assault on Islam in recent history.

This week’s seeming endorsement by Mr. Trump of Turkey’s military offensive against Syrian Kurds, who backed by the United States, fought the Islamic State and were guarding its captured fighters and their families drove the final nail into the coffin of US moral claims.

The endorsement came on the back of Mr. Trump’s transactional approach towards foreign policy and relations with America’s allies, his hesitancy to respond robustly to last month’s missile and drone attacks on Saudi oil facilities, his refusal to ensure Saudi transparency on the killing a year ago of journalist Jamal Khashoggi and his perceived empathy for illiberals and authoritarians symbolized by his reference to Egyptian field marshal-turned-president Abdel Fattah al-Sisi as “my favourite dictator.”

Rejecting Saudi and Egyptian criticism of his intervention in Syria, Turkish president Recep Tayyip Erdogan gave the United States and Mr. Trump a blunt preview of what they can expect next time they come calling, whether it is for support of their holding China to account for its actions in Xinjiang, issues of religious freedom that are dear to the Trump administration’s heart, or specific infractions on human rights that the US opportunistically wishes to emphasize.

“Let me start with Saudi Arabia,” Mr. Erdogan said in blistering remarks to members of his Justice and Development Party (AKP). “Look in the mirror first. Who brought Yemen to this state? Did tens of thousands of people not die in Yemen?” he asked, referring to the kingdom’s disastrous military intervention in Yemen’s ruinous civil war.

Addressing Mr. Al-Sisi, Mr. Erdogan charged: “Egypt, you can’t talk at all. You are a country with a democracy killer.” The Turkish leader asserted that Mr. Al-Sisi had “held a meeting with some others and condemned the (Turkish) operation – so what if you do?”

The fact that the United States is likely to encounter similar responses, even if they are less belligerent in tone, as well as the fact that Mr. Trump’s sanctioning of Chinese entities is unlikely to shame the Muslim world into action, signals a far more fundamental paradigm shift:  the loss of the US and Western moral high ground that gave them an undisputed advantage in the battle of ideas, a key battleground in the struggle to shape a new world order.

China, Russia, Middle Eastern autocrats and other authoritarians and illiberals have no credible response to notions of personal and political freedom, human rights and the rule of law.

As a result, they countered the ideational appeal of greater freedoms by going through the motions. They often maintained or erected democratic facades and payed lip service to democratic concepts while cloaking their repression in terms employed by the West like the fight against terrorism.

By surrendering the West’s ideological edge, Mr. Trump reduced the shaping of the new world order to a competition in which the power with the deeper pockets had the upper hand.

Former US national security advisor John Bolton admitted as much when he identified in late 2018 Africa as a new battleground and unveiled a new strategy focused on commercial ties, counterterrorism, and better-targeted U.S. foreign aid.

Said international affairs scholar Keren Yarhi-Milo: “The United States has already paid a significant price for Trump’s behaviour: the president is no longer considered the ultimate voice on foreign policy. Foreign leaders are turning elsewhere to gauge American intentions… With Trump’s reputation compromised, the price tag on U.S. deterrence, coercion, and reassurance has risen, along with the probability of miscalculation and inadvertent escalation.”

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Trump’s effects on diplomacy

Irfan Khan

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No longer has Trump’s haphazard behaviour persisted, more will be easy for his administration to enact actions against China, Iran and Taliban. The state department is in a quandary because of it, on each front. Trump’s entrenched eagerness to remain “great” and “first” on the chessboard of International power, could damage the world more ahead than before.

Following the Iran’s attacks on the Kingdom of Saudi-Arabia’s oil infrastructure, US wanted to deploy troops to the Kingdom. It is primarily a justification for why the US has been imposing sanctions over Iran. Is troops deployment a solution? Or will it provide safe horizon to Kingdom oil’s installation? Or will it be revolutionary in oil diplomacy? Or is it the only target retaliated on, by Iran. However, such kind of engagement has short term beneficiary spots, while in broader perspective it has consequential effects for all stakeholders. The episode of nuclear deal has, as a factor of quid-pro-quo, been further dramatised by the state department, withdrawing from. Notwithstanding, the deal has advantageous prospects for the Middle East, and an exemplary for rest of nations, has been further dramatised by the US, in order to seek its diplomatic wins. What significant at this point, is an agreement to reback to the deal.

Embracing a different economic model, China, is plausibly on a runner-up position to the US. Whether it’s 5G tech. Or leading status of green energy, or ultra-scales exports or its leading developments for the nations having indigent economies, is a source of chaos for US administration. The current trade war is an antidoting tool for the whole scenario. The US should, I assume, eye China’s hegemony a piece of cake, and welcome its come out while securing its interests under the umbrella of cooperation. This logic, while posing no threat, seems to be long term functional. Is it?

Trump, according to many native writers, is psychologically unfit, unstable and fickle, however have had strong narrative to prevent America’s engagement into “useless wars” and end “endless” wars. Following this token, Trump announcement of troop withdrawal from Syria and Afghanistan put the world politics and even his administration into chaos. This divided strategists and Washington security officials, which was underpinned by the resignation of James Mattis and recently John Bolton. The ten months of peace process which followed the US’s announcement of troop withdrawal, precipitously ended, putting once again the international and national politics into chaos. Trump, grandiloquently fired a tweet that talks with Taliban are dead and futile. The argument he contended was the Attack in Kabil, where one American soldier with 12 other people were lost. The policymakers and high officials in Washington who already negated the policy of troop withdrawal and then after peace deal. They, of course are winner in this policy discourse, have staunch beliefs in their opinion, who may make Trump’s change of heart. The Kabil attack was given, probably, an agent of resurgent for Obama’s approach. However, Trump’s administration had already scripted their policy framework for the region, and pretending Kabul attack was perhaps a way of redemption from the peace talk.

Trump’s factor in US foreign policy was chaotic to his subordinates for which, he attempted to compensate by cancelling peace deal with Taliban. However , on the domestic front, it is likely to be more pluses than on diplomatic front given to Trump in next year’s presidential election. Let’s see which side the wind blow. 

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Trump Cannot Be Impeached Over Ukrainegate, But Pelosi and Schiff Can Be Charged Criminally

Rahul D. Manchanda, Esq.

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Pursuant to United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936), the U.S. Supreme Court issued an unmistakable clear edict concerning the foreign affairs powers of the President of the United States.

In its majority opinion, the Court held that the President, as the nation’s “sole organ” in international relations, is innately vested with significant powers over foreign affairs, far exceeding the powers permitted in domestic matters or accorded to the U.S. Congress.

The Court reasoned that these powers are implicit in the President’s constitutional role as commander-in-chief and head of the executive branch.

Curtiss-Wright was the first decision to establish that the President’s plenary power was independent of Congressional permission, and consequently it is credited with providing the legal precedent for further expansions of executive power in the foreign sphere.

In a 7–1 decision authored by Justice George Sutherland, the Supreme Court ruled that the U.S. government, through the President, is categorically allowed great foreign affairs powers independent of the U.S. Constitution, by declaring that “the powers of the federal government in respect of foreign or external affairs and those in respect of domestic or internal affairs are different, both in respect of their origin and their nature…the broad statement that the federal government can exercise no powers except those specifically enumerated in the Constitution, and such implied powers as are necessary and proper to carry into effect the enumerated powers, is categorically true only in respect of our internal affairs.”

While the Constitution does not explicitly state that all ability to conduct foreign policy is vested in the President, the Court concluded that such power is nonetheless given implicitly, since the executive of a sovereign nation is, by its very nature, empowered to conduct foreign affairs.

The Court found “sufficient warrant for the broad discretion vested in the President to determine whether the enforcement of the statute will have a beneficial effect upon the reestablishment of peace in the affected countries.”

In other words, the President was better suited for determining which actions and policies best serve the nation’s interests abroad.

Period.

It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations – a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution.

Separation of Powers Doctrine

In other words, neither the U.S. Congress nor the U.S. Senate can say or do very much of anything to prevent or interfere with this power, and if they do, they can in fact be held responsible for violating the Separation of Powers doctrine pursuant to the U.S. Constitution wherein the three branches of government (executive, legislative, and judicial) are kept separate.

This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.

Each branch has separate powers, and generally each branch is not allowed to exercise the powers of the other branches.

The Legislative Branch exercises congressional power, the Executive Branch exercises executive power, and the Judicial Branch exercises judicial review.

National Security and Foreign Affairs

The Curtiss-Wright case established the broader principle of executive Presidential supremacy in national security and foreign affairs, one of the reasons advanced in the 1950s for the near success of the attempt to add the Bricker Amendment to the U.S. Constitution, which would have placed a “check” on said Presidential power by Congress, but that never passed, or became law.

If Speaker of the House Nancy Pelosi and other Democrats really wanted to interfere with or prevent President Donald Trump from engaging in the activity that they are trying to prevent vis-a-vis Ukraine, China, and Joseph Biden’s alleged corruption and its effect on National Security, they would have to first draft, propose, enact, and pass sweeping legislation, and this could take years and would most probably never pass.

Even so, it could not affect President Donald Trump’s actions already occurred, since the U.S. Constitution prohibits ex post facto criminal laws.

Turning This All Against Nancy Pelosi and Adam Schiff

To that end if Speaker of the House Nancy Pelosi and Congressman Adam Schiff persist in pushing said “impeachment proceedings” against President Donald Trump, it is actually they who could find themselves on the wrong side of the law, with formal and actual charges of Treason, Sedition or Coup D’ Etat being levied upon them by the U.S. Government.

The consequences of that occurring, are truly horrific indeed.

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