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US sanctions against international court staff a ‘direct attack’ on judicial independence

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Many schools in Afghanistan have suffered the effects of long-term conflict. ©UNICEF/Marko Kokic

The decision by the United States to authorize sanctions targeting staff at the International Criminal Court (ICC) is “a direct attack to the institution’s judicial independence”, UN human rights experts said on Thursday.

Washington announced this month that it would launch an economic and legal offensive against ICC officials investigating alleged war crimes committed by all sides in the conflict in Afghanistan, including US troops.

“The implementation of such policies by the US has the sole aim of exerting pressure on an institution whose role is to seek justice against crimes of genocide, war crimes, crimes against humanity, and the crime of aggression”, said Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers, speaking on behalf of the 34 experts.

“It’s a further step in pressuring the ICC and coercing its officials in the context of independent and objective investigations and impartial judicial proceedings.”

Afghanistan probe ‘important’

The ICC, which is based in The Hague, in the Netherlands, prosecutes the most serious crimes of concern to the international community, including cases related to conflict in the Central African Republic, Darfur and the Democratic Republic of the Congo.

It was established in July 1998 under a treaty known as the Rome Statute, which more than 120 countries have signed. The US is not a party.

The ICC’s Appeals Chambers authorized the Afghanistan probe in March, overturning an earlier decision.

Speaking at the time, Prosecutor Fatou Bensouda called it “an important day for the cause of justice in the situation of Afghanistan, for the Court, and for international criminal justice more broadly.”

Assets blocked, visas revoked

In response to the court’s decision, US President Donald Trump issued an Executive Order on 11 June, blocking the financial assets of certain ICC staff and imposing visa restrictions on them and their immediate family members.

Speaking at a press conference that day, US Attorney-General William Barr said the measures “are an important first step in holding the ICC accountable for exceeding its mandate and violating the sovereignty of the United States.”

The president of the body which overseesthe  ICC, O-Gon Kwon, has denounced the measures, stating “they undermine our common endeavour to fight impunity and to ensure accountability for mass atrocities.”

‘Broad spectrum’ of rights violated

The UN experts said sanctions targeting international judges and international civil servants violate their privileges and immunities, as well as “a broad spectrum” of rights.

Specifically, the Executive Order “would result in the violation of the prohibition of punishment for acts that did not constitute criminal offences at the moment of their commission, the right to a fair trial, the right to freedom of movement and the right to privacy and family life,” they added.

They also recalled that the US has warned it would “exact consequences” against the ICC for any “illegitimate” investigations into Israeli practices in the occupied Palestinian territory.

The experts, who are neither UN staff nor paid by the Organization, have been in contact with the US authorities on these issues.

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India’s Canadian riddle

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The timing of the Canadian assault on the Indian foreign and security policy establishment over the killing of Hardeep Singh Nijjar is not in doubt, stresses M.K. Bhadrakumar, Indian Ambassador and prominent international observer.

It surged in the aftermath of the G20 summit, which witnessed a crushing diplomatic defeat for the US in front of the world community, where the host country India navigated skilfully to scuttle any negative reference to Russia in the event’s final document.

The Nijjar affair can be metaphorically called the grapes of wrath. The liberal western world so far granted Modi government a free passage through their rules-based order. India could preach, but wasn’t accountable for its own practice. All good things come to an end.

Canada has a record of acting as a surrogate of the US. As regards Nijjar file, a Canadian official familiar with the matter told Associated Press that Prime Minister Justin Trudeau’s allegation against Modi government was based on surveillance of Indian diplomats in Canada, including intelligence provided by a “major ally” who is a member of the infamous Five Eyes, the secretive intelligence network of Anglo-Saxon countries — Australia, Britain, Canada, New Zealand and the US.

Interestingly, Britain scrambled to distance itself from Trudeau’s tirade, while a Canadian source told Reuters that Canberra and Washington collaborated “very closely” to examine evidence indicating potential Indian involvement in Nijjar’s killing.

Trudeau spoke in the Canadian parliament after consultations with President Biden, and the White House reaction on the same day was highly supportive. The White House National Security Council spokesperson Adrienne Watson said, “We are deeply concerned about the allegations referenced by Prime Minister Trudeau. We remain in regular contact with our Canadian partners. It is critical that Canada’s investigation proceed and the perpetrators be brought to justice.”

Watson works under NSA Jake Sullivan who reports directly to Biden. It is unlikely that Sullivan made this a personal issue with the Indian security establishment. Simply put, the buck stops at the Oval Office.

Indeed, after Watson’s initial remark, the White House quickly switched to megaphone diplomacy with its highflying strategic communications chief John Kirby, a retired rear admiral, confirming for record that Biden is “mindful of the serious allegations” by Trudeau “and they are very serious… and we support Canada’s efforts to investigate this. We believe a fully transparent, comprehensive investigation is the right approach so that we can all know exactly what happened, and of course we encourage India to cooperate with that.”

Such gratuitous lecturing is sheer hypocrisy by a country that freely resorts to assassination as a tool in its foreign policy. Who killed Qassem Soleimani?

Alas, in the face of this bullying, Delhi’s reaction has been pusillanimous, to say the least — as if it is stone deaf and couldn’t hear what the White House officials were saying.  

One would like to believe that India, with high values in global governance and deep respect for national sovereignty — apart from being the flag carrier of the concept of ‘Vasudhaiva Kutumbakam’ (‘The World is One Family’) — would never descend to such a heinous level as to practice murder in its statecraft.

The Indian government should strategise through its present predicament. After all, as a key member of the western alliance and a close ally of the US, Canada plays an important role for the US in establishing a so-called rules-based international order and promoting the Indo-Pacific Strategy. And “rules-based order” and Indo-Pacific Strategy are Indian mantras too.

Biden himself may come under cloud very soon and be battling for his political career. Inviting him to be the chief guest at the Republic Day with an additional frill thrown in by way of a QUAD summit to placate him is pointless. Once the Canadian investigation runs its course, Ottawa may put on the public domain further accusations passing for “evidence” — and that could happen at some point closer to our general election. All in all, the big question is, what is it that the US is really upto.

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Assad-Xi Jinping meeting: China-Syria strategic partnership

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Image source: Xinhua

Chinese President Xi Jinping and Syrian President Bashar al-Assad on Friday jointly announced the establishment of a China-Syria strategic partnership, Chinese Xinhua Net informs.

The two presidents met in the eastern Chinese city of Hangzhou, Zhejiang Province, ahead of the opening of the 19th Asian Games.

Syria was one of the first Arab countries that established diplomatic relations with the People’s Republic of China, and was one of the countries that co-sponsored the resolution to restore the lawful seat of the People’s Republic of China in the United Nations, Xi said.

Over the 67 years since the establishment of diplomatic relations between the two countries, the China-Syria relationship has stood the test of changes in the international situation, and their friendship has grown stronger over time, he said.

Xi noted that the establishment of the strategic partnership will be an important milestone in the history of bilateral ties.

China is willing to work with Syria to enrich their relationship and continuously advance the China-Syria strategic partnership, Xi said.

Xi emphasized that China will continue to work with Syria to firmly support each other on issues concerning the two sides’ respective core interests and major concerns, safeguard the common interests of both countries and other developing countries, and uphold international fairness and justice.

China supports Syria in opposing foreign interference, rejecting unilateralism and bullying, and safeguarding national independence, sovereignty and territorial integrity, he said.

China supports Syria in conducting reconstruction, enhancing counter-terrorism capacity building, and promoting a political settlement of the Syrian issue following the “Syrian-led, Syrian-owned” principle, Xi said.

China also supports Syria in improving its relations with other Arab countries and playing a greater role in international and regional affairs, he added.

China is willing to strengthen Belt and Road cooperation with Syria, increase the import of high-quality agricultural products from Syria, and jointly implement the Global Development Initiative, the Global Security Initiative and the Global Civilization Initiative to make active contributions to regional and global peace and development.

Assad said that in international affairs, China has always aligned itself with international fairness and justice, and upheld international law and humanitarianism, playing an important and constructive role.

Syria highly appreciates and firmly supports the Belt and Road Initiative, the Global Development Initiative, the Global Security Initiative and the Global Civilization Initiative, and will actively participate in them, Assad added.

The Syrian side thanks the Chinese government for its invaluable support to the Syrian people, firmly opposes any act of interference in China’s internal affairs, and is willing to be China’s long-term and staunch friend and partner, he said.

Assad said Syria will take the establishment of the Syria-China strategic partnership as an opportunity to strengthen bilateral friendly cooperation and step up their communication and coordination in international and regional affairs.

After the talks, the two heads of state witnessed the signing of bilateral cooperation documents in areas including Belt and Road cooperation, and economic and technological cooperation.

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Seymour Hersh: “Zelensky’s army no longer has any chance of a victory”

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In Kramatorsk, rescues dismantle rubble of a residential building destroyed by Russian missile on February 1, 2023. By Serhii Korovainyi

Next Tuesday will be the anniversary of the Biden administration’s destruction of three of the four pipelines of Nord Stream 1 and 2. There is more I have to say about it, but it will have to wait. Why? Because the war between Russia and Ukraine, with the White House continuing to reject any talk of a ceasefire, is at a turning point, writes Seymour Hersh, a famous American investigative journalist.

There are significant elements in the American intelligence community, relying on field reports and technical intelligence, who believe that the demoralized Ukraine army has given up on the possibility of overcoming the heavily mined three-tier Russian defense lines and taking the war to Crimea and the four oblasts seized and annexed by Russia.

The reality is that Volodymyr Zelensky’s battered army no longer has any chance of a victory.

The war continues, I have been told by an official with access to current intelligence, because Zelensky insists that it must. There is no discussion in his headquarters or in the Biden White House of a ceasefire and no interest in talks that could lead to an end to the slaughter. “It’s all lies,” the official said, speaking of the Ukrainian claims of incremental progress in the offensive that has suffered staggering losses, while gaining ground in a few scattered areas that the Ukrainian military measures in meters per week.

“There were some early Ukrainian penetrations in the opening days of the June offensive,” the official said, “at or near” the heavily trapped first of Russia’s three formidable concrete barriers of defense, “and the Russians retreated to sucker them in. And they all got killed.” After weeks of high casualties and little progress, along with horrific losses to tanks and armored vehicles, he said, major elements of the Ukrainian army, without declaring so, virtually canceled the offensive. The two villages that the Ukrainian army recently claimed as captured “are so tiny that they couldn’t fit between two Burma-Shave signs” — referring to billboards that seemed to be on every American highway after World War II.

Zelensky’s message this week to the annual United Nations General Assembly in New York offered little new and, the Washington Post reported, he received the obligatory “warm welcome” from those in attendance. But, the Post noted, “he delivered his address to a half-full house, with many delegations declining to appear and listen to what he had to say.” Leaders of some developing nations, the report added, were “frustrated” that the multiple billions being spent without serious accountability by the Biden administration to finance the Ukraine war was diminishing support for their own struggles to deal with “a warming world, confronting poverty and ensuring a more secure life for their citizens.”

President Biden, in his earlier speech to the General Assembly, did not deal with Ukraine’s perilous position in the war with Russia but renewed his resounding support for Ukraine.

Biden, with the support of Secretary Blinken and National Security Adviser Jake Sullivan — but diminishing support elsewhere in America — has turned his unrelenting financial and moral support for the Ukraine war into a do-or-die issue for his re-election.

The American intelligence official I spoke with spent the early years of his career working against Soviet aggression and spying has respect for Putin’s intellect but contempt for his decision to go to war with Ukraine and to initiate the death and destruction that war brings. But, as he told me, “The war is over. Russia has won. There is no Ukrainian offensive anymore, but the White House and the American media have to keep the lie going. The truth is if the Ukrainian army is ordered to continue the offensive, the army would mutiny. The soldiers aren’t willing to die any more, but this doesn’t fit the B.S. that is being authored by the Biden White House,” Seymour Hersh concludes.

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