Paris court upholds validity of France’s arrest warrant for Syrian President Bashar Assad

The Paris appeals court ruled on Wednesday that an international arrest warrant for Syrian President Bashar Assad issued by France for alleged complicity in war crimes during Syria’s civil war is valid and remains in place. (AP/File)
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Updated 26 June 2024
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Paris court upholds validity of France’s arrest warrant for Syrian President Bashar Assad

  • Jeanne Sulzer and Clemence Witt, lawyers who represented the plaintiffs, and NGOs behind the complaint hailed the decision as a historic judgment
  • “It’s the first time that a national court has recognized that the personal immunity of a serving head of state is not absolute,” the lawyers said

PARIS: The Paris appeals court ruled on Wednesday that an international arrest warrant for Syrian President Bashar Assad issued by France for alleged complicity in war crimes during Syria’s civil war is valid and remains in place.
Jeanne Sulzer and Clemence Witt, lawyers who represented the plaintiffs, and non-governmental organizations behind the complaint hailed the decision as a historic judgment.
In May, French anti-terrorism prosecutors asked the Paris appeals court to rule on lifting the arrest warrant for Assad, saying he has absolute immunity as a serving head of state.
“It’s the first time that a national court has recognized that the personal immunity of a serving head of state is not absolute,” the lawyers said in a statement.
French judicial authorities issued international arrest warrants last November for Assad; his brother Maher Assad, the commander of the 4th Armored Division; and two Syrian generals, Ghassan Abbas and Bassam Al-Hassan, for alleged complicity in war crimes and crimes against humanity. They include a 2013 chemical attack on then opposition-held Damascus suburbs.
Victims of the attack welcomed France’s decision to issue arrest warrants as a reminder of the horrors of Syria’s civil war.
The prosecutors did not challenge the warrants for Assad’s brother and the two generals during a closed hearing on the issue on May 15.
International arrest warrants for a serving head of state are very rare and the decision by the Paris court to issue one for the Syrian president represented a strong criticism of Assad’s leadership at a time when some countries were welcoming him back into the diplomatic fold.
More than 1,000 people were killed and thousands were injured in the August 2013 attacks on Douma and Eastern Ghouta.
The investigation into the attacks has been conducted under universal jurisdiction in France by a special unit of the Paris Judicial Court. It was opened in 2021 in response to a criminal complaint by the survivors, and filed by the Syrian Center for Media and Freedom of Expression.
Assad’s government was widely deemed by the international community to be responsible for the sarin gas attack in the then-opposition-held Damascus suburb of eastern Ghouta. The Syrian government and its allies have denied responsibility and said the attack was carried out by opposition forces trying to push for foreign military intervention.
The United States threatened military retaliation in the aftermath of the attack, with then-President Barack Obama saying use of chemical weapons by Assad would be Washington’s “red line.” However, the US public and Congress were wary of a new war, as invasions in Afghanistan and Iraq had turned into quagmires.
Washington settled for a deal with Moscow for Syria to give up its chemical weapons stockpile.
Syria says it eliminated its chemical arsenal under the 2013 agreement. However, watchdog groups have continued to allege chemical attacks by Syrian government forces since then.
Syria is not a member of the International Criminal Court, meaning the court does not have jurisdiction there. However, human rights lawyers in the past have urged prosecutors to open an investigation into crimes during the country’s civil war, arguing that the court could exercise jurisdiction over Syrian civilians forced into Jordan, which is a member of the court.
So far, the court has not opened an investigation.
In a separate case, a Paris court last month sentenced three high-ranking Syrian officials in absentia to life in prison for complicity in war crimes in a landmark case against Assad’s government and the first such case in Europe.


Appeals court allows part of Biden student loan repayment plan to go forward

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Appeals court allows part of Biden student loan repayment plan to go forward

  • The ruling on Sunday means the department can move ahead with the reduced payments already calculated while it pursues an appeal

WASHINGTON: A federal appeals court has allowed the US Education Department to move ahead with a plan to lower monthly payments for millions of student loan borrowers, putting on hold a ruling last week by a lower court.
The ruling from the 10th US Circuit Court of Appeals puts back on track a central part of President Joe Biden’s efforts to address student debt — a rule that lowers from 10 percent of discretionary income to 5 percent the amount that some borrowers qualifying for a repayment plan need to pay.
The reduced payment threshold was set to take effect July 1, but federal judges in Kansas and Missouri last week blocked much of the administration’s student loan repayment plan in two separate rulings. The ruling on Sunday means the department can move ahead with the reduced payments already calculated while it pursues an appeal.
The rulings have created a difficult environment for borrowers to navigate, said Persis Yu, deputy executive director of the Student Borrower Protection Center, which advocates for eliminating student debt. The stay granted by the 10th Circuit is temporary, Yu said, leaving many borrowers in the dark about future financial obligations.
“Borrowers are having to make decisions right now about their financial lives, and they don’t know the very basic information that they need in order to make informed decisions,” Yu said.
The Biden administration created the SAVE plan last year to replace other existing income-based repayment plans offered by the federal government. It allowed many to qualify for lower payments, and forgiveness was granted to borrowers who had made payments for at least 10 years and originally borrowed $12,000 or less.
US Education Secretary Miguel Cardona said the Biden administrations remains committed “to our work to fix a broken student loan system and make college more affordable for more Americans.”
The appeals court ruling does not impact the injunction issued by a federal judge in Missouri, which prevents the Education Department from forgiving loan balances going forward.
The injunctions are the result of lawsuits from Republican-led states seeking to invalidate the Biden administration’s entire loan forgiveness program, which was first available to borrowers in the summer of 2023, and at least 150,000 have had their loans canceled. The suing states argued that the administration’s plan was a workaround after the Supreme Court struck down the original plan for student loan forgiveness earlier that year.


Former Pakistan PM Khan arbitrarily detained: UN panel

Updated 38 min 54 sec ago
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Former Pakistan PM Khan arbitrarily detained: UN panel

  • “The appropriate remedy would be to release Mr. Khan immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law,” they added

GENEVA: A panel of UN experts have determined that the detention of former Pakistani prime minister Imran Khan was arbitrary and in violation of international law, calling for him to be released “immediately.”
In an opinion published Monday, the United Nations Working Group on Arbitrary Detention raised serious concerns around multiple cases brought against Khan since he was ousted in April 2022.
It found that his deprevation of liberty violated a string of international laws and norms, and was “arbitrary.”
Khan’s “detention had no legal basis and appears to have been intended to disqualify him from running for political office,” the working group concluded.
“Thus, from the outset, that prosecution was not grounded in law and was reportedly instrumentalized for a political purpose,” it said in the opinion, which was dated on March 25 but only made public on Monday.
The working group, made up of five independent experts, whose opinions are not binding but carry reputational weight, called on Pakistan’s government to “take the steps necessary to remedy the situation of Mr. Khan without delay and bring it into conformity with the relevant international norms.”
“The appropriate remedy would be to release Mr. Khan immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law,” they added.
Khan, who served as prime minister from 2018 to 2022, has been entangled in more than 200 legal cases since he was ousted, in what he says is a campaign to keep him from power.
He has been detained since August last year and barred from standing for office.
However, the former international cricket star and his wife had their 14-year prison sentences for graft suspended by a Pakistan high court in April.
Khan then had a 10-year sentence for treason overturned this month but remains in Adiala jail, south of the capital Islamabad, over an illegal marriage conviction.
He had been cleared for release before that trio of sentences in the days running up to Pakistan’s February 8 general elections.
Neither Pakistan’s interior nor information ministry immediately responded to a request for comment.
Khan’s Pakistan Tehreek-e-Insaf (PTI) party meanwhile hailed the ruling as “a huge victory.”
“It has shown without any one percent of doubt that Imran Khan is innocent and has been thrown into prison illegally,” PTI spokesman Syad Zulfiqar Bukhari said in a statement.
 

 


Australia urged to provide ‘emergency uplift’ visa for Palestinians fleeing Gaza war

Updated 01 July 2024
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Australia urged to provide ‘emergency uplift’ visa for Palestinians fleeing Gaza war

  • Most refugees arrive in Australia on tourist visas and then apply for protection while they are on Australian soil
  • Rights groups say ‘tourist visa is not fit for purpose in these circumstances’ and a specialist protocol is needed to make applying for protection easier

LONDON: Campaigners for refugee rights have called on the Australian government to create an “emergency uplift” visa for Palestinians fleeing the war in Gaza.

The number of Palestinians applying onshore for protection in Australia almost doubled during May compared with the figures for April, the Guardian newspaper reported on Monday. The Home Affairs Department said 119 people from the “Palestinian Authority” applied for protection visas, up from 66 in April, 110 in March, 88 in February and 33 in January.

The Refugee Advice and Casework Service, which is helping some of the Palestinians, said the “absolute humanitarian disaster in Gaza” had caused “an increase in arrivals from Gaza and Palestinians seeking protection.”

It continued: “RACS has long assisted hundreds of Palestinians … due to their history of persecution, discrimination and statelessness, which has only been exacerbated in recent times. When people fear for their lives, they will do whatever it takes to find safety.”

RACS said the majority of refugees who arrive in Australia do not enter the country on refugee visas but on other types, including tourist visas, and then apply for protection when they are already on Australian soil. An emergency protocol is needed to make the application process for protection easier, the organization added.

Though some visitors’ visas can allow those entering the country to bring with them family members who are also fleeing the war, and to remain in Australia for 12 months, holders are not permitted to work, study or access healthcare.

The numbers of onshore protection claims are being driven up by those with shorter, three-month visas whose duration of stay is about to expire, the Guardian reported.

“The tourist visa is not fit for purpose in these circumstances and, really, Australia should be considering an ‘emergency uplift’-type visa, similar to that of the 449 visa, which was used for those Australia evacuated from Afghanistan, where families, communities and individuals can apply for or request of the Australian government at such times of dire need,” RACS said.

The Asylum Seeker Resource Center, another rights organization in Australia, said: “The tourist visa was recommended by the Australian government to help people flee to Australia, and should not restrict that person’s options for what visas they can apply for once they are here.”


Greek prime minister warns of dangerous summer for wildfires

Updated 01 July 2024
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Greek prime minister warns of dangerous summer for wildfires

ATHENS: Greek Prime Minister Kyriakos Mitsotakis said on Monday the country faced a dangerous summer for wildfires, with a prolonged drought and unusually strong winds contributing to tinderbox conditions.

Wildfires are common in the Mediterranean country, but hotter, drier and windier weather that scientists link to the effects of climate change has increased their frequency and intensity.

This weekend, dozens of fires broke out across Greece, including two close to the capital, Athens.

“It is a summer which is expected to be particularly dangerous ... the most difficult times are still ahead of us,” Mitsotakis said as he addressed his Cabinet.

“We had a very difficult June in terms of weather conditions with high drought and unusually high gusts of wind for the season,” he said, praising firefighters for managing to contain the weekend fires.

Mitsotakis said less than 100,000 square meters of land had been burned in the two fires, and that the damage was contained due to the response by state emergency authorities.

Greece has scaled up its preparations this year by hiring more staff and increasing training, after forest fires last year forced 19,000 people to flee the island of Rhodes and killed 20 in the north of the country.


From Ukraine and Syria to Sudan and Gaza, a new era of violence and conflict unfolds

Updated 01 July 2024
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From Ukraine and Syria to Sudan and Gaza, a new era of violence and conflict unfolds

  • Over a quarter of all battle deaths in the past 33 years occurred in the period between 2021 and 2023
  • One report documents roughly 190 different state-based conflicts involving 95 countries since 1990

DUBAI: A recent conflict trend analysis has confirmed that with each passing year the world has steadily grown more violent. The last three years in particular have emerged as the most tumultuous in three decades, painting a concerning picture of escalating global unrest.

Last year, there was an alarming surge in worldwide, state-based conflicts, hitting a high not seen since 1946. According to the Peace Research Institute Oslo’s “Conflict trends: A global overview,” 2023 alone saw an unprecedented 59 conflicts, marking it one of the most violent years since the end of the Second World War.

The report analyzes global conflict trends from 1946 to 2023, aiming to enhance policymakers’ understanding of their operational contexts.

Palestinian children run as they flee from Israeli bombardment in Rafah in the southern Gaza Strip. (AFP)

Siri Aas Rustad, research professor at the PRIO and lead writer of the report, said the findings indicate “the conflict landscape is becoming more complex,” with more actors involved in each country.

The report documented approximately 190 different state-based conflicts involving 95 countries since 1990.

The deadliest conflicts in recent memory highlighted by Rustad include the Tigray war in Ethiopia and the violence in Syria, with death tolls in each by most estimates exceeded 300,000.

Civil conflict in Afghanistan is thought to have caused more than 230,000 deaths, while the war between Russia and Ukraine is estimated to have claimed some 170,000 lives so far.

“When it comes to the longest conflicts, they are often not as deadly, with the two longest being the FARC insurgency in Colombia and the Israel-Palestine conflict,” she told Arab News.

While the civil war in Afghanistan spanned the past three decades, there were high fatalities during specific periods, including when American troops withdrew.

Ukrainian firefighters work amid the rubble of the Retroville shopping mall, a day after it was shelled by Russian forces. (AFP)

Nasr Arif, emeritus professor of political science at Cairo University and visiting professor at St Andrews University, describes the ongoing Palestinian conflict as among the deadliest in the past three years.

Nearly 40,000 people have been killed, 90,000 injured, and 15,000 are still missing and presumed dead, many buried under the wreckage of destroyed cities, according to Gaza’s health authorities.

“The ongoing conflict will set the whole region back to a pre-1977 situation, where societies in the Arab or Islamic world will reconsider peace deals with Israel,” he said.

Arif says that despite the willingness of several Arab states to normalize relations with Israel, the conduct of the Israeli army, as seen on social media, makes it impossible for governments to convince their societies otherwise.

“This will create a more hostile environment, and peace in the Middle East will require new approaches and leadership,” he said.

The only viable solution, according to Arif, is the establishment of a Palestinian state, without which the Middle East peace process will not survive.

INNUMBERS

• 59 Conflicts worldwide in 2023.

• 1.5m People killed in conflicts from 1990-2020.

• 190 Different state-based conflicts since 1990.

Source: Peace Research Institute Oslo

“Otherwise, the situation will resemble the post-Sept. 11, 2001, era, with the rise of extremist groups like Al-Qaeda and Daesh, leading to widespread individual acts of terrorism and retaliation,” said Arif.

Overall, he believes that identity politics and international intervention are to blame for the conflicts raging in Africa, Asia and Europe.

“These conflicts are often ignited and inflamed by international powers either from the same region or from a distance,” he told Arab News.

“Identity politics, whether ethnic, religious, or political, play a significant role, with international interventions supporting different parties, leading to higher casualties.”

Asif cites, as examples, NATO and the EU’s involvement in the Ukraine-Russia conflict, and meddling by outside powers in the affairs of Sudan, Iraq and Lebanon.

A tank of Eritrean army is abandoned along the road in Dansa, southwest of Mekele in Tigray region, Ethiopia. (AFP)

He blames foreign military support for Israel’s actions, in the face of accusations that its troops are not adhering to humanitarian or international laws, for the Gaza’s war’s high human toll.

Hamdy Abdel-Rahman Hassan, a professor of political science at Zayed University in Abu Dhabi, says the war in Gaza has intensified tensions in the Middle East, exacerbating regional instability.

“The conflict has led to widespread anger, with countries like Egypt and Jordan fearing a potential influx of Palestinian refugees,” he told Arab News.

Additionally, non-state actors in the Iran-led coalition known as the “Axis of Resistance” have expanded their attacks, targeting Israeli and American military positions and shipping lanes, prompting retaliatory strikes from Israel, the US and the UK, according to Hassan.

“This cycle of violence risks escalating into a broader conflict, which is why a ceasefire in Gaza (is) seen as crucial to mitigating the regional escalation.”

Even more worrying is the potential for the ongoing conflict to expand into a full-scale war and further destabilization, especially if it results in significant civilian casualties or more military confrontations, says Hassan.

Ukrainian rescuers hose down a destroyed residential building as they move rubble after a missile strike in Mykolaiv. (AFP)

As for the two-state solution widely cited as a possible antidote to conflicts in the Middle East, Hassan believes this may be further from reality than ever before.

On the other hand, Hassan attributes the increase in overall state conflicts to several interrelated factors, including advances in technology and unresolved regional tensions.

“Technological advancements have introduced new forms of warfare, such as cyberattacks and lethal autonomous weapons, making conflict resolution more complicated,” he said.

“Unresolved regional tensions and the breakdown of state institutions have fueled conflicts involving non-state actors, such as political militias and terrorist groups.”

Hassan also says that the increasingly evident effects of climate change are leading to more resource scarcity, thereby intensifying ongoing conflicts.

Examining the overall number of casualties between 2021 and 2023, the Uppsala Conflict Data Program documented around 600,000 battle deaths, a stark contrast to the preceding three years (2018-2020), which recorded approximately 180,000 deaths.

Fighters from a local armed pro-government group Gatia in the town of Menaka, Mali. (AFP)

“The three preceding decades (1990-2020) saw a total of 1.5 million killed,” said the PRIO’s Rustad, meaning more than 25 percent of all battle deaths reported in the past 33 years occurred between 2021 and 2023.

Despite these shocking numbers, Rustad pointed out that a high number of conflicts does not necessarily translate to a high level of battle deaths, as the majority of fatalities occur in just a few conflicts.

In fact, most of the 59 conflicts recorded are relatively small in scale, according to Rustad. “What we see is that while the number of conflicts is increasing, the number of conflict countries is going down,” she said.

Conflicts were recorded in 39 countries in 2022, dropping to 34 in 2023, indicating a concentration in fewer nations.

In fact, nearly half of the countries experiencing conflict in 2023 were engaged in more than one ongoing conflict, and seven countries were simultaneously involved in more than three.

“Taking this together with the high number of internationalized civil wars and the relatively high number of extreme violent conflicts, we see that the global conflict landscape is becoming more complex and difficult to maneuver for states as well as organizations such as the UN, World Bank, and EU,” Rustad said.

Zayed University’s Hassan says a spike in levels of organized crime and urban violence has highlighted the fragility of the rule of law in many regions.

“The strain on international cooperation has diminished the global capacity to prevent and resolve conflicts, contributing to the complexity and persistence of modern violence,” he said.

According to him, the war in Gaza is not without significant repercussions for the global system, challenging peace and security on multiple fronts.

A man rushes an injured child to hospital after an Israeli bombing in central Gaza Strip. (AFP)

“The strategic rivalry among major powers has created opportunities for regional and middle powers to assert themselves, rejecting the current international order,” said Hassan.

He points to North Korea, saying that it has taken advantage of the war in Ukraine to enhance its missile capabilities and strengthen ties with Russia, complicating global security dynamics.

Similarly, according to him, Iran has leveraged international instability to bolster its regional influence, supplying military support to Russia and challenging Western hegemony.

“These actions underscore the broader impact of regional conflicts on the international system, where weakened mechanisms for conflict resolution and diminished US dominance have emboldened actors to pursue their agendas aggressively, further destabilizing global peace and security,” Hassan said.

Echoing this sentiment, Cairo University’s Arif says the trend over the last three decades signifies the end of the unipolar international system, which was dominated by the US after the collapse of the Soviet Union between 1989 and 1992.

A Palestinian child pushes another child in a wheelbarrow between destroyed buildings in Khan Yunis, in the southern Gaza Strip. (AFP)

“The American-led world order has failed to bring peace, as evidenced by the ongoing conflicts,” he said, echoing a commonly held view across the Middle East.

“The disregard for international law and organizations, highlighted by the US use of veto power to protect Israel during ceasefire negotiations, signals a collapse of the current international system.”

Ultimately, Arif says, the situation calls for a rethinking of the international order and organizations, starting with the UN Security Council, so that a new system capable of effectively addressing global conflicts can be developed.