For a questionable cause

 
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By Khaled Diab

Should organisations raising money for foreign militaries or to perpetuate occupations enjoy charitable status?

22 October 2010

Ideally, there would be no need for charity. But in a world of inequality and vulnerability, private donations can mean the difference between life and death, dignity and humiliation, or subsistence and sustainability.

But even when it comes to charity, not all causes are created equal. Contrast, for instance, the global generosity following the 2004 Asian tsunami with the trickle of funds in the wake of the recent floods in Pakistan.

Some of the most effective fundraising occurs for objectives that I and many others would not define as charitable and for causes that are already so flush with cash it leaves you wondering why they need more.

Take the Israeli army. At a single glitzy charity gala in New York earlier this year, an impressive $20 million (£12.5 million) was donated in one evening by the rich guests. This event was organised by Friends of the Israel Defence Forces, the main US organisation raising funds for Israeli soldiers on active duty, which raised nearly $50 million in 2008. Similar fundraising operations exist in a number of European countries, as a recent investigation by the Inter Press Service revealed.

With Israel possessing the most powerful military in the Middle East and one of the richest and best-equipped in the world, many will be scratching their heads as to why the IDF needs ‘charity’. Not only are soldiers the responsibility of the army they serve – and by extension the government – surely the IDF can afford to take care of its own. After all, it swallows up at least 6% of Israel’s GDP and receives some $3 billion a year in US military aid. It is high time that Washington converted this to civilian aid and made it conditional on progress towards a final peace settlement.

Moreover, there are numerous ethical objections to defining this kind of fundraising as charity and exempting it from taxes. Despite its name, the IDF is not just about defence, it is also about attack, unless you happen to believe that attack is the best form of defence.

Although Israel has the right, like any other country, to possess an army, its military is involved in an ugly occupation, regularly invades or mounts incursions into neighbouring countries and territories, and some of its soldiers commit human rights violations and even war crimes. One way to ensure that taxpayers do not become unwitting accomplices would be to remove the tax exemption of organisations raising money for foreign militaries or soldiers by not allowing them to register as charities.

But even if the IDF were, as it claims, “the most moral army in the world”, should it or other militaries even be allowed to fundraise abroad?

There is a case to be made for outlawing charities whose purpose is to serve foreign militaries. One reason for this is that there is no guarantee that the money raised won’t be used to commit human rights violations or potentially reward individuals who have committed war crimes – which would compromise the fundamental legal role of charities to serve ‘the public benefit’.

Some are bound to protest that organisations such as Friends of the IDF are not raising funds for the army itself but for the social, cultural and economic wellbeing of its active soldiers. But this is a disingenuous argument: by removing some of the burden of caring for soldiers, these charities not only indirectly enhance the readiness of an army, they also enable the state to divert more of its own resources to purchasing arms and other combat-related activities.

Another reason is that it is not inconceivable that foreign armies receiving tax-free charitable donations could compromise the national security or undermine the foreign policy of the donating country, not to mention threaten regional or global stability. Navigating the minefield of deciding which armies are ‘worthy’ charity cases is not only incredibly subjective, it can also potentially backfire.

While charitable activity targeted at armies, especially those of allied powers, falls into a somewhat grey area, charitable activities that contravene international law and the government’s own legal position are more clear cut. Yet numerous charities, from Christian evangelists to pro-settler Jews, support illegal Israeli settlement activities. The New York Times identified at least 40 American groups that have collected more than $200 million in tax-deductible gifts for Jewish settlement in the West Bank and East Jerusalem over the past decade.

Despite the questionable nature of the pro-IDF and pro-settler organisations mentioned above, we must not forget nor lose sight of the fact that Jewish charities and civil society organisations raise funds for numerous worthy causes and we can learn a lot from the solidarity Jewish communities around the world show one another. In addition, many Jews, particularly progressive ones, are actively involved in fundraising and volunteering for many non-Jewish causes, as well as activities aimed at improving the lives of Palestinians living under occupation.

This column appeared in the Guardian newspaper’s Comment is Free section on 19 October 2010. Read the full discussion here.

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Why doesn’t God use Faithbook?

 
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By Khaled Diab

If God wants to reach out to humanity, why rely on prophets and scripture when he presumably has the power to connect with each of us directly?

3 September 2010

An article I recently read posits that, even if we were able to create a foolproof experiment to prove the existence of God, it would not only spell the end of atheism, but also of Christianity (and I presume the same applies to the other monotheistic religions), because without faith there can be no religion.

But do we really need to wait for God to rear his divine face to lay to rest the spectre of religion? For the sceptics among us, this is figuratively a doomsday scenario, as we would have to live with our doubts until the Day of Reckoning comes, which we, of course, highly suspect won’t arrive, leaving us stuck in a sort of secular purgatory for all eternity.

But it strikes me that we’re asking the wrong question here. God may prove to be an impossible hypothesis to (dis)prove, but the same does not apply to faith itself. I believe we can test the veracity of religion, especially religious scripture which claims to be divinely inspired or even revealed.  So, here is my own modest attempt to test run religion and show that it is not worthy of our faith.

God, the author, or humanity, the ghost writer?

The holy books of the three Abrahamic faiths all claim divine authorship, or at the very least, divine inspiration. But if scripture contains the word of God (or his son), why do the monotheistic religious texts show such clear signs of human authorship and contain a recycled mix of older, often polytheistic, myths and legends (Sumerian, Persian, Egyptian, etc.)?

Moreover, if the message in scripture, like the Supreme Being, is timeless and for all time, why do they teach us values and standards that we would, otherwise, find reprehensible and unacceptable, such as slavery (in Judaism, Christianity and Islam), the subjugation of women, the slaughtering of your (read God’s) enemies?

In defending religion, many believers will argue that scripture appeared in the context of a different time and place and, so, not all of it is binding in the modern context. But if we go down the road of selectively choosing which articles of faith to hold on it, what’s to stop us from ditching it all and starting from scratch to create something more appropriate?

Similarly, scripture contradicts so many scientifically proven facts – and contradicts itself, such as in the case of the creation of the world in Genesis I and Genesis II – that it would cast serious doubt on God’s knowledge of the Universe he reportedly created.

Scripture v Faithbook

The Abrahamic tradition of religion is founded on the dual pillars of message (in the form of scripture) and messenger (in the form of prophets and even the son of God). The most fundamental question this raises is: what is the point of this?

If God is omnipotent and omnipresent, surely he could conjure up more imaginative and effective ways to communicate with his creations. As any good communicator knows, messages are often distorted or corrupted in their transmission. So, what better way to avoid confusion than to drop outdated and outmoded scriptures and communicate with each of us directly?

After all, we humble humans already possess the technology, if it were universally distributed, to communicate with everyone on the planet, and social networking sites already boast hundreds of millions of users. So, why can’t God use his omni-powers to create some sort of interactive interface, a sort of Faithbook, to talk to every human? I’m sure he’d have billions of friends (or should that be worshippers?) if he did.

Some might say that God doesn’t have the time to waste on this, but I thought he had all the time in the Universe. Others might argue that this world is a test of our faith and, by revealing himself to each of us, God would be making it too easy. Well, Adam and Eve lived by God’s side and still they disobeyed him – that’s the beauty of free will.

Besides, as they stand, the Abrahamic religions are exclusive clubs that only save those who belong to them. If God is as just and loving as they say he is, then surely he would want to offer all humanity an equal shot at salvation. By addressing us individually, God would be doing the ultimate to empower and enfranchise his creations – not to mention, hold us accountable – and to democratise religion.

Raise prophets by cutting out the middlemen

As purportedly the ultimate proponent of equality, God should not be elevating some humans above others. Yet, between us and him, he has elevated prophets and clergy. If God’s prophets are meant to be role models to us all, why are so many of them such unpleasant characters or commit acts which would otherwise be regarded as reprehensible, or at the very least unacceptable: stealing from neighbours, committing war crimes, sexually coercing women and killing their husbands, committing incest, marrying children, murdering siblings, and much more.

And even though many prophets had commendable attributes, they were human and are, hence, fallible, so it is best that God cut out these middlemen – and they are always men.

Humanity’s forgotten half

The human race is, more or less, evenly divided between men and women. Despite the insistence of religious modernisers and reformers that God is an equal opportunities creator, scripture seems to place men consistently a cut above women, and demands that women obey men.

Right from the word go, Genesis informs us that Adam was created first and Eve was fashioned out of his rib (or simply created after him, according to the Islamic version). Not only is this creation myth totally unscientific, it also makes no symbolic sense. With the human reproductive functions being what they are, one would expect that, if anyone were to come second, Adam would follow Eve. Even at the molecular level, we see that two X chromosomes result in a female, while an X and a Y chromosome result in a male, which might suggest that the male gender is more ambiguous than the female.

To add insult to injury, Eve leads Adam astray by convincing him to eat from the forbidden Tree of Knowledge. In the Islamic version, they are both blamed equally but, still, there are numerous passages in the Qur’an which stress the inferior status of women. For example, Surat al-Nisa (Verse on Women) informs us quite explicitly that: “Men are the protectors and maintainers of women, because God has given the one more (strength) than the other, and because they support them from their means. Therefore, the righteous women are devoutly obedient, and guard in (the husband’s) absence what God would have them guard.”

This raises the question of why God is such a macho, especially considering that there’s little actual difference between the two genders, and women have consistently proven themselves men’s equals in all walks of life. If, as scripture seems to suggest, women are so much more imperfect and fallible than men, why on earth did the Supreme Being bother to create them? Couldn’t he have just made humanity asexual? Or could it be because it was man who created God in his image, rather than the other way around?

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The ICC and Darfur

 
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By Tom Kenis*

The ICC indictment of Sudan’s leadership merits a balanced appraisal.

September 2008

In July 2008, the International Criminal Court submitted, upon the request of the United Nations Security Council, charges of genocide, crimes against humanity, and war crimes in Darfur against Sudanese President Omar al-Bashir, having already done so for Sudanese Humanitarian Affairs Minister Ahmed Muhammad Harun and a local militia leader. None have so far been brought into custody, nor is this likely to happen in the near or even remote future.

“Politically motivated,” cried the Sudanese government. “Double standards, and neo-colonial bullying,” charged African, Arab and many European commentators. The tacit welcoming of the ruling by America, itself not a signatory and fierce opponent of the ICC, surprised few, given Sudan’s oil-laden geology. This, in turn, explains the eerily quiet wind blowing from China, which meets close to seven percent of its oil imports from the regime in Khartoum. (Credible) conspiracy theories aside, many analysts fear a Sudanese backlash, a hardening of positions, undermining a tenuous peace process, and turning out more harmful in the end to the very people the court ruling is supposed to rush to the aid of.

All of the above is true. The ICC, set up in 2002, has picked out small fry, a sitting leader of an Arab state at that, the adverse connotations of which have not gone unnoticed in the region. In many ways, the ICC merely ups the ante, shielding behind the cloak of internationalism self-interested policies and the chess game of jostling powers that weaker states have historically been victims of and at best spectators to.

And yet we cannot dismiss the notion that the voices raised against the ruling, and hence in defence of a government that at best utterly fails to act in defence of its own citizens, with horrible consequences, are all but devoid of ulterior motives. The court’s ruling is indeed a heavily politicised one, but so would a now hypothetical decision to the contrary. At one extreme, currying favour with the regime in Sudan inculpates one to the charge of wishing to secure access to the nation’s natural resources, while proponents of the ruling are accused of wishing a regime change for the sake of gaining a toehold to those same resources. Concurrently, some advocates of the court’s decision aspire to divert attention from their own misdeeds in the human rights arena, while detractors fear the legal dire straits such a precedent might put them in. Worse infringements occur in other places, so why intervene here? Indeed, arguments and ammunition are easily found in support of either position.

To those with no material stake in the imbroglio, the question then boils down to one of inclination, optimistic or pessimistic, as to the ability of the mechanisms hitherto employed to alleviate and ultimately solve a question of extreme human suffering. Do the actions of the ICC represent something new, or should such an instrument be seen as merely the sum of its constituent parts, a continuation of old policies, lorded over by self-interested nation states? Can the ICC transcend the balance of powers? Is the ICC, in plain English, capable of saving lives? The wider question should, but perhaps given the inchoate state of the institution, cannot easily be disentangled from the concrete case of Darfur before it.

International bodies are only as effective as their participating countries allow them to become. A prime example is arguably the United Nations, once paralysed by the Cold War stalemate, somewhat invigorated since, but stilly hamstrung by its veto-wielders’ reluctance to reform and adapt to changing international relations. Perhaps the ICC, an organisation that is legally speaking not part of the UN, can play a reinforcing, complementary role, hand-in-glove with the trend of expanding international laws. Whether the challenge of justice-over-the-weak v justice-for-all can be overcome, only time will tell.

The shifting of the balance towards universal success v a quick demise of the ICC will take place in the penumbra of smaller nations, between ardent supporters and stern detractors. Those countries seeking an advantage in opposing the court now, might one day find themselves in need of more robust international policing. The inverse, one should add, will arise just as easily. The clear choice for governments here and now is between short-term self-interest and its long-term variant. The difference is significant. Today, two very passionate foes of expanded international jurisprudence, Israel and the United States, already find themselves applauding the court’s ruling on Darfur. A verdict according to double standards will only serve to accentuate those double standards and increase the pressure to address other, more complex, even more intractable conflicts. Alas, small fry first.

The ruling appears not yet to have unleashed the feared deterioration on the ground, despite one senior Sudanese official reacting furiously, threatening to turn Darfur into a graveyard. On the contrary, the initial response of the Sudanese government has been one of increased responsiveness, at least in tone, to international pressure. With perhaps a cynical stretch of the imagination, white faces, too, will soon pop up in the dock at The Hague. If we include the ad hoc tribunal for Yugoslavia this has already happened. Of course, all gains, especially as modest as these, can be reversed. However, one must also recognise even modest gains for what they are: timid beginnings, but beginnings nonetheless.

*Tom Kenis is a Belgian NGO worker. Published with the author’s permission. ©Tom Kenis.

This is an archived article from Diabolic Digest.

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Justice, the American way

 
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By Khaled Diab

Is there any chance that George W Bush will ever face indictment for his alleged war crimes and crimes against humanity?

January 2009

In the court of popular global opinion, George Bush and the other architects of the invasion and occupation of Iraq – including the vice-president, Dick Cheney, and the former defence secretary, Donald Rumsfeld – are widely viewed as war criminals. That is one reason why last month’s famous shoe-throwing incident was greeted as a heroic act of defiance by millions. But will this symbolic booting-out be the only consequence Bush will face for his dire actions, or is there hope that justice can be served for the many victims of his war-mongering?

All indications point to the probability that when Bush hands over the reins to Barack Obama on 20 January, he will not only get off scot-free, but he will also thrive. Like his father before him, and despite his own dismal business track record and allegations of murky dealings, he may well pursue a lucrative career in the influence-pedalling industry as a “consultant” for investment and oil companies.

But wouldn’t it be great if, rather than spending his post-presidential silver years cashing in on his stint in the White House, he would be made to pay for the crimes against humanity he instigated?

Before we consider the possible avenues to justice, let’s briefly recount the various charges against him. Most fundamentally, the Bush administration’s decision to invade two sovereign nations unprovoked should be enough to indict him under international law, although the situation is a little more blurred in the case of Afghanistan under the Taliban. And protestations of ‘pre-emptive’ defence hold no legal water.

Benjamin Ferencz, a Nuremburg chief prosecutor, expressed his opinion that Bush’s 2003 war of aggression against Iraq constituted “the supreme international crime“. This is what has been known since the Nuremberg trials as a crime against peace.

Then there’s the charge of crimes against humanity, another pillar of international law. In this instance, legal experts argue that the war’s opening ‘shock and awe‘ campaign alone – with its thousands of civilian casualties, wholesale destruction of civilian installation, and severe traumatising and terrorising of an entire population – counted as a serious crime against humanity.

Principle VI of the Nuremberg conventions outlaws the “wanton destruction of cities, towns, or villages”, while Article 48 of the Geneva conventions demands that parties to a war “shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives”, which clearly did not happen during shock and awe. Torture – including waterboarding, sensory deprivation and complete isolation – which has been controversially endorsed by the Bush administration at Guantanamo Bay, also counts as a serious war crime.

Now that we have established a powerful case against Bush and the other architects of the Iraq war, what are the possible avenues for prosecution?

With no prosecution on the horizon in the United States, jurisdiction should automatically shift to the International Criminal Court. However, the US is one of only seven countries that has refused to sign up to the ICC, despite its support of the court’s indictment of the Sudanese president, Omar al-Bashir.

With this international avenue blocked off, another possible avenue would be to take advantage of the Geneva conventions’s ‘universal jurisdiction‘ to bring a case against Bush in another country.

Belgium, before it watered down and then effectively abolished its own courageous and controversial war crimes law, could have been a good place to take legal action. In fact, there had been attempts in Belgium to prosecute George Bush, as well as other leaders, including Israel’s Ariel Sharon, Palestine’s Yasser Arafat and Cuba’s Fidel Castro.

Spain and Canada also have universal jurisdiction laws on their books, but I doubt that courts there will hear a case against the Bush administration after the diplomatic fury Washington unleashed against Belgium.

Although no American president has ever been convicted of war crimes, the US legal system may actually provide the most promising avenue for pursuing legal action. US law prohibits American nationals from committing any “grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party”.

Now what we need is a few brave lawyers to throw down the legal gauntlet. If justice is done, it will send a powerful message that it is not just the defeated and weak who face punishment for their crimes. It will also dissuade future US leaders from believing they can launch wars of aggression with impunity and go a step towards repairing confidence in American justice.

This column appeared in The Guardian Unlimited’s Comment is Free section on 14 January 2009. Read the related discussion.

This is an archive piece that was migrated to this website from Diabolic Digest

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The summit of hypocrisy

 
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By Khaled Diab

If Arabs want their concerns about other nations’ war crimes to be taken seriously, then they should not be welcoming Sudanese president Omar al-Bashir to their countries and summits.

April 2009

With the way Omar Hassan al-Bashir has been jetting around the Middle East and Africa, you might be excused for thinking he was not a wanted man. In recent weeks, he has visited half a dozen countries, including Eritrea and Egypt, both of which are signatories (pdf) to the International Criminal Court but have not yet ratified the Rome Statute establishing it.

The world’s most wanted head of state topped it all off with an Arab summit in Doha which reiterated “our solidarity with Sudan and our rejection of the measure of the … International Criminal Court against his Excellency”. Bashir explained his decision to attend the summit as “a message to the western world that Sudan will not be isolated”.

Perhaps trying to show he is at peace with his conscience or as a secret plea for divine intervention, the first sitting head of state to be indicted for war crimes flew to Saudi Arabia to perform an umra, or mini pilgrimage. He even defiantly said that he was willing to attend the annual UN general assembly, if he was invited.

Many Arabs and Africans see Bashir’s indictment as a manifestation of racism, western imperialism under a different guise, especially given the fact that the only cases currently before the ICC are all against Africans.

Some will dismiss these concerns with a glib assertion that justice is blind and that Arabs and Africans are being hypocritical in their defence of a war criminal. But there is a strong whiff of – if not hypocrisy – double standards and of picking a soft target in the ICC’s decision to pursue the Sudanese president. For instance, I recently outlined the strong arguments for indicting George W Bush for war crimes and crimes against humanity.

So why has the ICC not started similar proceedings against the former US president? Because the US has not signed up to the ICC and so the court has no jurisdiction over Americans? Well, the same applies to Sudan which, like the US and Israel, has also indicated that it will not ratify the Rome Statute. The answer is, of course, obvious: justice may be blind, but she has a sixth sense that tells her not to mess with the big guys.

Just like many Arabs are outraged that the ICC should indict Bashir, many Americans get furious at the mere suggestion that their own leaders might be criminal mass murderers. After the publication of my Bush article, one furious American, who called me a “moon worshipper” without explaining what that meant, emailed me to ask how I dared question the intentions of the “great” George W Bush, and to inform me that his only regret was that the former president had not killed more Arabs.

What this proves is that making exceptions for your own side is not exceptional and that hypocrisy knows no national or cultural boundaries. But if the west wishes its moral stances to be taken seriously by its former colonies, where some of the world’s most serious crimes against humanity are committed, then it has to be seen to be pursuing justice whether it involves friends or foes.

“How can an ordinary citizen in the Arab or Muslim world believe that the international community applies international law [impartially] and is concerned about the welfare of Muslims in Darfur… at a time when the rights of millions of Arabs and Muslims are violated in Iraq, Palestine, Afghanistan and other places?” asks Hassan Nafe’ah, an Egyptian expert in international law. “We don’t object to trying Bashir and any other Arab tyrant, as long as they are preceded by Bush and Olmert and others of their ilk,” he concludes.

Pointing fingers at western hypocrisy is, in itself, not a sufficient defence, since double standards are duplicity whether practised by the powerful or the weak. If Arabs wish their concerns over atrocities committed by the US in Iraq or Israel in Gaza to be taken seriously, they need to apply similar standards to their allies. That does not mean they have to hand Bashir over to the ICC, especially given their fears that it could destabilise Sudan, but, at the very least, they should condemn his two decades of terror and ostracise him for the crimes he has committed against his own people.

Bashir’s two decades ruling Sudan have been a constant chain of conflict and war – from the civil war between north and south to the more recent conflict in Darfur – in which the total body count is unknown but could be anywhere between two and three million.

There is a widespread belief that, in the ugly balance of reality, African and Arab lives are worth less that western ones. But by expressing solidarity with a known mass murderer, Arabs and Africans are also cheapening the value of their own lives.

This column appeared in The Guardian Unlimited’s Comment is Free section on 8 April 2009. Read the related discussion.

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