Friday, March 06, 2020

UPDATED
Dubai ruler ordered abduction of daughters: UK judge
AFP
 

AFP/File / KARIM SAHIB
Sheikh Mohammed bin Rashid Al-Maktoum, 70, applied to the UK's highest court to block the publication of two judgments in the case against his wife

Dubai's ruler Sheikh Mohammed bin Rashid Al-Maktoum ordered the abduction of two of his daughters and subjected his former wife to a "campaign of fear and intimidation", forcing her to flee to London with their two children, according to a British court ruling made public on Thursday.

Princess Haya Bint Al Hussein, 45, fled the United Arab Emirates last April having become "terrified" of her husband, who is also the vice-president and prime minister of the United Arab Emirates.

Soon afterwards, the 70-year-old sheikh applied for their two children -- a son aged eight and a 12-year-old daughter -- to be returned to the Gulf kingdom.

But Princess Haya, a half-sister of Jordan's King Abdullah II, applied for the children to be made wards of court and filed a non-molestation order for herself.

She asked during a London hearing for a judge to make findings of fact about the kidnapping and forced detention of two of the sheikh's adult daughters from a previous marriage.

She also alleged she had faced a "campaign of fear and intimidation" since she left last year.

- Seized and detained -

Sheikh Mohammed, who owns the Godolphin horse racing stable, tried to prevent two of the court rulings being made public.

But the Supreme Court rejected his application on Thursday morning, allowing them to be published.

Judge Andrew McFarlane, who heads the Family Division of the High Court of England and Wales, found Sheikh Mohammed "ordered and orchestrated" the abduction of Sheikha Shamsa from the UK city of Cambridge when she was 19 in August 2000.

She was forcibly returned to Dubai and "has been deprived of her liberty for much, if not all, of the past two decades", he said.

He also found Shamsa's sister, Latifa, 35, was seized and returned to Dubai twice, in 2002 and again in 2018.

She was held "on the instructions of her father" for more than three years after the first attempted escape. Her second made global headlines in March 2018.

Claims by a friend of Latifa who helped her escape that Indian special forces boarded a boat off the Indian coast on March 4, 2018 before she was returned to Dubai were also found to be proven.

"She was pleading for the soldiers to kill her rather than face the prospect of going back to her family in Dubai," McFarlane said.

"Drawing these matters together I conclude, on the balance of probability, that Latifa's account of her motives for wishing to leave Dubai represents the truth.

"She was plainly desperate to extricate herself from her family and prepared to undertake a dangerous mission in order to do so."

- Secret divorce -

Lawyer Charles Geekie, representing Princess Haya, said at a hearing last November that his client had been left anonymous notes threatening the lives of her son and daughter.

She also told the court of "deliberate threats" and even of a helicopter landing outside her house when the pilot told her he had come to take a passenger to a desert prison.

The court was also told the sheikh divorced Princess Haya without her knowledge on February 7, 2019 -- the 20th anniversary of the death of her father king Hussein of Jordan.

Judge McFarlane said it was "clear the date will have been chosen... to maximise insult and upset to her".

He agreed with Geekie that events since 2000 showed "a number of common themes, at the core of which is the use of the state and its apparatus to threaten, intimidate, mistreat and oppress with a total disregard for the rule of law".

"I also accept Mr Geekie's submission that these findings, taken together, demonstrate a consistent course of conduct over two decades where, if he deems it necessary to do so, the father will use the very substantial powers at his disposal to achieve his particular aims."

- One-sided -

In a statement after the publication of the rulings, Sheikh Mohammed strongly denied the claims and said the case involved "highly personal and private matters relating to our children".

He said he appealed to the Supreme Court "to protect the best interests and welfare of the children".

"The outcome does not protect my children from media attention in the way that other children in family proceedings in the UK are protected," he said, calling the process one-sided.

"As a head of government, I was not able to participate in the court's fact-finding process."


Judge: Dubai ruler threatened wife, had daughters abducted
AP

FILE - In this Sunday, Jan 17, 2016 file photo, Princess Haya bint al-Hussein, the wife of the Prime Minister of the UAE and Ruler of Dubai, attends a press conference in Dubai, United Arab Emirates. A British court has found that the ruler of Dubai conducted a campaign of fear and intimidation against his estranged wife and ordered the abduction of two of his daughters, documents unsealed Thursday, March 5, 2020 show. (AP Photo/Martin Dokoupil, file)

LONDON (AP) — The ruler of Dubai conducted a campaign of fear and intimidation against his estranged wife and ordered the abduction of two of his daughters, a British judge ruled in documents that were unsealed Thursday.

A judge at the High Court in London found that Sheikh Mohammed bin Rashid Al Maktoum, 70, “acted in a manner from the end of 2018 which has been aimed at intimidating and frightening” his ex-wife Princess Haya, 45.

Judge Andrew McFarlane also said the sheikh “ordered and orchestrated” the abductions and forced return to Dubai of two of his adult daughters from another marriage: Sheikha Shamsa in August 2000, and Sheikha Latifa in 2002 and again in 2018.

The judge made rulings in December and January after a battle between the estranged spouses over the welfare of their two children, but the sheikh fought to prevent them from being made public. The U.K Supreme Court quashed that attempt on Thursday.

Princess Haya, daughter of the late King Hussein of Jordan, married the Dubai ruler in 2004, becoming his second official wife, the court said. Sheikh Mohammed also has several unofficial wives. The couple have a daughter, Jalila, 12, and 8-year-old son Zayed, the youngest of the ruler’s 25 children.

In April 2019, Princess Haya fled the Gulf emirate with her children, saying she had become terrified of her husband’s threats and intimidation.

The threats continued after the princess moved to London, the judge said, adding that the sheikh had used the apparatus of the state “to threaten, intimidate, mistreat and oppress with a total disregard for the rule of law.”

In May 2019, Sheikh Mohammed launched legal action, seeking the children’s return to Dubai, while Princess Haya asked for them to be made wards of the British court and stay in the U.K.

The sheikh later dropped his bid to take the children back to Dubai, and fought unsuccessfully to prevent the court issuing a fact-finding judgment on his wife’s allegations.

The judge found that Haya’s allegations about the threats and abductions met the civil standard of proof on the balance of probabilities.

Princess Haya also alleged that Sheikh Mohammed had made arrangements for Jalila — then aged 11 — to be married to the Crown Prince of Saudi Arabia, Mohammed bin Salman. The judge said the hearsay evidence for that allegation fell “well short of the required standard” of proof.

Sheikh Mohammed, who is also vice president and prime minister of the United Arab Emirates, is popular at home and is seen as a modernizing force. He has, however, faced criticism abroad following reports that his daughter Latifa tried to flee the country and was forcibly returned.

McFarlane supported the allegation that “on two occasions in June 2002 and February 2018, the father ordered and orchestrated the forcible return of his daughter Latifa, now 35, to the family home in Dubai. In 2002 the return was from the border of Dubai with Oman, and in 2018 it was by an armed commando assault at sea near the coast of India.”

The judge said Shamsa, now 38, was abducted from the streets of Cambridge and “has been deprived of her liberty for much if not all of the past two decades.”

Sheikh Mohammed is also the founder of the successful Godolphin horse racing stable and last year received a trophy from Queen Elizabeth II after one of his horses won a race at Royal Ascot. The judge noted that both he and his ex-wife “are said to be on respectful and friendly terms with the British Royal Family.”

Haya, a graduate of Oxford University, is also a keen equestrian and competed in show jumping for Jordan at the 2000 Sydney Olympics. She was a two-term president of the International Equestrian Federation and an International Olympic Committee member.

In a statement released after the rulings were published, the sheikh said that “as a head of government, I was not able to participate in the court’s fact-finding process. This has resulted in the release of a ‘fact-finding’ judgment which inevitably only tells one side of the story. ”

“I ask that the media respect the privacy of our children and do not intrude into their lives in the U.K.,” he said.


Princess Haya: I feared Dubai ruler would abduct my kids
LONDON (Reuters) - Jordanian Princess Haya bint al-Hussein told London’s High Court that she feared her former husband, the ruler of Dubai, would abduct her two children, take them back to the Gulf Arab state and prevent her from ever seeing them again.

FILE PHOTO: Princess Haya bint Al Hussein, the wife of Dubai's Sheikh Mohammed bin Rashid Al Maktoum, and her lawyer Baroness Fiona Shackleton arrive at the High Court in London, Britain, February 28, 2020. REUTERS/Tom Nicholson

Haya, 45, half-sister of Jordan’s King Abdullah, came to Britain with her two children in April last year and has been embroiled in a court case in London over their future with Sheikh Mohammed bin Rashid al-Maktoum of Dubai.

The hearings have been held in private, but on Thursday restrictions were lifted allowing the media to report that senior British judge Andrew McFarlane had ruled Mohammed had orchestrated a campaign of intimidation against Haya.

The judge also said Haya’s allegations that the sheikh had ordered the abduction and later torture of two of his daughters by another marriage - Shamsa and Latifa - were proved.

The sheikh’s lawyers rejected the allegations, made by Haya’s legal team and later backed by McFarlane in his “findings of fact”.

They had argued that Haya wanted to distract from her affair with one of her bodyguards, which McFarlane said had taken place sometime in 2017 or 2018.


Last November, Haya appeared in the dock of the grand, wood-paneled Court 33 in London’s High Court to recount how she feared that her children - Jalila, 12, and Zayed, 8 - might suffer the same fate as their half-sisters.

Shamsa, then 18, was snatched from the streets of Cambridge in England in 2000 while her younger sister Latifa was abducted from a boat in international waters off India in 2018, McFarlane ruled.

“I really can’t get the idea that it might be the last time I see them if they go to see him and that is unsafe,” she told the High Court during her brief appearance that lasted around 10 minutes.

“It’s not just him I’m worried about. It’s the people around him, people that I know. I know how they operate. I have seen what has happened to their sisters and I can’t face the fact that the same might happen to them.”

Throughout the hearings, spread over nine months since last May, she has been in court, at times looking tearful, at others disdainful of the arguments put forward by her former husband’s legal team.

Giving her evidence, she spoke clearly as she said she had come to doubt the United Arab Emirates’ official account about Latifa.


McFarlane accepted that Latifa had been abducted from a U.S.-flagged boat off the coast of India in March, 2018 and taken back to Dubai, the second time she had unsuccessfully tried to flee from the emirate.

In a video she made before her 2018 escape attempt, she described her father as “pure evil” and said that if people were watching it, she was in a “very bad situation”.


The failed escape: Sheikha Latifa's doomed flight from Dubai



LONDON (Reuters) - Three years ago, in secluded corners of a sprawling mall in Dubai, Sheikha Latifa, the daughter of the emirate’s ruler, plotted with close friend Tiina Jauhiainen to escape her father’s clutches.

Their eventual plan was like a plot from a movie: Latifa disguised her appearance as the pair fled Dubai by car to the coast, took a dinghy and rode jet skis to a waiting boat which was to take the princess and her companion to freedom.

But it failed. They were captured off the coast of India after an operation by special forces and taken back to Dubai.

“The last time (I saw her), she was kicking and screaming and she was dragged off the boat. Her pleas for asylum were ignored,” Jauhiainen told Reuters in an interview in London in late January.

In a judgment published on Thursday, a British judge ruled that Dubai’s ruler Sheikh Mohammed bin Rashid al-Maktoum had abducted Latifa - just as he had her elder sister Shamsa from England almost two decades earlier - and subjected her to inhuman treatment.

Jauhiainen gave a witness statement as part of the case and briefly appeared in court in London to confirm it was true.

“In making an overall assessment of the evidence relating to Latifa, I regard the evidence of Tiina Jauhiainen as being of singular importance,” the judge, Andrew McFarlane, said in his ruling, which described her as a “wholly impressive individual.”

The fitness instructor first met Latifa in late 2010 when she started giving her lessons in capoeira, a martial art, about five times a week.

They became close friends but she said Latifa was quiet and private. It was years before Latifa confided in her, revealing she had tried to escape Dubai in 2002 when she was a teenager and that she had subsequently spent three-and-a-half years in prison.

Reuters was not able independently to confirm Jauhiainen’s version of events, which she has recounted to media before.

“It was only around 2016 when she started telling me about her sister Shamsa and her escape and her own imprisonment,” said Jauhiainen, a Finnish national.

“I think she was very scared. She could have been imprisoned again.”

The government’s Dubai Media Office did not respond to a Reuters request for comment for this story.

FORMER FRENCH SPY

In the summer of 2017, Latifa, who told Jauhiainen that she had not been allowed to leave Dubai since 2000 and had no passport, asked Jauhiainen for help in trying to leave her homeland again.

Latifa had read the book “Escape from Dubai” by former French naval officer and spy Herve Jaubert some years before and wanted to contact him.

Jauhiainen went to the Philippines to meet Jaubert and the three of them began plotting the escape. For the two women, that meant clandestine discussions in the glitzy Dubai Mall, one of the world’s largest shopping centers.

“We would find a corner, we would switch off our mobile phones. So we were taking all the precautions,” said Jauhiainen, adding that Latifa would regularly change her email address to avoid detection.

“It was a bit scary so we didn’t want anyone to overhear the conversations or follow us or anything like that.”

Jaubert told Reuters that he planned the escape with Latifa and subsequently asked Jauhiainen to meet him in the Philippines on six or seven occasions to train her.

After six months, they were ready to put their plan into action. On Feb. 24, 2018, Latifa was dropped off by her driver at a cafe in downtown Dubai where she and Jauhiainen had been meeting regularly for breakfast.

Inside, she went to the bathroom to change her clothes, dumped her mobile phone and the pair set off on a six-hour drive from Dubai through Oman to its coastal capital Muscat.

“I didn’t sleep for two nights before the day of the escape,” Jauhiainen said. “Latifa was sitting next to me in the front seat - she had never sat in the front seat of a car, she was excited, happy.”

At Muscat, they met a friend of Jauhiainen, got in a dinghy, clinging to the sides in stormy conditions, to reach international waters where they got onto jet skis and boarded the U.S.-flagged boat Nostromo***.

COMMANDO OPERATION

They were heading for Goa on India’s west coast where Latifa hoped to journey on to the United States to seek asylum.

But on March 4 they were intercepted by commando units from India and the United Arab Emirates, Jauhiainen said.

“We had Indian coastguard boats surrounding us, there were helicopters, aeroplanes, the whole boat was filled with smoke,” she said. “They looted the boat, they beat the crew. Latifa was kidnapped kicking and screaming and the rest of us were kidnapped as well and taken to UAE.”

Jaubert said he captained the vessel and witnessed the raid. He said Indian navy commandos attacked and Latifa was taken off the boat by an Emirati officer. He added that he was beaten for 45 minutes, but did not specify by whom.

Reuters could not independently confirm his account.

Raveesh Kumar, a spokesman for India’s foreign ministry, did not respond to a request for comment on India’s alleged role in the operation.

Jauhiainen did not see Latifa again. In Dubai, she said she was threatened, held in solitary confinement and interrogated. She did not specify where or by whom.

“I was told I had stabbed the ruler of Dubai in the back by helping (his) daughter escape,” she said.

Two weeks before the attempted escape, Latifa made a 45-minute video recording in Jauhiainen’s apartment which she passed to supporters outside Dubai in case she failed to get away.

That video, in which Latifa launched an excoriating attack on her father, was made public after it went to UK-based campaign group Detained in Dubai and was posted on YouTube.

Three weeks after being taken back to Dubai, Jauhiainen was released and left.

Despite having lived in Dubai for 17 years, those who knew her no longer stay in contact, Jauhiainen said.

Jauhiainen said that most visitors to Dubai lived in a bubble of sun, sea and shopping malls, and did not know the truth about the country.


“If the daughters of rulers get locked up for just wanting to be free, what about the rest of the people there?”

***NOSTROMO THE NAME OF THE SPACESHIP IN ALIEN 
WHICH SHOULD HAVE BEEN AN IMMEDIATE INDICATION SOMETHING WAS HINKY 
Nostromo is a 1904 novel by Joseph Conrad. Nostromo may also refer to: Nostromo (TV serial), a 1997 British-Italian TV serial; Nostromo, the fictional starship in ...

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Web results

Nostromo is an Italian expatriate who has risen to his position through his bravery and daring exploits. ("Nostromo" is Italian for "shipmate" or "boatswain", but the name could also be considered a corruption of the Italian phrase "nostro uomo" or "nostr'uomo", meaning "our man").
Character set encoding: UTF-8 *** START OF THIS PROJECT GUTENBERG EBOOK 
NOSTROMO: A TALE OF THE SEABOARD 

Dubai's ruler abducted daughters and threatened former wife, UK judge rules
LONDON (Reuters) - Dubai’s ruler ordered the abduction of two daughters and orchestrated a campaign of intimidation against his former wife, a British judge has ruled, in what is likely to be a major blow to his reputation as a Middle East reformer.

FILE PHOTO: Jordanian Princess Haya bint Al-Hussein and her husband, Dubai ruler Sheikh Mohammed bin Rashid al-Maktoum (C), walk to the parade ring on Ladies Day, the third day of horse racing at Royal Ascot in southern England June 17, 2010. REUTERS/Luke MacGregor

Judge Andrew McFarlane said he accepted as proved a series of allegations made by Sheikh Mohammed bin Rashid al-Maktoum’s former wife, Princess Haya bint al-Hussein, during a custody battle over their two children at London’s High Court.

Haya, the half-sister of Jordan’s King Abdullah, fled to London on April 15 last year with the children, Jalila, 12, and Zayed, 8, fearing for her safety amid suspicions that she had had an affair with one of her British bodyguards.

Her lawyers argued that Mohammed’s treatment of two older daughters by another marriage showed her children were at risk of being abducted too.

As part of the custody case, Andrew McFarlane, President of the Family Court division in England and Wales, made a series of “findings of fact” about allegations raised by Haya, 45, during hearings over the last nine months.

McFarlane said he accepted her claim that Mohammed arranged for his daughter Shamsa, then aged 18, to be kidnapped off the streets of Cambridge in central England in 2000, and had her flown back to Dubai.

He also ruled it was proved that the sheikh had arranged for Shamsa’s younger sister Latifa to be snatched from a boat in international waters off India by Indian forces in 2018 and returned to the emirate in what was her second failed escape attempt.

Both remained there “deprived of their liberty”, McFarlane said.

After the ruling became public on Thursday, Mohammed said it only represented “one side of the story”.

“As a Head of Government, I was not able to participate in the court’s fact-finding process, this has resulted in the release of a ‘fact-finding’ judgment which inevitably tells only one side of the story,” he said in a statement issued by his lawyers.

He said a decision to allow the judgments to be made public did not protect his children “from media attention in the way that other children in family proceedings in the UK are protected”.

INTIMIDATION

In the judgments, McFarlane accepted that the sheikh subjected Haya to a campaign of intimidation which made her fear for her life.

He said the sheikh, who married Haya in 2004, had divorced her on the 20th anniversary of the death of her father King Hussein of Jordan, timing she said was deliberate.

“I have ... concluded that, save for some limited exceptions, the mother has proved her case with respect to the factual allegations she has made,” McFarlane said.

The sheikh, 70, vice-president and prime minister of the United Arab Emirates, did not appear himself during the court case and instructed his lawyers not to put forward a challenge to the claims, which his lawyers said he rejected.

The judgment does not amount to a determination of criminal guilt but it is likely to deal a reputational blow to the sheikh, regarded globally as the visionary force behind Dubai’s leap on to the international stage.

Asked how the findings might impact on the United Kingdom’s business relations with Dubai, British Foreign Secretary Dominic Raab told Reuters in Riyadh: “We’ll look at it very carefully before jumping to any conclusions.”

Haya’s lawyers suggested that the British Foreign Office had intervened to stifle a police probe into Shamsa’s disappearance, and McFarlane said the detective in charge had been refused permission to interview potential witnesses in Dubai.

However, the judge added it was “not possible to find on the balance of probability” that there had been direct intervention by the Foreign Office triggered by Mohammed or Dubai.

RESTRICTIONS LIFTED

The judge’s conclusions were made in December but could only be reported after restrictions were lifted after the UK Supreme Court earlier rejected Mohammed’s request for permission to appeal against their publication.

McFarlane said the allegations made by Haya about the abduction and torture of Shamsa and Latifa and the threats made against her were proved, with the exception of her claim that an arranged marriage was being sought between Jalila and Saudi’s Crown Prince Mohammed bin Salman.

Last July, the judge had issued a temporary forced marriage protection order in respect of Jalila over Haya’s fears but said these were only based on hearsay evidence.

“The allegations that the father ordered and orchestrated the kidnap and rendition to Dubai of his daughters Shamsa and Latifa are of a very high order of seriousness,” said McFarlane.

“They may well involve findings, albeit on the civil standard, of behavior which is contrary to the criminal law of England and Wales, international law, international maritime law, and internationally accepted human rights norms.”

McFarlane said the sheikh had denied all the allegations, but said of his account relating to Shamsa and Latifa that “he has not been open and honest with the court”.

“I have found that he continues to maintain a regime whereby both of these two young women are deprived of their liberty, albeit within family accommodation in Dubai,” he said.

The sheikh married Haya, believed to be his sixth wife, in 2004. McFarlane said in his judgment that at some stage in 2017 or 2018, she had an affair with one her bodyguards and her relationship with her husband had deteriorated by early 2019 when she left Dubai.

Mohammed’s lawyer told the court Haya had closed the children’s bank accounts and withdrawn about $32 million before arriving in Britain.


FRIENDS OF UK ROYALS

Haya and Mohammed are both on friendly terms with members of the British royal family and in the past the sheikh, one of the founders of the Godolphin horse racing stable, has been pictured with Queen Elizabeth at Britain’s Royal Ascot horse races.

Haya, who shares his love of horses and competed in equestrian jumping in the 2000 Olympics in Sydney, was schooled in Britain and is now living with their children in the couple’s luxury mansion near Kensington Palace in west London.

McFarlane said the case had been unique.

Outside the austere wood-pannelled courtroom of the Royal Courts of Justice, four or five bodyguards wearing earpieces patrolled, with only lawyers and a small number of journalists, including Reuters, allowed to be present.

The lawyers’ benches were filled with some of Britain’s most senior legal operators including David Pannick, who successfully represented anti-Brexit campaigners in two high-profile court victories over the government and was drafted in by Mohammed to lead his team during the case.

Haya herself attended all the hearings, accompanied by her legal team which included Fiona Shackleton who represented British heir-to-the-throne Prince Charles in his divorce from his late first wife Princess Diana.

Giving evidence in person last November, she told McFarlane she feared the sheikh would abduct her two children, take them back to the Gulf Arab state and she would never see them again.

“I have seen what has happened to their sisters and I can’t face the fact that the same might happen to them,” she said.


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Chile changing: transgender student leader lends voice to renewed protests
SANTIAGO (Reuters) - As the long southern hemisphere summer holiday draws to an end this month, students in Chile are returning to college - but not always to classes. Many are getting ready to head out into the streets and breathe new life into the protests that rocked the country last year.


Chilean Emilia Schneider, a transgender woman, student and political activist, attends a gathering during the public launch of the campaign for the 2020 plebiscite, in Santiago, Chile, February 26, 2020. REUTERS/Pablo Sanhueza

Organizers of marches to mark International Women’s Day on Sunday are hoping to attract large crowds. Last year, an estimated 200,000 to 300,000 attended the one in Santiago.

One of the loudest and most influential voices pressing for change is Emilia Schneider, a transgender, feminist and militant leftist who is the leader of the Student Federation of the University of Chile (Fech), the country’s oldest student union.

The Fech is known for its role in demonstrations for free education between 2011 and 2013 that brought Chile and its student leaders global attention. But it was caught on the backfoot in October last year when civil disobedience over public transport fare hikes spiraled into weeks of widespread violence and demonstrations over inequality and elitism.

The protests were Chile’s most profound unrest since the end of Augusto Pinochet’s dictatorship in 1990. They cost the economy millions of dollars, at least 31 people died, more than 3,000 were injured, and 30,000 were arrested.

Now, the Fech is joining in, and has endorsed the protesters’ demands for deep societal changes.

“We are the sons and daughters of neo-liberal Chile and the shortcomings that came with it,” Schneider, a 23-year-old law student, told Reuters this week in an interview at the headquarters of the Fech.

“We had seen years of protests in this country but the demands had not been heeded,” she said, citing the highly privatized provision of services such as health, education and pensions that had sparked a “sense of discomfort that built up over years.”

Schneider said she has benefited from a Gender Identity Law that allows people to legally change their name and sex and took effect in December last year. The passing of the law caused shockwaves in the historically conservative and predominantly Catholic country, where divorce was legalized just 16 years ago and abortion is allowed only in extreme situations.

She argues that her gender change was only made possible by her privileged position as a student leader and the support of her liberal family. Many like her still face job insecurity, discrimination, and patchy access to health services, she said.

Schneider has a potent link to the country’s dark past: her great-grandfather was General Rene Schneider, a well-known figure in Chile who opposed plans for a military coup in 1970 and was killed by a far-right group.

Older Chileans lived through the chilling effect of the 1973-1990 dictatorship but younger people protesting had less “fear of participating in politics,” she said.

President Sebastian Pinera has sought to address protesters’ grievances by sacking his most unpopular ministers and introducing new laws to improve salaries, pensions and healthcare. He also backed a growing clamor for a new constitution to replace the incumbent drafted during the Pinochet regime.

But many remain dubious about his ability to push the laws through a divided Congress and, if he does, how much change they will really bring.

Schneider has turned her organization’s focus to lobbying for influence over the new constitution and specifically the participation of more women in the drafting of the new text if it is approved in a referendum on April 26.

“We want a feminist constitution,” she said, “one that guarantees sexual and reproductive rights, gender equality and greater participation by women and those who do not conform to traditional genders.”

Chile may be changing, she said - but not fast enough. “We have to keep seeking new policies to generate fresh changes,” she said. “Protests alone will not get us there.”


SEE https://plawiuk.blogspot.com/search?q=CHILE+PROTEST


ICC clears way for probe of alleged Afghanistan war crimes

THE HAGUE (Reuters) - Prosecutors at the International Criminal Court will investigate whether war crimes were committed in Afghanistan by the Taliban, Afghan military and U.S. forces after an appeals panel said on Thursday the “truth-seeking” inquiry should go ahead.

The ICC decision, which came days after the United States agreed to pull its troops from the long-running conflict, opens the way for prosecutors to launch a full investigation, despite U.S. government opposition.

“The appeals chamber considers it appropriate to...authorize the investigation,” presiding Judge Piotr Hofmanski said at the court in The Hague. He said prosecutors’ preliminary examination in 2017 had found reasonable grounds to believe war crimes were committed in Afghanistan and that the ICC has jurisdiction.

U.S. Secretary of State Mike Pompeo quickly condemned the decision as “a truly breathtaking action by an unaccountable political institution, masquerading as a legal body”.

“It is all the more reckless for this ruling to come just days after the United States signed a historic peace deal on Afghanistan – the best chance for peace in a generation,” he said.

“The United States...will take all necessary measures to protect our citizens from this renegade, so-called court.”

Afghanistan is a member of the ICC, though Kabul has argued that any war crimes should be prosecuted locally.

The U.S. government has never been a member of the court, which was established in 2002. U.S. President Donald Trump’s administration imposed travel restrictions and other sanctions against ICC employees a year ago.

Prosecutor Fatou Bensouda wants to investigate possible crimes committed between 2003 and 2014, including alleged mass killings of civilians by the Taliban, as well as the alleged torture of prisoners by Afghan authorities and, to a lesser extent, by U.S. forces and the CIA.

“The many victims of atrocities committed in the context of the conflict in Afghanistan deserve to finally have justice,” Bensouda said after the ruling. “Today they are one step closer.”

UNCERTAIN CHANCES

A pre-trial panel last year had rejected her request to open an investigation. It argued that the odds of success were low, given the passage of time and the lack of cooperation from Kabul and Washington, and said that an investigation would not “serve the interests of justice.”

ICC prosecutors’ initial examination concluded there was a “reasonable basis to believe” U.S. forces had committed “crimes of torture, outrages upon personal dignity and rape and other forms of sexual violence”. The examination cited cases in Afghanistan as well as at secret Central Intelligence Agency facilities in Poland, Romania and Lithuania.

Human rights groups welcomed Thursday’s ruling.

“Too many ICC states have cooperated with the U.S. to set up the global torture program, we now call on these same states to cooperate with the ICC prosecutor’s investigation,” said Katherine Gallagher of the Center for Constitutional Rights.

U.S. forces and other foreign troops entered Afghanistan in 2001 after the Sept. 11 al Qaeda attacks on the United States, and overthrew the Taliban government, which had been protecting al Qaeda leader Osama bin Laden.

FILE PHOTO: U.S. troops assess the damage to an armoured vehicle of NATO-led military coalition after a suicide attack in Kandahar province, Afghanistan August 2, 2017. REUTERS/Ahmad Nadeem

In what has become the United States’ longest war, about 13,000 U.S. troops remain in Afghanistan.

The United States and the Taliban signed an agreement on Saturday to withdraw thousands of U.S. troops, but Washington carried out an air strike on Taliban fighters on Wednesday. [uL4N2AX2GL]

The ICC was set up to prosecute war crimes, genocide and crimes against humanity. It has jurisdiction only if a member state is unable or unwilling to prosecute atrocities itself.

ICC authorizes investigations of war crimes in Afghanistan


U.S. Army soldiers lead a military training exercise for Afghan National Police officers in Herat, Afghanistan. The ICC ruling Thursday authorizes investigations into potential war crimes committed by U.S. personnel. File Photo by Hossein Fatemi/UPI | License Photo

March 5 (UPI) -- Judges of the International Criminal Court ruled Thursday that investigations can go forward into whether forces of the United States, Afghanistan and the Taliban committed war crimes.

The judges voted unanimously to authorize the inquiries, which cover purported war crimes committed since 2003, as well as other crimes that "have a nexus to the armed conflict in Afghanistan" and were "committed on the territory of other States Parties" since 2002.

The ICC's pre-trial body had initially rejected the request because of a lack of cooperation from the Afghanistan government, the Taliban and the United States.

"The Appeals chamber considers it appropriate to ... authorize the investigation," Judge Piotr Hofmanski wrote in the 35-page ruling.

The Trump administration had rebuffed ICC chief prosecutor Fatou Bensouda's request to investigate the actions of U.S. troops in Afghanistan a year ago, and the State Department revoked Bensouda's visa and said it would deny access to other ICC staffers investigation the U.S. military.

"Having considered the prosecutor's grounds of appeal against the pre-trial chamber's decision, as well as the observations and submissions of the Islamic Republic of Afghanistan, representatives of victims and other participants, the appeals chamber found that the pre-trial chamber erred in considering the 'interests of justice factor' when examining the prosecutor's request for authorization to open an investigation," the ICC said in a statement.

The ICC investigates and rules on cases involving war crimes, genocide and crimes against humanity suspected by nationals of a signatory state or supposedly happened on the territory of one of its member states.



Afghan war crimes probe must go ahead, ICC judges say



AFP/File / Shah MARAIThe US has never joined the ICC and does not recognise its authority over American citizens

International war crimes judges ruled on Thursday that a probe into wartime abuses in Afghanistan must go ahead, including looking into possible atrocities committed by US forces, as they overturned a previous court ruling.

The call was immediately hailed by human rights organisations as a "pivotal moment" for victims of the central Asian country's 18-year-war since the 2001 US invasion.

But US Secretary of State Mike Pompeo attacked the International Criminal Court's decision as a "reckless" move and "a truly breathtaking action by an unaccountable political institution masquerading as a legal body".

Guissou Jahangiri, deputy president of the International Federation for Human Rights, called the ICC decision "a pivotal moment for victims in Afghanistan and beyond".

It sends "a much-needed signal to current and would-be perpetrators of atrocities that justice may one day catch up to them," Human Rights Watch's Param-Preet Singh added.

Pompeo, speaking at a news conference however said it was "all the more reckless for this ruling to come just days after the United States signed a historic peace deal on Afghanistan, which is the best chance for peace and a generation."

- Interest of justice -

Pre-trial judges at the ICC -- an independent court set up in 2002 to try the world's worst crimes -- last year rejected a demand by its chief prosecutor to open a full-blown probe into crimes committed in the war-torn nation.

Prosecutors at The Hague appealed the move, saying that the judges made an error when they slapped down Fatou Bensouda's request by saying although it met all the right criteria and a reasonable basis, it was "not in the interest of justice".

The appeals judges agreed with the prosecution.

"The prosecutor is authorised to commence an investigation into alleged crimes committed on the territory of Afghanistan since May 1, 2003," ICC judge Piotr Hofmanski said.

"It is for the prosecutor to determine whether there is a reasonable basis to initiate an investigation."

Pre-trial judges are only called upon to see if there is a reasonable basis for an investigation and not to "review the prosecutor's analysis", he said.

In fact, the appeals judges said, prosecutors could even look into possible atrocities outside of Afghanistan if they were clearly linked to its armed conflict.

ICC prosecutors previously said their investigation would include alleged war crimes by US Central Intelligence Agency operatives at detention facilities, referred to as "black sites" in ICC member countries like Lithuania, Poland and Romania.

At least 24 suspects were subjected to torture at these secret prisons between 2003-2004, the prosecutors said.

In 2006, the ICC's prosecutors opened a preliminary probe into possible war crimes and crimes against humanity in the central Asian nation since 2003.

In 2017 Bensouda asked judges to allow a full-blown inquiry, not only into Taliban and Afghan government personnel but also international forces, US troops and CIA members.

But pre-trial judges then said it "would not serve the interests of justice" and that the court should focus on cases with a better chance of success.

- Backlash -

Bensouda's move had unleashed a backlash from Washington, which in April last year revoked the Gambian-born chief prosecutor's visa as part of broader restrictions on ICC staff probing American or allied personnel.

Former national security advisor John Bolton warned in 2018 that the US would arrest ICC judges if the court pursued an Afghan probe.

The US has never joined the ICC and does not recognise its authority over American citizens, saying it poses a threat to national sovereignty.

Washington argues that it has its own procedures in place to deal with US troops who engage in misconduct.

Afghanistan also opposes the inquiry, saying the country itself had "responsibility to bring justice for our nation and for our people".

The ICC's ruling comes days after Taliban militants killed at least 20 Afghan soldiers and policemen in a string of overnight attacks, throwing the country's nascent peace process into grave doubt.

Under the terms of a recent US-Taliban agreement, foreign forces will quit Afghanistan within 14 months, subject to Taliban security guarantees and a pledge by the insurgents to hold talks with Kabul.

A US-led force invaded Afghanistan in 2001 following the 9/11 terror attacks in the US, targeting Al-Qaeda in the sanctuaries provided by the Taliban government.

Fighting has continued ever since -- last year more than 3,400 civilians were killed and almost 7,000 injured, according to data provided by UN agencies.



International court backs Afghan war crimes probe

Appeal judges at the International Criminal Court have given prosecutors the go-ahead to launch an investigation into alleged war crimes by Taliban, Afghan and US forces.



The International Criminal Court (ICC) on Thursday authorized an investigation into possible war crimes and crimes against humanity committed in Afghanistan. The probe targets US, Afghan and Taliban forces as well as intelligence personnel.

The ruling came only days after the US and the Taliban signed an ambitious peace deal to end conflict in Afghanistan. 

The Hague-based international court upheld an appeal by prosecutors against an earlier deision to block an investigation.

Pretrial judges last year acknowledged that widespread crimes had been committed in the war-torn Asian country and that there was sufficient basis for the investigations. However, they rejected a probe on the basis that too much time had passed and that the anticipated lack of international cooperation would also result in a likely unsuccessful inquiry.

Read more: Why is Germany putting an Afghan man on trial for war crimes?

US refuses ICC cooperation

The rejection triggered criticism from human rights organizations who said the decision impeded justice for victims in Afghanistan and effectively rewarded countries that refused to collaborate with the ICC.

At a hearing in December, prosecutors argued that pretrial judges at the ICC abused their powers when they rejected the request. The appeals judges then agreed to authorize an investigation. 

"The Appeals Chamber considers it appropriate to amend the appealed decision to the effect that the prosecutor is authorized to commence an investigation into alleged crimes committed on the territory of Afghanistan since May 1, 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan,'' Presiding Judge Piotr Hofmanski said.

However, despite the authorization, it remains to be seen if any suspects eventually indicted by prosecutors will appear in The Hague court.

Both the US and Afghanistan have strongly opposed the probe. Washington refuses to cooperate with the ICC and does not recognize its jurisdiction over US citizens.

Read more: How does the International Criminal Court answer criticisms that it is illegitimate?

'Torture, rape and sexual violence'

After a decades-long preliminary probe in Afghanistan, Prosecutor Fatou Bensouda asked judges in November 2017 to authorize an in-depth investigation.

The ICC prosecutor said there is information that members of the US military and intelligence agencies "committed acts of torture, cruel treatment, outrages upon personal dignity, rape and sexual violence against conflict-related detainees in Afghanistan and other
locations, principally in the 2003-2004 period.''

Bensouda also said the Taliban and other rebel groups have killed more than 17,000 Afghan civilians since 2009, including around 7,000 targeted killings, and alleged that Afghan security forces tortured prisoners at government detention centers.

mvb/rt (AP, dpa, Reuters) 



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Date 05.03.2020
Related Subjects International Criminal Court (ICC)Afghanistan
Keywords ICCAfghanistanwar crimes
Permalink https://p.dw.com/p/3Ytry

Thursday, March 05, 2020

Viewers call out Nik Wallenda's live volcano high-wire crossing for safety precautions

High-wire artist Nik Wallenda crossed Nicauragua's active Masaya Volcano during the ABC special Volcano Live! Wednesday night. And he had to worry about a lot more than just keeping his balance.

This volcano is one of only eight volcanoes in the world to have a lava lake, filled with 2,000-degree molten rock. The volcano also emits a toxic fog that is made up of hydrogen fluoride, hydrogen sulfide, hydrochloric acid, sulfur dioxide, and carbon dioxide gasses, which required that the high-wire cable be coated in special material to keep from corroding.

Wallenda wore a gas mask and sealed goggles to keep the toxic fumes from burning and incapacitating him. Despite the safety precautions, he said that the gasses managed to burn his eyes.

At a height of 1,800 feet, this was Wallenda's highest walk. He later admitted it was also his windiest. There was one point during the walk in which viewers could really see Wallenda battling the wind.

Despite the toxic gasses, 2,000-degree lava, gusting winds, and the fact that this was his longest and highest crossing of his career, many viewers complained on Twitter about Nik wearing a safety harness, causing quite a feud to emerge between haters and fans.


It should be pointed out that Wallenda normally uses a safety harness, including his walks across Niagara Falls and Times Square. In fact, the only major walk he has done in the last eight years without a safety harness was the Grand Canyon in 2013.

The entire crossing took Wallenda a little over 31 minutes. He spent much of that time praying, as well as pitching his new book Facing Fear. When he did finally finish the walk, he was greeted by hugs, cheers, and place in the history books.

NIk Wallenda becomes the first person to walk over an active volcano
Image
Overcoming fear. #VolcanoLivewithNikWallenda pic.twitter.com/vfj2AeQwai— Nik Wallenda (@NikWallenda) March 5, 2020

March 4 (UPI) -- Nik Wallenda became the first person to walk a high wire directly over an active volcano on Wednesday night.

The 41-year-old known as the "King of the Wire" successfully completed the 1,800-foot-long walk over the Masaya Volcano in Nicaragua in a two-hour ABC special titled "Volcano Live! with Nik Wallenda."

"It was amazing," said Wallenda. "The first half of the walk, just being able to see that volcanic lava down there ... absolutely mesmerizing."

What would you be thinking if you were in Nik's shoes right now? 


VIDEO ON TWITTER
#VolcanoLivewithNikWallenda pic.twitter.com/uXFQH2ujWD— Nik Wallenda (@NikWallenda) March 5, 2020

Wallenda added that the wind conditions were unpredictable and the gasses from the volcano burned his eyes, which were protected by a gas mask.

"I just put myself in my back yard training," he said. "I just put myself back there and just mentally went 'OK, you're fine, you've walked in stronger winds than this.'"

Wallenda previously broke a Guinness World Record over the summer when he walked 1,808 feet across a tightrope in a Canadian city 30 feet over the ground in about 30 minutes.

He has also walked 25 stories above Time Square, faced what he described as the "intimidating roar of falls" and "blinding mist" as he made a 1,800-foot-long trek 170 feet above Niagara Falls, and walked a wire 1,500 feet above an Arizona gorge near the Grand Canyon without a harness.


---30---
USA 
Lawyer challenging abortion law reacts to Supreme Court arguments

Kate Smith, CBS News•March 6, 2020

Julie Rikelman, an attorney at the Center for Reproductive Rights, has spent years working on June Medical Services v. Russo, a Supreme Court case that could dramatically alter abortion access in the United States.

All that work was realized Wednesday during oral arguments when Rikelman was given 30 minutes to deliver arguments and take questions from justices on the newly-conservative high court. Speaking from the steps of the Supreme Court immediately following the hearing, Rikelman said she "felt good.""I think I was able to answer all of the justice's questions. I felt prepared," Rikelman said during an interview with CBS News.At the center of Wednesday's case is Louisiana Act 620, the "Unsafe Abortion Protection Act," a 2014 law that requires doctors who provide abortions to have privileges to admit patients at a nearby hospital. While the state says it's designed to improve patient safety, critics, like Rikelman's firm, say it's intended to shut down clinics that provide abortion.

Just weeks after it was signed into law, the Center for Reproductive Rights challenged the restrictions, largely blocking it from ever going into effect. The Supreme Court's decision, expected later this year, will ultimately determine whether or not the law can be implemented. Today, only one doctor currently providing abortions in the state is in compliance with the regulation. If the law were to go into effect, that physician has said he would step down, effectively making Louisiana the first state to be without an abortion clinic since Roe v. Wade, the 1973 Supreme Court decision that legalized the procedure.On Wednesday, the Supreme Court held oral arguments, an hour-long hearing where each side presents their case and take queries from justices.
CBS News' Kate Smith interviews Julie Rikelman, an attorney at the Center for Reproductive Rights Gilad Thaler

Rikelman said the justice's questions were in line with what she was expecting."They asked questions about why this law could potentially be different than the Texas law," Rikelman said, referencing Whole Woman's Health v. Hellerstedt, a Supreme Court case in 2016 that struck down an identical law out of the neighboring state. "Why should the outcome for the state of Louisiana be different from its neighbor Texas?"In 2016, Chief Justice John Roberts dissented from the court's decision in Whole Woman's Health. On Wednesday, Roberts, as well as Justice Brett Kavanaugh, asked Rikelman whether Louisiana's admitting privileges were inherently unconstitutional or could the regulation be legal if abortion access wasn't impacted."What I said is the court has already said that admitting privileges have no benefit for patients," Rikelman said. "They do nothing for health whatsoever. And generally, laws that have no benefit, can't be constitutional."The Louisiana Attorney General's Office did not make Liz Murrill, the attorney defending the state's regulation, available for an interview following arguments on Wednesday.Justices, in particular Justice Samuel Alito, also questioned Rikelman on whether or not it was appropriate for abortion clinics to represent patients in cases, like Wednesday's, that challenged abortion regulations, a question that was raised to the court by Louisiana last year. Per the state's argument, people seeking an abortion should be capable of legally challenging abortion restrictions."Once a woman finds out she's pregnant, she has only a few weeks to get an abortion and she'd have to file the case in that exact window of time," Rikelman said. "And for our case, she'd then have to keep it going for five and a half years. The state hasn't explained what would be different if there was a woman in this case instead of the physicians."

In June Medical Services v. Russo, as well as more than a dozen other abortion-related cases in the Supreme Court's pipeline, the plaintiff is an abortion provider, not a patient.

"This law applies to doctors, it doesn't apply to the patients. It directly regulates the doctors," Rikelman said. "It is a strategy that has been used in order to obstruct abortion is to impose requirements on doctors and clinics. So, it would be ironic if the doctors couldn't then challenge those laws."Rikelman said that if the court were to side with Louisiana on the issue of standing, the impact would be "devastating.""The reality is that most women can not bring these cases themselves," Rikelman said. "And the court has really recognized that before. Women are concerned about their privacy. They're concerned about the stigma. There are protestors outside clinics in Louisiana taking pictures of people who go in and out of the clinics, and in an age of social media, it would be very difficult for a woman to keep her decision private."

Argentina farmers announce strike after soya exports tax hike

AFP•March 5, 2020


Soya beans are one of Argentina's major exports, alongsiude soya flour and soya oil, where the South American country is the world leader (AFP Photo/JUAN MABROMATA)More

Buenos Aires (AFP) - Argentina's farmers announced on Thursday a four-day strike after the government of President Alberto Fernandez increased tariffs on soya exports just three months after already hitting the agricultural sector with higher taxes.

Soya is Argentina's biggest export commodity and the government hiked tariffs from 30 to 33 percent on Thursday.

The industrial action announced by the four farming employers federations is the first to hit Fernandez since he assumed power in December.

When Fernandez took over, he imposed 30 percent tariffs on soya exports and 12 percent taxes on other agricultural products such as corn and wheat as part of a plan to tackle an economic crisis.

Argentina has been in recession for more than 18 months while it is desperately trying to renegotiate some of its debt -- which stands at more than 90 percent of GDP -- to stave off a damaging default.

The latest tax increase was published in the government's official bulletin on Thursday following days of meetings between Agriculture Minister Luis Basterra and representatives of the farming sector.

In 2008, then-president Cristina Kirchner -- currently the vice-president -- provoked a clash with agricultural businesses by ramping up export taxes.

The country was practically paralyzed by the ensuing protests.

Fernandez, who was cabinet chief at the time, resigned.

"Once again it will be the countryside that will pay the debts and costs of a crisis we didn't generate," said the Rural Society of San Pedro, one of the most active agricultural interest groups during the 2008 face-off.

Argentina's GDP shrank by 2.1 percent in 2019 after a similar fall of 2.5 percent the year before.

Inflation is at more than 50 percent while poverty and unemployment are on the rise.

In 2019, Argentina exported 29.65 million tons of soya flour, 10.12 million tons of soya beans and 5.29 million tons of soya oil.

Argentina is the world's largest exporter of soya flour and in 2019 become number one in soya oil, too.
Delhi's displaced scrape a living after deadly riots
By Alasdair Pal and Devjyot Ghoshal, Reuters•March 4, 2020



People look towards a relief camp in Mustafabad in the riot-affected northeast of New Delhi

By Alasdair Pal and Devjyot Ghoshal

NEW DELHI (Reuters) - Mohammed Anees fled his home in northeastern New Delhi last week as Hindu-Muslim clashes erupted in his area, escaping with his family of four to a relative's home. He had only a few hundred rupees in his wallet, leaving everything else behind.

Now the 37-year-old Muslim mechanic is among more than 1,000 people sheltering in a large open-air mosque that has been turned into a relief camp in the Mustafabad area of the Indian capital and opened on Monday.

"I don't have any money left now," Anees said, showing pictures of his ransacked home that he visited on the weekend on his cracked mobile phone.

With jewelry and savings looted and afraid of more violence, he moved to the camp with his wife and three children, victims of the worst communal riots in New Delhi for decades. More than 40 people were killed and hundreds injured.

Anees lived in Shiv Vihar, where two large mosques and dozens of Muslim houses surrounding it were torched. Houses with Hindu symbols were largely left untouched.

In total, some 2,000 people are believed to have been displaced, local politician Amanatullah Khan said. Hundreds of those are taking shelter on the floors of private homes.

"The police brought us and left us here," said Mohammed Uddin, 70, outside a cramped house where dozens of people packed into an entrance foyer. "They didn't even check if we were hurt."

Many of those displaced, who are overwhelmingly Muslim, have moved to the Mustafabad camp, where a kitchen provides free meals and volunteer doctors are treating victims.

Rashid Ali, a local resident helping organize the camp, said they had received some help from the Delhi government, run by a regional party.

On a long desk outside the mosque premises, a small group of lawyers helped the victims of riots file for compensation ranging from 25,000 rupees ($341.34) to 100,000 rupees.

Seema Joshi from Delhi's ruling Aam Aadmi Party, who was helping the legal team, said around 500 applications had been made, though many people showed up without any paperwork since they fled in a hurry without documents or had belongings burnt.

In the narrow streets surrounding the mosque, women jostled for food supplies as children rummaged through piles of second-hand clothes donated to victims.

On a loudspeaker, an announcer asked for volunteers to clean an overflowing toilet attached to the relief camp.

"A lot of people are facing depression," said Wasim Qamar, a doctor at the camp. "People saw terrible things. Some of them can't eat or sleep. They are very fearful."

Describing the violence as "one-sided and well-planned" against Muslims, the Delhi Minorities Commission - a government-appointed body that focuses on minority groups - said the Delhi government's compensation package was inadequate after surveying riot-hit areas on Tuesday.

Saurabh Bharadwaj, a lawmaker from Aam Aadmi, said the party was trying to improve its response to the emergency.

Some leaders from Prime Minister Narendra Modi's ruling Bharatiya Janata Party have accused opposition groups of fanning the violence, saying that Muslims targeted Hindus during the clashes.

Shabira, 55, and her family were rescued by police early last Wednesday from Shiv Vihar, leaving their home with nothing but what they were wearing.

At the relief camp, she said she was getting basic amenities - food, shelter and diapers for her infant grandchild.

"I want my house back," she said, in tears. "I just want to go back."

(Reporting by Alasdair Pal and Devjyot Ghoshal, additional reporting by Anushree Fadnavis; editing by Mike Collett-White)
Sen. Ted Cruz Hatches Plan to Curtail the International Criminal Court’s Power

“If there was some other kind of legal maneuver like this available, I strongly suspect it would have been exploited before now.”
Laurel Miller, Asia Director for the International Crisis Group and formerly the State Department’s Special Representative for Afghanistan and Pakistan

Betsy Swan,The Daily Beast•March 5, 2020
LAST YEAR PHOTO BEFORE HE GREW BEARD
Carlos Barria/Reuters

Sen. Ted Cruz is aiming to dramatically curtail the power of the International Criminal Court, The Daily Beast has learned. The Texas Republican is working to garner support for a resolution that would call on the UN Security Council to bar the ICC from bringing charges against people from states who aren’t parties to the treaty that governs it—which would include Russia, China, the U.S., and Israel.

The resolution would also condemn the court for investigating American soldiers and Israeli officials, per a Republican aide familiar with Cruz’s outreach. Cruz has indicated that he expects bipartisan support for the effort, the aide said. One human rights expert said Moscow and Beijing would also likely welcome the effort. Trump administration officials—notably Secretary of State Mike Pompeo—have also lambasted the court.

Cruz laid out his strategy in a closed-door meeting with American Israel Public Affairs Committee (AIPAC) activists on Capitol Hill earlier this week, the aide said. In the meeting, Cruz said he expected Russia and China to support the proposed UN Security Council resolution because they also worry the court could target their citizens. Cruz also told the group that he expected British and French diplomats to be open to the effort out of concerns about the court’s legitimacy.

“The United States will not sit idly by while unaccountable political operatives convene kangaroo courts in foreign countries to prosecute and persecute American soldiers and the soldiers of our allies,” the senator said in a statement provided to The Daily Beast. “I will work with my colleagues and the Trump administration on measures aimed at countering this decision, including and especially through a United Nations Security Council resolution that would prohibit the ICC from prosecuting the nationals of non-member states.”
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The effort comes after the court greenlit a move by its top prosecutor to investigate war crimes in Afghanistan—including crimes potentially committed by American perpetrators.

A treaty called the Rome Statute, agreed to in 1998, established the court to hear cases against people charged with genocide, war crimes, and other crimes against humanity. More than 100 countries are party to the treaty; the U.S., Israel, Russia, and China are not.

In December 2019, the court’s top prosecutor announced she would investigate potential war crimes committed by Israel in the West Bank and the Gaza Strip. Cruz pointed to the investigation in remarks at the AIPAC conference in Washington last week, calling the court “one of the most profound threats to Israel.”

Bolton Threatens International Criminal Court With Sanctions if It Keeps Probing Alleged U.S. War Crimes

Daniel Balson, Amnesty International’s advocacy director for Europe and Central Asia, told The Daily Beast that authoritarian governments will likely cheer the move.

“The hostility to the ICC evinced by the Trump Administration and its allies may be welcomed by governments in Moscow and Beijing but it is a minority view around the world,” Balson said. “Most UN member states have taken the considered decision to join the court. In seeking to leverage the UN Security Council against the ICC, Sen. Cruz believes he’s asserting American sovereignty. In reality, he’s expressing contempt for both international law and the sovereignty of others.”

And Laurel Miller, Asia Director for the International Crisis Group and formerly the State Department’s Special Representative for Afghanistan and Pakistan, told The Daily Beast that Cruz’s plan sounded infeasible.

“That doesn’t sound very plausible to me,” she said. “If the U.S. could have achieved something like that, it would have done so much sooner.”

“The U.S. has been opposed to the idea of the ICC being able to assert jurisdiction over Americans for many years, and during the Bush administration there was a big effort spearheaded by John Bolton in the State Department to get countries to promise not to hand over Americans,” she added. “If there was some other kind of legal maneuver like this available, I strongly suspect it would have been exploited before now.”