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Posted By Sarah Leah Whitson

Libya's National Transitional Council (NTC) warmly accepted the international community's military and political support for dislodging the Qaddafi government, and vowed to build a new state that would respect human rights. But it seems to be veering off course. Not only is it rejecting international human rights monitoring and the ICC's jurisdiction, but more troubling still, it has passed some shockingly bad laws, mimicking Qaddafi laws criminalizing political dissent and granting blanket immunity to any crimes committed in "support" of the revolution.

The NTC has a lot on its hands, and building a new administration from the ground up is no small feat. Its biggest challenge has been asserting authority over the armed groups in most towns, villages and city neighborhoods who are responsible for most abuses in post-Qaddafi Libya. The militias hold about 5,000 of the country's roughly 8,000 detainees. Some have been held for up to a year, outside Libyan law, without any charge or judicial process. Numerous cases of torture and even deaths in custody have been documented.

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MAHMUD TURKIA/AFP/GettyImages

Posted By Ellen Lust

Virtually nobody took this week's Syrian elections seriously. It is easy to understand the nearly universal skepticism about balloting in the midst of ongoing killing in a manifestly undemocratic regime. Even when regimes have the best intentions, elections held in such difficult circumstances are rarely credible -- and few believe that Syrian President Bashar al-Assad has the best intentions. A U.S. State Department spokesman declared that the balloting "bordered on the ludicrous."                                       

But this misses the point. There is a very real political logic behind the conducting of these elections -- one familiar to decades of such elections under Arab authoritarian regimes, and one which points to the coming terrain of the unfolding political struggle in Syria. The significance of the seemingly insignificant elections lies in the crucial battle over expectations about the regime's future. Put simply, the elections are meant to signal that the regime is strong, and its downfall unthinkable. Even though results have not yet been announced, the elections demonstrate that the regime is in control, both of the process and the outcomes, and the political game must be played on their terms. 

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LOUAI BESHARA/AFP/GettyImages

Posted By Zeinab Abul-Magd

For most people in the world, retirement is a time of idleness and careful penny-pinching of pensions or savings. Senior Egyptian military officers, however, are not most people in the world. Upon retiring from his post, a senior officer in Egypt's military becomes a governor of a province, a manager of a town, or a head of a city neighborhood. Or he might run a factory or a company owned by the state or the military. He might even manage a seaport or a large oil company. Luckily for him, he also retains his Armed Forces pension, on top of the high salary for his new civilian job. This privileged group holds almost every high position in the state. Egypt is par excellence a republic of retired generals.

Egypt's first post-Mubarak presidential election is rapidly approaching, scheduled to begin at the end of May. Candidates of varied political stances are enthusiastically campaigning in media and touring the length of the country offering promises on everything from security to education to foreign policy. But amid this busy atmosphere, there is silence on the most sensitive and crucial question: Will any civilian winner be able to demilitarize the Egyptian state? 

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AFP/GettyImages

Posted By Mary Casey

 

On April 17, 2012, M. Cherif Bassiouni, international Arab legal expert and Chairman of the Bahrain Independent Commission of Inquiry joined Middle East Channel editor Marc Lynch for a short conversation at George Washington University's Institute for Middle East Studies. Among the topics covered: Bahrain's response to the BICI recommendations, former Yemeni President Ali Abdullah Saleh's immunity deal, a war crimes tribunal for Syria...and why Muammar al-Qaddafi's sex addiction will make it difficult to convict Saif al-Islam.

Posted By Marc Lynch

The United Nations should establish an investigation commission to collect evidence about war crimes in Syria to prepare the ground for any future investigation, leading Arab international law expert Cherif Bassiouni told Foreign Policy during a wide-ranging interview yesterday following his talk at George Washington University's Institute for Middle East Studies [videos of both the interview and the talk will be posted shortly]. He warned that Yemen's Ali Abdullah Saleh should not count on his immunity deal holding up, discounted the ability of Libya's courts to try Saif al-Islam Gaddafi, and blasted Egypt's post-revolutionary trials as focusing on flimsy, marginal cases which avoided dealing with systemic, institutionalized corruption.   

Also, he explained that Moammar Qaddafi was a sex addict whose heavy use of Viagra badly affected his decision-making -- which could complicate the ICC's efforts to convict Saif al-Islam (FP's web editors wanted that to be the lead, for some reason).

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Posted By Curtis R. Ryan

The government of Prime Minister Awn Khasawneh unveiled its new draft electoral law this week. Promulgated by the government, and then issued by royal decree, the new law now goes to parliament for study and debate. The response has been swift, with the debate occurring not only under the dome of the Jordanian Parliament, but also throughout society -- from street discussions, to cafes, to the twitterverse. Political parties in particular have been quick to condemn the new law, with the opposition threatening an electoral boycott that would render the whole process meaningless. Today, activists are participating in major demonstrations protesting the proposed law and commemorating the 23rd anniversary of the 1989 unrest that led to the liberalization process in the first place.

These demonstrations, then, are not new. The kingdom has seen street demonstrations almost every Friday since December 2011 calling for various aspects of reform: combating corruption (especially in the context of the economic privatization process), checks and balances between the branches of government, a more independent judiciary, a reduced role for the mukhabarat in public life, and new more democratic laws on parties and elections. As the winds of change swirl around the region, leaving trails of violence and unrest across almost every Jordanian border, Jordanians themselves have continued to pursue reform rather than revolution. Whether or not that situation takes a more dramatic turn depends on the extent of successful and meaningful reform in the kingdom, with the electoral law as one key piece of the overall puzzle.

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KHALIL MAZRAAWI/AFP/Getty Images

Posted By Ala'a Shehabi

Abdulhadi al-Khawaja, a prominent Bahraini human rights activist who was sentenced to life imprisonment in a military court, is now in a critical stage of a hunger strike which has gone on for 64 days. Foreign doctors who have been to see him have said he is at serious risk of death if he continues. The Bahraini government has rejected increasing international pressure to release him, and has limited outside access. His plight has begun to draw attention to the failure of reform in Bahrain, including an unusual White House statement yesterday. If he dies, it could mark a significant breaking point for the regime's efforts to rehabilitate its tarnished reputation -- and could accelerate the disturbing trend toward militant radicalization in the opposition.

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Posted By Nathan J. Brown

In the year since Egypt's Supreme Council of the Armed Forces (SCAF) drafted and issued its "Constitutional Declaration," the Egyptian political process has followed no consistent political logic. But it has largely followed the declaration's text, which is leading to some results that should have been expected but largely were not. On one critical and controversial issue -- the sequence of constitution writing and presidential elections -- the document was simply silent. However, on another critical and controversial issue it was definitive: who would write and approve the constitution.

Observers, and even more, some participants, overlooked the significance of the silent and the definitive provisions -- sensibly enough, since they made little sense. But these odd features have now combined to bring the SCAF's control of the process near an end. It is still not clear what political system will emerge (though the players who will make that determination are becoming clearer and beginning to show their hands). But unless the SCAF has the appetite for a second coup, or somehow discovers a way to shoehorn in its puppet as president, the constitutional vehicle that gave the military such political authority will soon turn into a pumpkin. 

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Peter Macdiarmid/Getty Images

Posted By Toby Matthiesen

At least seven young Shiite Muslims have been shot dead and several dozen wounded by security forces in Eastern Saudi Arabia in recent months. While details of the shootings remain unclear, and the ministry of interior claims those shot were attacking the security forces, mass protests have followed the funerals of the deceased. These events are only the latest developments in the decades-long struggle of the Saudi Shiites, which has taken on a new urgency in the context of 2011's regional uprisings -- but have been largely ignored by mainstream media.

The events of the Arab Spring have heightened long-standing tensions in Saudi Arabia's Eastern Province. Just three days after large-scale protests started in Bahrain on February 14, 2011, protests began in the Eastern Province, which is a 30-minute drive across the causeway from Bahrain. Perhaps unsurprisingly, the Saudi interior ministry vowed to crush the protests with an "Iron Fist" and has unleashed a media-smear campaign against protests and the Shiites in general. While protests subsided over the summer, they started again in October and have become larger ever since, leading to an ever more heavy-handed response from the security forces.

This repressive response, with distinct rhetorical echoes of Bashar al-Assad's Syrian regime, poses an awkward challenge to recent Saudi foreign policy. The protests of the people in the Eastern Province are as legitimate as the protests in Syria. If Saudi Arabia does not respond to these calls for reform at home how can it seriously claim to rise to the defense of democracy in Syria? The crackdown in Saudi Arabia and Bahrain has given the Iranian and Syrian regime, as well as Shiite political movements in Lebanon and Iraq, a useful rhetorical gambit to push back against their regional rivals.

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JASON REED/AFP/Getty Images

Posted By Marc Lynch

On January 25, 2011 on the Middle East Channel, Ashraf Khalil marveled from the streets of Cairo about "sheer size of the turnout, which was larger than anything I've seen in 13 years of covering Egyptian protests." From Washington, I pushed back against skeptics who doubted that Tunisia's revolution would spread to Egypt, as I noted that, "the images and stories of protests today have been impressive, both in numbers and in energy and enthusiasm. The Egyptians are self-consciously emulating the Tunisian protests, seeking to capitalize on the new mood within the Arab world."

Over the following 18 days, the Middle East Channel published a remarkable range of analysis and commentary about the unfolding Egyptian revolution. It featured not only outstanding reporting from the ground but also incisive analysis from the Middle East Studies academic community -- who stepped up in a big way to help inform public debate at a critical time. Nathan Brown, Shadi Hamid, Sherif Mansour, Emad Shahin and Daniel Brumberg assessed Washington's response. Vickie Langhor called on the Obama administration to side with Egyptian democracy, as did Tarek Masoud, Ellen Lust and Amaney Jamal. Geneive Abdo pushed back against those who saw echoes of Tehran 1979. Helena Cobban talked to the Muslim Brotherhood, Ellis Goldberg checked in with the business community, while MEC co-editor Daniel Levy surveyed the implications for Israeli-Egyptian relations.

Nathan Brown laid out the Egyptian constitution's rulebook for change, while Tamir Moustafa asked whether Egypt needed a new constitution to have a revolution. Michael Hanna laid out the reasons to doubt Mubarak's intentions. Sheila Carapico shrewdly observed how al-Jazeera's relentless focus on Tahrir framed understandings of the revolution. In one of Foreign Policy's most widely read, and arguably prescient, early contributions, Robert Springborg warned that the military's role in the transition meant that by February 2 the chance for democracy in Egypt had already been lost. Ambassador David Mack warned observers to curb their enthusiasm. I offered a stream of commentary from Washington. And all of this is only a small part of what appeared on Foreign Policy over those critical weeks. 

This week, the Middle East Channel is proud to offer a wide range of commentary looking at an Egypt one year after the outbreak of the revolution. Among the highlights, including a few from last month for perspective: 

More is coming over the course of the day, and I'll update the post as those pieces go live. 

Jeff J Mitchell/Getty Images

Posted By Marc Lynch

General Mohammed Hussein Tantawi, head of Egypt's ruling Supreme Council of the Armed Forces, announced the lifting of the much-criticized State of Emergency today on the eve of the anniversary of the revolution. Ending the state of emergency has been one of the primary demands of Egyptian activists and civil society, as well as the international community, for many years. What does it mean? The Middle East Channel asked Nathan Brown, a leading expert on the Egyptian constitution, for his thoughts: 

General Tantawi appears to have given the Egyptian Revolution a tremendous birthday gift -- he has ended a state of emergency that has lasted (with only brief interruptions) since the 76-year-old general was four. Except, of course, for the baltagiyya, hooligans or thugs who roam Egyptian streets attacking peaceful citizens and virtuous revolutionaries. 

Ending the state of emergency was one of the most important demands of the revolutionary coalition that ousted President Hosni Mubarak last year. I have read only news accounts of his action, but those make it clear that the fine print makes this a bit less of a gift than it initially appears. As far as I can make out:

  • Tantawi did not repeal the emergency law -- that law remains on the books. It would probably be up to the parliament to amend it.
  • What Tantawi did instead was end the state of emergency for most areas. Here is the distinction: the emergency law gets activated upon the declaration of a state of emergency; such a declaration requires parliamentary approval to continue.
  • The state of emergency was approved 2.5 years ago by Mubarak's rubber-stamp parliament; it was approved at that point for three years. Thus, according to the SCAF, it remains in effect until June 2012. Any extension after June 2012 would require parliamentary approval. It will be the president whose election is promised in June who will have to deal with the full end of the state of emergency.
  • The state of emergency still applies for thuggery. That means, in essence, that the SCAF can transfer thugs to military courts for trial. And that is one of the major complaints of the revolutionary groups, who point out that they have been victims of (rather than protected by) the SCAF's purported moves against thuggery.
  • Any extension after June 2012 by the newly-elected parliament is politically out of the question unless there is a major change in Egypt's security situation. Even then it would be politically very difficult to extend the state of emergency. I did ask Freedom and Justice Party deputies about this last week on a brief visit to Cairo; they chuckled at the idea of a renewal. So the revolutionaries may eventually get their gift, but just not on the revolution's birthday.
  • An argument can be made that the state of emergency has already ended (Tariq al-Bishri holds such a view) but I think that argument has gotten nowhere politically.

MAHMUD TURKIA/AFP/Getty Images

Posted By Nathan J. Brown

In 2007 and 2009 Saudi King Abdullah capped a decade of legal and judicial reforms in his country by reorganizing the judiciary and ordering that Saudi Arabia follow the step that virtually all other states in the region did long ago by codifying its laws -- committing to paper a comprehensive compendium of the operative laws in the kingdom. Since that date, however, his order has been neither challenged nor implemented. Why is codification of law seen as such a dramatic step in Saudi Arabia? And why does the king seem incapable of making it happen?

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AFP/Getty Images

Posted By Nathan J. Brown

Later this month, the representatives just elected by Tunisian voters will begin the task of designing a new political order for the country. If all goes well (though it may not) Egyptians and Libyans will follow suit by drafting new constitutions. It is still not inconceivable that other Arab societies will join them in an attempt to reinvent political systems on a more democratic basis. People in these societies are about to engage in an unprecedented process for them -- while they have all lived under constitutions before, those documents generally enabled authoritarian government. Now they want to write constitutions that will allow them to live democratically. As Americans, this seems to be a story we know well -- a people rises up, throws off oppression, and then deliberates carefully how to write a set of rules for a new republican order fit for a free people. Therefore, we will soon hear lots of well-meaning advice on how Arab societies should write their constitutions and what those constitutions should say. 

We saw in Iraq how much U.S. understanding of the constitution drafting process was colored by the U.S. experience. Commentators rushed to speak about a "Philadelphia moment," recommended favorite clauses from the Bill of Rights, and even argued over judicial review by reference to Marbury vs. Madison or Roe vs. Wade. We should have learned our lesson: much of our advice will be bad and most will be irrelevant.

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SALAH HABIBI/AFP/Getty Images

Posted By Christina Satkowski

AMMAN—Hundreds of activists filled the streets of downtown Amman on Friday, reiterating their weekly demands for the Jordanian government to implement political and economic reforms. But this week, the chants ringing from the crowd carried a more optimistic tone, as demonstrators and Jordanian lawmakers are cautiously welcoming King Abdullah's appointment last week of a new prime minister, Awn Shawkat al-Khasawneh.

Khasawneh is a man unknown to most Jordanians. He has spent most of his long career in public service away from the limelight, as a legal adviser to the late King Hussein and senior official in the foreign ministry. Since 2000 he has served on the International Court of Justice in The Hague, including three years as the ICJ's vice president from 2006-09. Yet many Jordanians believe Khasawneh represents the best chance since the Arab Spring began for Jordan to achieve meaningful reform. With his legal talents and lack of political entanglements, many hope that he will be able to bridge the kingdom's deep political divides and tackle the corruption that is pervasive throughout the Jordanian government.

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Posted By Priyanka Motaparthy

Armed security officers wearing balaclavas led Nasser Abul, blindfolded and shackled, into a courtroom in downtown Kuwait City on July 19. Accused of crimes against the state, he answered the judge's questions from a wood-and-metal cage in the courtroom. His mother, watching the proceedings, hoped her 26-year-old eldest son would finally be released after nearly two months in detention. The judiciary has refused to grant her wish.

Abul found himself in jail because of a few tweets. Twitter was wildly popular in Kuwait even before protests began in Tunis and Cairo, and its use in Kuwait surged as the Arab Spring provided daily inspiration for news updates and commentary. Between January and March, people in Kuwait wrote over 3.69 million tweets -- more than any other country in the Middle East, according to a June report by the Dubai School of Government.

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Posted By Michaelle Browers

The trial of deposed President Hosni Mubarak alongside his two sons, his ministers, and their business associates, resumed Monday after launching on August 2. Many Egyptians expressed satisfaction at seeing the dictator on trial by the country's own judicial system, and hope that his conviction would stand as an emblem for a new Egypt. But others had reservations about his treatment. Those mixed feelings reveal how even the prosecution of Egypt's head of state can only represent a first step in a longer-term and more comprehensive process toward transitional justice. The drive for retribution and punishment must not eclipse the need for truth telling, accounting, and transparency.

Egypt is not the first country to struggle with the question of how to bring leaders of a deposed regime to justice. Transitional justice is generally associated with holding accountable perpetrators of massive violations of human rights. But in recent years, activists and scholars have shifted attention to the ways in which transitional justice can facilitate the transition from autocratic to democratic government. For Mubarak's trial to play this role, Egyptians need to rethink what they want from transitional justice. While punishing the old regime for its crimes is necessary and important, the prosecution of deposed officials will ultimately prove an empty victory if the process does not help consolidate a new and meaningful democratic order that ends impunity, reconstructs state-citizen relations, and institutionalizes accountability and rule of law.

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Posted By Chris Ulack

The trajectory of peaceful demonstrations in Libya and Syria has been impacted by regime violence. The result: large populations of internally displaced peoples (IDP's) have been created inside of those countries as well as great numbers of refugees fleeing to bordering countries. Furthermore, the revolutions of the Arab Spring have serious ramifications for already existing refugee populations, notably the more than one million Iraqi refugees that have settled in Syria since 2006. The possibility of increased large-scale refugee movement from Libya and Syria will not only spur a devastating humanitarian crisis, but could also further destabilize the region.

Considering that the United Nations High Commissioner for Refugees (UNHCR) is already working with insufficient funds, Western policymakers should pay attention to these imminent crises. One need only look at the social and economic repercussions of the still unresolved predicament of Iraqi refugees to see the urgency of keeping the current situations from escalating into another protracted refugee crisis. The consequences of a prolonged refugee situation could be dire, especially as many of the countries to which the people are fleeing allow few -- if any -- rights, benefits, or protection for refugees.

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AFP/Getty images

Posted By Kristen Stilt

CAIRO, Egypt — The need to establish stability during a period of great uncertainty was a central issue in Egypt's constitutional amendment referendum held on March 19. Advocates of a "yes" vote championed an immediate path to political, economic, and social stability through amendments to the most offensive provisions of the constitution, which would be followed by parliamentary and presidential elections in the coming months.  Only then would a new constitution be considered.  While 77.2% of Egyptians approved the referendum, the vote will not bring clarity and assurance to the country.  Even though a new sense of confidence has come from the process of the referendum, the implementation of its provisions threatens to spur a new kind of instability and uncertainty.

The referendum asked voters to approve or reject several amendments intended to quickly fix aspects of the constitution dealing mainly with the emergency law and presidential elections.  The vote also paved the way for the drafting of a new constitution. None of the amendments were particularly controversial in substance, but an opposition movement quickly developed to denounce the amendments as a mere "patching" of an unacceptable constitution that had become null and void as a result of the revolution.  Opponents of the referendum also expressed concern that starting with parliamentary elections would benefit existing power structures-the remnants of the National Democratic Party (NDP) and the Muslim Brotherhood in particular-to the exclusion of new and fledgling parties.  Thus, the parliament that would oversee the new constitution would fail to be truly representative, they argued.

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Posted By Danial Anas Kaysi

More than 12 people were killed by security forces in a single day. Activists and journalists were harassed and arrested. A curfew was put in place and neither satellite television stations nor trucks carrying water and food were allowed near the protestors. One would think this occurred in Cairo or in Sana'a, but would be mistaken. This is Iraq.

After the U.S. overthrow of Saddam Hussein in 2003, many approving pundits in the West portrayed Iraq as a country that had been freed and which was now a "fledgling" democracy. Eight years later, that proposition is being put to a real test. Protests against permeating political corruption and unbearable living conditions began on February 3 and reached their highest point so far on February 25, a "Day of Anger."

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AFP/Getty images

Posted By Joshua Walker

"Enough we say, the decision belongs to the people of the brotherly Egyptian and Tunisian nations... Turkey shares the grief of these nations as well as their hopes." So-declared a self-confident Turkish Prime Minister Recep Tayyip Erdogan on Tuesday in his prime-time speech on recent events in the Middle East that received broad coverage regionally. While commentators point to the protests and revolutions in the Arab world as being the most recent example of the crumbling vestiges of the Cold War, the more significant long-term global trend is strangely familiar to the Turks. Protests in Tunisia have already overthrown the rule of a 23 year-old regime and inspired a similar uprising in the form of Egypt's ongoing protest movement. Lebanon's continuing instability and threats of Tunisian-inspired revolutions in Yemen and even Jordan further add to the significance of the moment we are witnessing in the Arab world.

The unprecedented levels and inter-linkages of the protests against the traditional authoritarian regimes represented most starkly by President Mubarak, has brought the Middle East back to a period more reminiscent of the breakup of the Ottoman Empire and the rise of Arab nationalism than anything seen in recent memory.

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AFP/Getty images

Posted By Joel Beinin

If the regime of Egyptian President Hosni Mubarak falls, the tipping point will have been mid-afternoon of January 28. For several hours after the conclusion of Friday noon prayers, the police and Central Security Forces successfully kept demonstrators away from the center of Cairo. About 2:00 pm, 20,000 protestors broke through the blockades and took over the Qasr al-Nil Bridge connecting Giza and Zamalek to Tahrir Square, the hub of the downtown district. Two hours later the headquarters of the ruling National Democratic Party, which President Mubarak leads, was on fire.

Earlier in the afternoon, crowds stormed regional NDP headquarters in the Suez Canal city of Isma‘iliyya and the Delta provincial capital of Mansura. The provincial NDP headquarters in Fayyum was torched a few hours later. Hundreds of thousands of protesters throughout the country defied the 6:00 PM curfew proclaimed by the regime and remained in the streets throughout the night. In Alexandria, Egypt's second city, demonstrators drove the police and Central Security Force out of town. By the time President Mubarak addressed the nation that evening and announced he had requested the resignation of the entire cabinet, the army had begun to assume security responsibility for Egypt's major cities.

The targets of angry crowds are rarely accidental. In this case, assaulting the offices of the ruling party, and other official buildings in Alexandria, Suez, and Tanta underscored one of the main chants of the demonstrators: "The people want an end to the regime." Not "reform" and the resignation of the cabinet, which is a technocratic and administrative body with limited powers, but a regime change and a transition to democracy which would only begin with the resignation of President Mubarak.

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AFP/Getty images

Posted By David Pollock

The seemingly never-ending story of the Special Tribunal for Lebanon, which was established by the U.N. Security Council to prosecute the killers of former Lebanese Prime Minister Rafik Hariri, reached a landmark this week when the court's prosecutor submitted his indictment to pretrial judge Daniel Fransen. Diplomats from Washington to Tehran expect the indictment, which will remain sealed for a few more months, to implicate members of the radical Shiite militia Hezbollah in the crime. Hezbollah has denounced the tribunal as an American-Zionist plot, collapsed the Lebanese unity government, and even, in recent days, staged mock "coup drills" in the streets of Beirut.

Behind Hezbollah's power play against the tribunal lies something more than brute force: Lebanon's Christians and Sunnis, once largely united in support of the tribunal, have parted ways. This split began a few years ago at the elite level with the defection of Gen. Michel Aoun, the leader of the largest Christian party, to the pro-Syrian camp. But, as recent polling data in Lebanon makes clear, the divisions have now reached the popular level.

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RAMZI HAIDAR/AFP/Getty Images

Posted By Elias Muhanna

Lebanon's dysfunctional political system has once again been set back to square one. Months of speculation, rumors, and unconfirmed press reports about a negotiated settlement to the latest crisis came to an abrupt end Jan. 12, when Hezbollah and its allies resigned from Prime Minister Saad Hariri's government, precipitating its collapse. This step sets the stage for a confrontation over the makeup of the next government. And in this showdown, all sides stand to come out losers.

Political divisions over the U.N. Special Tribunal for Lebanon (STL), which is charged with prosecuting those responsible for the 2005 assassination of Saad's father, former Prime Minister Rafik Hariri, are the cause of the crisis. A number of explosive leaks to the media have signaled that the tribunal plans to indict members of Hezbollah for the crime. Hezbollah and its allies, in a bid to contain the domestic fallout from this revelation, have demanded that Hariri cut Lebanon's funding for the tribunal and disavow any indictment issued by the court. Because Hariri refused to give in to their demands, Hezbollah and its allies have now upped the ante by toppling his government.

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JOSEPH EID/AFP/Getty Images

Posted By Aslı Ü. Bâli

In recent months, commentators have given warning of creeping Islamization in Turkey's domestic and foreign policy. Descriptions of the new "swagger" in Prime Minister Recep Tayyip Erdogan's approach to the Middle East are paired with allegations of an increasingly authoritarian style of government by the ruling AKP party. Many have seized upon this weekend's constitutional referendum in Turkey as evidence that the country's secular establishment has been displaced and Islamist forces are consolidating power. While the referendum followed a period of intense political polarization, this simplistic account of Islamist forces arrayed against embattled secularists is both wrong and dangerous.

The twenty-six constitutional amendments at issue in the referendum are difficult to criticize on substance. They include provisions that: empower civilian courts while reducing the jurisdiction of military courts; strengthen gender equality and protections for children, the elderly, veterans and the disabled; improve privacy rights and access to government records; expand collective bargaining rights; and remove immunities long afforded to those responsible for the 1980 military coup. The overwhelming effect of these provisions amounts to civilianizing the military coup-era constitution, strengthening individual freedoms and undertaking much-needed judicial reform. Unsurprisingly, then, the European Union gave its strong support to the amendment package and President Obama called to congratulate Prime Minister Erdogan on the outcome of the referendum.

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AFP/Getty Images

Posted By Steven C. Caton

Sept

The Republic of Yemen is often spoken of in the press and in policy circles as a society on the verge of collapse (last year it was "another Somalia"), based largely on two claims, the first being the supposed weakness of its state, the other the supposed lawlessness of its tribal population that makes up the majority ethnic group (about seventy-five percent are settled agriculturalists in the mountains and another five per cent, nomadic Bedouin in the eastern desert). And supposedly being on the verge of collapse, Yemen is seen as vulnerable to take-over by terrorist organizations such as al-Qaeda that threaten America's and the region's security. Let us consider how tribe and state, law and conflict operate in Yemen that few analysts seem to grasp when they make these pronouncements.

History may provide some perspective. There has been a state or dawlah in Yemen for thousands of years, whether the Sabaean state that built Marib Dam and was the reputed homeland of the Queen of Sheba, or the Islamic state created shortly after the advent of Islam which lasted for a thousand years, or the republican state that came into being in 1962 and has lasted until the present day, despite two bitter civil wars. To be sure, the state has waxed and waned in power and contracted or expanded in territory during this history, and it has faced formidable outside opponents, beginning with the Romans and most recently with al-Qaeda, but it has never fully collapsed or disappeared from the scene. It is unlikely to do so in the present in spite of arguments that the current regime is at a tipping point and about to fall apart because of an unprecedented number of seemingly intractable problems facing it (an ever weakening economy, unsustainable water consumption, projected diminished oil reserves, conflicts between the state and certain regional populations, rampant corruption, and let us not forget al-Qaeda).

To those who would say to me, "How do you know it is not at a tipping point?" I can only respond with, "How do you know that it is?" and remind ourselves of the longue durée of Yemeni history.

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Posted By Sultan Sooud Al Qassemi

Sept

"This BlackBerry Messenger rumor mill in the UAE is getting out of hand." I had posted this tweet several days before the UAE announced a ban last week on BlackBerry services by next October if Research In Motion (RIM), the smart phone's manufacturer, didn't meet the country's regulatory conditions.

The truth is there are legitimate concerns behind the UAE's surprising decision. After all, sinister individuals have taken advantage of the country's modern infrastructure as well as its lax regulatory environment before, especially leading to the September 11th attacks.

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Posted By Mohammad Fadel

In a highly-anticipated decision yesterday, the Supreme Court in a 6-3 vote affirmed the constitutionality of provisions in federal law criminalizing the provision of "material support" to foreign designated terrorist organizations (FTO), even in circumstances where that support is non-lethal and consists solely of speech--at least if that speech is coordinated with the designated FTO. This will have significant ramifications for US policy in the Middle East, where many of the groups designated as FTOs operate.

While the relevant statute defines "material support" to include a long list of items that are clearly connected to the violent activities of terrorists, it also includes more ambiguous terms such as "any...service,...training, expert advice or assistance." The principle plaintiffs in this case, The Humanitarian Law Project (HLP), wished to provide training to the Kurdistan Workers' Party (PKK) in the use of "humanitarian and international law to peacefully resolve disputes"; "engage in political advocacy on behalf of the Kurds who live in Turkey"; and "teach PKK members how to petition various representative bodies such as the United Nations for relief." The PKK, however, has been designated a "foreign terrorist organization" pursuant to the federal statute that criminalizes the provision of "material support" to such groups. Accordingly, the HLP brought this suit to obtain a judgment that provision of support of the kind which they intended--non-lethal tools to further political advocacy and peace-building--could not be legitimately criminalized under the US constitution.

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Posted By Sasha Polakow-Suransky

The Israeli government has it in for Richard Goldstone. Ever since Goldstone, a Jewish South African judge, issued a report in September charging Israel (and Hamas) with war crimes during the January 2009 invasion of Gaza, Prime Minister Benjamin Netanyahu has attacked him -- and his report -- as a grave threat to Israel's legitimacy.

On Thursday, leading Israeli government officials escalated their campaign against Goldstone, accusing him of sending 28 black South Africans to their deaths while serving as a judge during the apartheid years.

"The judge who sentenced black people to death … is a man of double standards," Knesset Speaker Reuven Rivlin proclaimed. "Such a person should not be allowed to lecture a democratic state defending itself against terrorists." Israeli Deputy Foreign Minister Danny Ayalon insisted, "This so-called respected judge is using this report in order to atone for his sins," likening Goldstone's statement that he was forced to uphold the laws of an unjust regime to "explanations we heard in Nazi Germany after World War II."

And the newspaper Yediot Ahronoth declared breathlessly -- with nods of approval from Jeffrey Goldberg and Jonathan Chait -- that "the man who authored the Goldstone report criticizing the IDF's actions during Operation Cast Lead took an active part in the racist policies of one of the cruelest regimes of the 20th century."

So did Israel's government.

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Posted By Daniel Seidemann

In recent full page ads in the New York Times, Washington Post and Wall Street Journal, renowned author and Nobel laureate Elie Wiesel argued that Jerusalem is "above politics." But the portrait of the city Wiesel painted is so factually inaccurate and so morally specious as to leave no room for doubt: Wiesel's false innocence and moral posturing over Jerusalem is an example of politics par excellence, with Wiesel willingly becoming a tool of Israel's extreme right in its desperate efforts to block Obama's peace efforts.

A review of the facts is in order.

93 percent of Israel - including most of West Jerusalem and the 35 percent of privately-owned land in East Jerusalem expropriated by Israel since 1967 - is categorized by Israel as "State Land." Only Israeli citizens and those entitled to immigrate under the Law of Return may acquire properties on this land. Palestinians of East Jerusalem, with rare exception, are in neither of these categories. So while Wiesel may purchase a home in anywhere in East or West Jerusalem, a Palestinian cannot.

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Posted By Nadim Houry

Iraqis are awaiting the outcome of this month's hotly contested parliamentary election with the hope that it will signal the start of a new phase for their country. The stakes are particularly high for the hundreds of thousands of Iraqis who sought refuge over the last few years in neighboring countries, like Syria, Jordan, or Lebanon.

Time is running out for them, as their savings have dwindled, host countries have grown tired of hosting them, and the world's attention has shifted to other conflicts and new displaced populations. No group is perhaps as anxious for the situation to improve as the Iraqis detained in Lebanon for illegal entry. Many of them have finished serving their sentences but remain in jail because the authorities here won't release them in Lebanon and it remains too dangerous for them to return to Iraq.

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