Syria, Golan Heights, & Israel

Modern international law has colonial origins; yet it has evolved much in the post-colonial times, especially after the end of the Second World War; with the establishment of the Charter-based mechanisms and processes of multilateral cooperation under the United Nations Organization. From being merely an imperial handmaiden in the past, international law has progressed to a great extend to articulate the common standard of civilization and human rights in our multicultural world today, and States, by and large, respect and abide by international law and treaty obligations most of the time. A vital standard of State conduct conferring global legitimacy, the 'soul' of international law stands for peace and strives for justice in our power-oriented, complex international system. 

Contemporary International law insists upon non-use of force as a foundational principle of the world public order. Hence, the military conquest of nations, or ‘aggression’, is a crime under international law. Likewise, acquisition of a territory belonging to another nation through coercive method/s is also prohibited. As a consequence of this clear normative position, territorial aggrandizement through conquest will not be recognized by the international community. The conquering State cannot hope to gain any valid title to the newly acquired territory under international law as no legitimacy is attached to the taking of territory through military occupation. Consider the case of Israel. Notwithstanding the fact that it has been effectively controlling several Arab territories occupied through war for over five decades, international community continues to reject Israel's sovereignty claims over such territories, including in the cases of East Jerusalem and the Golan Heights. 

In his Friday Sermon of 07 June 2024~29 Dhul-Qaddah 1445 AH, Imam-Jamaat Ul Sahih Al Islam International Hazrat Muhyiuddin Al Khalifatullah Munir A. Azim (aba) of Mauritius spoke about the persisting, ongoing illegal occupation and annexation of the Syrian territory of the Golan Heights by Israel since 1967/1981. As Hazrat Khalifatullah (aba) rightly notes, many blatant illegalities are being perpetuated with impunity by the State of Israel on the lands of its Arab neighbours. Strong economic, military and technological support of the United States provides the material basis for Israeli excesses in the Middle East. Perhaps equally important is the complicity of important Arab leaders who have their own secret relations with the Jewish State even in the midst of the latter's despicable crimes against the Palestinian people, as well as its continued, illegal occupation and annexation of Arab territories, including the Syrian territory of the Golan Heights. Hazrat Saheb (aba) alludes that the enemies of Islam have been able to get away for so long with their manifest illegalities and high crimes against the Muslim peoples in a religious, political and strategic context of manifest internal weaknesses, disunity, and internecine conflicts. Fair-minded people in Europe and elsewhere are increasingly becoming aware of the horrific extend of Israeli/US highhandedness in the Middle East. Be that as it may, it is by reclaiming the true spirit of Faith, including the duties of solidarity, that Muslim nations will be able to discriminate between 'good' and 'evil', and 'friends' and 'enemies' of the Faith and of the peoples in these times. And it is by invoking Allah (swt) through fervent prayers, and by embracing the lawful methods of resistance against injustice that our Faith teaches that we can eventually triumph over the forces of evil- both internal and external- that presently pervade our backyard inflicting much suffering on the Ummah in these turbulent times, notes Hazrat Saheb (aba) in this discourse. 

Read the Friday Sermon Below:   

'Nations, Abide by Accords'

In his Friday Sermon of 31 May 2024~22 Dhul-Qaddah 1445 AH, Imam- Jamaat Ul Sahih Al Islam International Hazrat Muhyiuddin Al Khalifatullah Al Mahdi Munir Ahmad Azim (aba) of Mauritius calls attention to the foundational element of a peaceful and progressive global order: respect for international agreements; the sanctity of mutual obligations. 

Speaking against the backdrop of the ‘Brexit’ debates in England, Ireland and the wider Europe, Hazrat Khalifatullah (aba) notes that nations are free to pursue their own political and economic futures: to go solo, or in alliance with other nations, in the pursuit of national interests. But wherever external elements are involved, States should engage with one another in a spirit of dialogue and exchange of views, and agree on mutually-beneficial arrangements in a spirit of give and take, respecting each other’s interests and concerns. Indeed the primary purpose and function of international law and organization today is to facilitate beneficial cooperation among States by defining the rules of engagement, and that is why sanctity of treaties is the first principle at the root of global order. However, when powerful nations overstep their limits, and commit aggression on another people, it leads to war crimes and crimes against humanity, and even genocidal mass murder and horrific suffering of entire civilian populations, as is happening now in Gaza and other Israeli-occupied Palestine territories. Hazrat Saheb (aba) urges in the strongest terms all nations, large and small, to return to common sense and respect for pacts lest the present chaos in international relations lead to worst disaster and horrific consequences for humanity [God forbid].    

Read the Friday Sermon Below: 

Return of the Taliban

 

The fall of the US-propelled government in Afghanistan along with the swift and dramatic capture of power by the Taliban in Kabul, is nothing short of a geopolitical earthquake in international affairs in our times. For one, it marks a defining moment in the unravelling history of American excesses abroad in the name of “war on terror” and attempts to impose their perception of democracy on other nations and peoples.  Likewise, for the region and the world, the larger question is this: can the Taliban- now, the de facto government in Kabul- live down its dreadful legacy, turn a new page in political pragmatism, and usher in a period of peace, security and development for the people of Afghanistan? 

A Legacy of Excesses on All Sides

Afghanistan’s modern destiny is marred by much internal political strife and blood-letting, especially in the last four decades. Illegal interventions and invasions by foreign powers- [the Soviet Union (1979-1989), and the United States (2001-2021) followed by counter-mobilization by militant groups armed and aided by interested foreign governments, and the consequent internecine warfare destabilized the land for long years. The emergence of Taliban in the Afghan refugee camps of Pakistan, and its militant extremism- blurring the line between political resistance and support for indiscriminate and unrestrained violence in the name of ideology/religion against hostile foreign powers as well as defenceless civilians cannot be divorced from this complex political and regional backdrop- including the lucrative profits from mass cultivation of, and trade in, opium and other narcotic substances across borders with colluding elements in Pakistan. 

Domestically, when the Taliban was in power in the land during 1996-2001, its policies were starkly marked by denial of educational opportunities to girl children; curtailment of women’s rights; cruel and degrading treatment of minorities; institutionalization of vengeance in the form of medieval punishments on opponents and enemies of the regime- all in service of a narrow-minded, extremist and simplistic understanding of the Islamic Shari’ah, bringing disrepute to the very Faith they claimed to serve- with hardly any country in the world recognizing the Mullah Muhammad Omar regime in Kabul in those years.

Israel: A Racist Bully

 

Israel & U.S under Fire 

Israel’s attempt to justify its recent brutal assault on Gaza rings hollow to anybody familiar with events in Israel, where the government of Israel, backed by anti-Arab racists, has systematically, cruelly, and persistently violated the basic human rights of the Arab population. Like I told you last week in my sermon, Human Rights Watch, a global NGO with many Jewish leaders, has condemned Israel for crimes against humanity. 

Israel behaviour puts US President Joe Biden’s administration, which professes a foreign policy based on human rights, under the spotlight. If that commitment is genuine, the administration should support an independent UN investigation of Israeli human rights violations against the Arab population and suspend military aid to Israel until the inquiry is completed and the human rights of the Palestinians are secured. 

'Jihad' and World Politics

One of the most misunderstood and much maligned concepts in the world of religion today is the doctrine of ‘Jihad’ in Islam. Unlike any other matter of devotional piety in any religion, ‘Jihad’ brings around it images of a deadly cocktail of religion, identity politics and armed violence involving wily politicians, extremists and terrorists; generating genuine anxiety, confusion and fear among the people. Indeed, ‘Jihad’ has come to mean different things to different people in our times. 

In our deeply troubled world, where powerful nations set the rules of the global game, non-State actors are also increasingly becoming vital players. In States where turbulent political conditions exist, ‘Jihad’ is almost invariably associated with the call to arms and violence by certain Muslim-groups ostensibly working to protect the collective interests of the Muslim communities concerned. For many governments with separatist movements or insurgent groups in their territorial domain; ‘Jihad’ is nothing but an ideology of unbridled violence and mayhem championed by non-State actors. In sharp contrast to this, the groups fighting States look upon ‘Jihad’ as the ideology of their political resistance against unjust regimes- the moral and ethical justification for their militant campaigns against governments that ‘oppress’ the people. Inspired by their own notions of injustice and agency; often seeking retribution for alleged past crimes of the State concerned or to induce change in State policies vis-a-vis certain matters; organized groups as well ‘lone wolfs’- including suicide bombers- perpetrate violent crimes, targeting symbols of State power. These attacks often indiscriminately impact civilians as well, leading to ‘collateral damage’- unnecessary suffering for common people caught up in such incidents.

For instance, the horrific 9/11 terror attacks in the United States of America at the beginning of this century- in the year 2001- directed at the symbols of American military and economic heft resulted also in the death of thousands of people going about their everyday lives. The terrorists who executed this most audacious attack claimed they were driven by the ideals of ‘Jihad’ in committing this mass murder. Those who waged this ‘war’ on America were seeking vengeance upon the country for its dreadful policies abroad- including military interventions that killed hundreds of thousands of innocent people, and even destroyed entire societies in the Muslim world. Despite the moral high-ground the parties in conflict- States and the terror groups- seek to assert for themselves, both State terrorism and non-State terrorism are problematic for their means and methods of warfare and also due to the profound consequences such violence has upon its innocent victims, common folks like us.

Islam and International Law

Religion, Law and State

In his Friday Sermon of 08 November 2019~ 10 Rabi’ul Awwal 1441 AH, Imam- Jamaat Ul Sahih Al Islam Hadhrat Khalifatullah Munir Ahmad Azim Saheb (atba) of Mauritius spoke about the significance of law in upholding the dignity of the individual as well as in sustaining the global order for the collective progress of human kind. Hadhrat Khalifatullah (atba) identifies the distinctive contribution of Islamic values to the development of International Law in this context. 

It is instructive to note that while modern international law was for long considered to be a product of Western, Christian civilization and generally traces its origins to the legal problems that emerged in the context of the European imperial conquests (of South America in the 16th century and Asia and Africa in the subsequent centuries); there is increasing recognition in the academic literature now regarding the  profound debt the discipline owes- in shaping the contours of the subject- to the seminal writings and juristic interpretations of Hazrat Imam Muhammad Al Shaybani (ra), the great disciple of the great Muhaddith Hazrat Imam Abu Hanifa (ra), almost eight centuries before European scholars like Hugo Grotius- the 'father' of international law- began to engage with, and write about, the discipline.   

International Law as it stands today may broadly be defined as an ensemble of normative rules and diplomatic practices that guide actor-expectations in the world of international relations. And the actors on the global scene include, besides the States, international organizations, a host of official governance networks; multinational corporations, indigenous communities and the civil society organizations campaigning on reforming the systems of global governance. Despite the dynamic nature of the actor-interactions as well as the development of global rules in specific areas; the foundational values of International Law remain the same: sovereign equality and peaceful co-existence of States; the sanctity of covenants and the bindingness of legal obligations; the obligation of the Parties to act in good faith; respect for the symbols and signs of sovereignty of States, including the privileges of ambassadors and State agents; respect for diversity of community traditions and practices, etc.  Hadhrat Saheb (atba) illustrates these points with reference to Qur'anic verses and Prophetic practices, as it is the task of the true believers in this era to shun hypocrisy and work to create a just world under Islam. 

Read the Friday Sermon Below: 

The Middle East on Short Fuse

Based on recurring Divine inspirations and special Messages in recent times, Imam- Jamaat Ul Sahih Al Islam Hadhrat Khalifatullah  Munir Ahmad Azim (atba) of Mauritius is inviting the world's attention to the looming dangers lurking beneath our troubled global order. These Divinely-inspired warnings can be read in his recent Friday Sermons, shared also through this Blog. When they look at, read up and reflect on these profound words intimating about the extraordinary dangers facing our small world; knowledgeable Muslims will remember the prophecies contained in the Holy Qur’an, as well as in the Prophetic traditions on the portents/events of the End Times. Ahmadis among them will also remember the dire warnings lefty behind by the Promised Massih (as) in the last century and also the unfulfilled aspects of those grim prophecies concerning the Later Days. 

The World at the Brink

There is little doubt that humanity is at the brink of Disaster(s) in our times. World nations are facing multiple dangers of an existential proportion: of environmental degradation, species extinction and the grim prospect of nuclear annihilation. The unsustainable consumption patterns in the industrialized world have also produced the irreversibly great danger of global warming and climate change, as science now confirms. The devastating consequences of this drastic change in weather patterns would be felt everywhere. Indeed, climate change threatens as it comes home not just in the main lands of the industrial world, but even the inhabitants of remote island nations who had done nothing comparable to  to bring about the whole problem. 

Likewise, powerful nations have arrogated to themselves ‘total security’ of weapons of mass destruction (WMDs) and they threaten other nations that defy their dictates. So much so that countries like North Korea seek nuclear capability as a security imperative; triggering global fears of a nuclear war in the not so distant future! Short of being fully wiped out from the very face of the earth through the aforesaid blinding passions of riches and excesses, the unbridled armament race among the nations has the potential of promising a veritable Hell on Earth for those of us- the hapless common humans- who are condemned to live amidst all these dangers.

The multilateral system, forged after the Second World War, is bedevilled by multiple crises and it seems incapable of providing effective solutions to the manifold challenges of global governance- poverty and rising inequality;environmental degradation; the arms race and the quest for nuclear weapons; internal conflicts and terrorism; racism and xenophobia, national chauvinism and Islamophobia, etc. International institutions and organizations are designed in such a way that these works to protect the entrenched interests of the Big Nations, rather than seeking to sub serve the larger cause of global justice and equity. These organizations largely ignore the real concerns of the poorer nations when they raise their experiences of political injustice and  colonial exploitation. 

The Rohingya Exodus and India's Policy

A Panel Discussion 

Peace and Justice Forum, a student-run Discussion Forum at the Jawaharlal Nehru University in New Delhi, recently organized a Panel Discussion on the ongoing refugee crisis in India's neighbourhood. With hundreds of thousands of people belonging to a minority Muslim faith in the Buddhist-majority Myanmar being suddenly forced to abandon their homes, flee from the land and seek refuge abroad, especially in Bangladesh; the Discussion took place against the backdrop of the evolving national debate in India on the crisis in the region. 

Mr. Siraj, a refugee from the Rohingya community, was one of the Panelists, sharing a searing testimonial of what it means to be a refugee, being forced to abandon one's people and livelihood behind to escape injustice and oppression in the land. He spoke of a time when his grandfather and others of that generation and before could work and live as common citizens in Myanmar with all legal rights and civil protection available to all other citizens in the country, pointing to the enormous change in the fortunes of Rohingyas from being 'citizens' to 'stateless persons' in Myanmar. Two journalists on the Panel- Mr. Prashant Tandon and Mr. Akhlaque Usmani- shared their perspectives on the problem, reflecting on the Rohingya community's travails in recent decades as well as on the debate currently on the issue in the Indian media and government circles. 

As a student of international law and justice, this writer had the pleasure and privilege of chairing the programme that included a lively opinion-sharing,  question-answer session with the audience. In that public conversation, one could argue that international law considerations are potentially important on three distinct sets of issues and concerns in the context of the present problem from the standpoint of (i) ensuring accountability of the perpetrators of the crimes against humanity in Myanmar; (ii) providing immediate humanitarian relief and  assistance to the victims of the forced displacement; and (iii) the duty/responsibility/obligation of States like India to receive refugees even in the absence of a national refugee law.