The Saudi Crown Prince Mohammad Bin Salman continues to face international scrutiny over the assassination of Saudi dissident and U.S resident Jamal Khashoggi. Jamal Khashoggi was the former adviser to a Saudi intelligence chief, Turki al-Faisal and later a columnist for the…
The Saudi Crown Prince Mohammad Bin Salman continues to face international scrutiny over the assassination of Saudi dissident and US resident Jamal Khashoggi.
Background
Jamal Khashoggi was the former adviser to Saudi intelligence chief, Turki al-Faisal and later a columnist for the Washington Post. Jamal was a known critic of the Saudi Crown Prince Mohammad Bin Salman and King Salman, and was living in a self-imposed exile.
The assassination of the journalist occurred at the Saudi consulate in Istanbul, Turkey. Khashoggi entered the consulate on the 2nd of October to obtain documents attesting to the divorce of his ex-wife and has since disappeared.
Audio tapes found by the Turkish officials claimed Khashoggi was tortured, dismembered and dissolved in acid by a 15-man hit squad. The audio also allegedly found nine men of the squad to be part of the Crown Prince’s personal security. Consequently the royal adviser and communications chief to the crown prince, Saud al-Qahtani was held accountable and sanctioned by the US Treasury over the journalist’s death.
Crown Prince Mohammad Bin Salman, a reformist and visionary lifted the ban on women driving in June of 2018. This was done with an aim to introduce Saudi Arabia as a nation ready to welcome the international community and Western influence. However, the disappearance of Khashoggi has significantly affected the Future Investment Initiative (FII), intended to revamp Saudi’s oil-based economy.
The summit named “Davos in the Desert” saw mass cancellations from prominent international entities such as Uber, Google and HSBC. It is unknown whether the global entities stepped back because of the PR disaster or for political reasons. The disappearance also highlighted Mohammad Bin Salman’s role in perpetuating the Yemen Humanitarian Crisis, blockades against Qatar and Canada and the oppression of female activists.
However, the US is reluctant to sanction the Kingdom as there is mutual dependence on both oil and defence equipments.
Analysis
The legal accountability of Khashoggi’s disappearance questions the process of International Justice. The term “Universal Jurisdiction” may be applied in this case. It refers to the idea of a national court to prosecute crimes against international law. This is based on the principle that crimes against humanity, war crimes, genocide and torture harm the international community or international order.
The International Criminal Court is limited in that the ICC has jurisdiction in those states that have ratified its charter. Belgium applied the principle of Universal Jurisdiction during the Rwandan ethnic cleansing crisis. The Belgian war crimes law was unique in that any individual from any part of the world could submit a war crime for prosecution in Belgian courts. This could be done irrespective of the individual’s nationality and where the crime was committed. However, the laws were amended due to external pressure after the Belgian courts were asked to persecute Ariel Sharon, President George Bush and Dick Cheney for war crimes. The law was amended to allow immunity to state officials during a term of office.
In 2001, the Twin Towers of the World Trade Centre fell under attack of militants from the terrorist group Al-Qaeda. This sent shock waves through New York City with the death toll amounting to 3000. The 9/11 attacks pushed the US Senate to pass a bipartisan bill allowing families of the victims to file a suit against the Saudi Government, an exception to the principle of sovereign immunity. The bill passed overrode President Barack Obama’s veto and went against Saudi’s threat of economic retaliation.
President Donald Trump stated in an interview on Mohammad Bin Salman in the oval office “He’s the leader of Saudi Arabia, They’ve been a very good ally” as reported by Reuters. The Senate, however, demands Riyadh, the capital of Saudi to ensure appropriate accountability from its de facto leader. In a separate motion, the Senate called upon the US to stop all aid for the Saudi-led military campaign in Yemen.
Counterpoint
The Kingdom of Saudi Arabia traces its roots to descendants of religious cleric Sheikh Mohammed Ibn Abdul Wahab. The Kingdom has since then adopted strict conservative Sunni jurisprudence.
Under the Saudi law of governance, Chapter 3 Article 9-13 enumerates the values of Saudi society. Article 12 states “Consolidation of the national unity is a duty. The State shall forbid all activities that may lead to division, disorder and partition”. Accordingly, on September and November 2017, newly crowned prince Mohammad Bin Salman led a crackdown on dissidents, human rights activists and intellectuals on anti-corruption claims.
Assessment
Our assessment is that the concept of “Universal Jurisdiction” is the best available tool in achieving international justice. However, it is important for international laws to be internalised in each country to ensure that international justice is tenable.
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