by Zach Waksman
Impunity Watch Reporter, Middle East

JEDDAH, Saudi Arabia – Tuesday, Saudi Arabia’s religious police arrested and detained five women for driving, which is prohibited by religious edict (fatwa) in the Islamic kingdom.  The events took place in Jeddah, a port city along the Red Sea. These arrests are among the first to be made since the Women2Drive campaign that encourages defiance of the fatwa began on June 17, when 42 women took to the streets.

Four of the arrested parties were young women, ages 21 and 22, using a single car.  They were found in the Dorat al Arous neighborhood of Jeddah, where they were arrested by local religious police.  They were taken to a police station, where they signed a pledge never to get behind the wheel again.  They were then released.  The actions taken are similar to what happened to Manal Al-Sharif, who was arrested on May 17 and also forced to sign a promise not to drive again.

The fifth was driving were her brother in the Sulaimania district.  Local residents reported the incident to the police, noting that she was also not wearing a veil.  According to the Saudi news website Sabq.org, “The two were surrounded by four police patrols who asked for their identities then took them to a police station, where they were interrogated.”  As of June 29, they were in custody of police in Jamia, where an investigation was underway.

Saudi Arabia has a male guardianship system, meaning that women must obtain permission to go to work, get an education, marry, leave the country, or have a medical operation. According to the fatwa, women must be driven by a male chauffeur or relative.  Hiring a full-time chauffeur is expensive, costing approximately $600 per month plus expenses for their coming to and remaining in the conservative kingdom.

Eman al-Nafjan, a Saudi women’s rights activist who is a member of Saudi Women for Driving, called referred to the arrests as “…the first big pushback from authorities, it seems.  We aren’t sure what it means at this point and whither this is the start of a harder line by the government against the campaign.”

To some women, however, the pushback started before the activism even began.  Many who supported the Women2Drive initiative said their husbands or male relatives prevented them from taking part.  One housewife referred to as Mana (name changed) said she could not risk driving because her family did not support her.  “I could not take my husband’s car because he expressed real fears and apprehension,” she explained.  “He assumed I might get arrested or get into trouble like Manal Al-Sharif, so I could not pursue the idea.”  Part of this, she believed, was the general belief among women that they must be submissive to their husbands, which interfered with any effort to protest.  Another supporter who did not participate in the June 17 protest, Hawazen Nassief, a self-described “outspoken Saudi female activist,” felt there was too little to gain from driving.

The situation has drawn attention abroad.  Saudi Women for Driving says its campaign draws inspiration by the recent uprisings in other Arab countries and has requested backing from the West.  On Wednesday, United States Secretary of State Hillary Clinton praised the group’s efforts, calling their actions brave.  “They’re right to raise their concerns with their own government,” she said.  Despite this, she said the U.S. would not take part.

Within the country, the discussion continues on whether, and if so, how to begin the process of allowing women drivers onto the roads.  Much of the concern stems from safety issues, be it the safety of the women or the roads themselves.  “The roads are a mess and there is construction work and uneven ground.  With the atrocious traffic management system, you want women out there too?  I did not allow my wife or daughter to drive,” said Salman Abadi, a Jeddah-based sales manager.

When asked the same question, marketing assistant Saad Hamri said, “Not yet.”  In his opinion, too many variables existed, including whether women knew how to drive.  Nassief believed that the issued should be handled gradually by working with the government.  She noted that King Abdullah said that his government would not oppose women driving if society was ready to accept it.  Therefore, she believed that the government should start acting to help prepare the country for women drivers with a series of programs designed to introduce them to the road.

In the meantime, al-Nafjan remained confident in the movement’s success despite the recent crackdown.  “This will not scare us,” she said.

For more information, please see:

ArabNews.com — Jeddah woman detained for violating driving ban — 29 June 2011

Arab Times — Saudi arrests five women for driving : reports Police tipped-off by residents — 29 June 2011

CNN — Saudi women arrested for driving — 29 June 2011

New York Times — Saudi religious police detained 5 women for driving, group reports — 29 June 2011

ArabNews.com — ‘Man’ipulation continues to stall Women2Drive campaign — 28 June 2011

Asharq Alawsat — No to women driving! — 28 June 2011

ArabNews.com — Let govt prepare society to accept driving by women — 27 June 2011

Impunity Watch — Saudi women protest driving ban by hitting the road — 19 June 2011

New York Times — In a scattered protest, Saudi women take the wheel — 17 June 2011

By Tyler Yates
Impunity Watch Reporter, Middle East

THE HAGUE, Netherlands — The International Criminal Court (ICC) issued arrest warrants today for Muammar Gaddafi, Saif al-Islam Gaddafi, and Abdullah al-Senussi for crimes against humanity that allegedly occurred across Libya from 15 February 2011 until at least 28 February 2011.

Specifically, the three are charged for the implementation of state policy to deter and quell, by any means, including by deadly force, demonstrations against the Gaddafi regime. Libyan Security Forces, under Gaddafi’s command, attacked, killed or injured as well as arrested and imprisoned hundreds of civilians and alleged dissidents throughout Libya during the time in question.

The ICC’s decision to issue the warrants comes after a unanimous adoption of Resolution 1970 by the United Nations Security Council on 26 February 2011.  The resolution, which referred the situation in Libya to the ICC Prosecutor, stressed the need to hold accountable those responsible for the brutal attacks against the Libyan citizens.  It decided “the Libyan authorities shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to the resolution.”  The Security Council also urged all States and concerned regional and international organizations to cooperate fully with the ICC.

The ICC Prosecutor undertook a preliminary investigation, and it was concluded on 3 March 2011 that the crimes committed in Libya fell within the ICC’s jurisdiction, and that further investigation into the matter was necessary.  On 16 May 2011 the ICC Prosecutor requested the issuance of the three warrants that were finally approved today by Pre-Trial Chamber I of the ICC.

The ICC issued the warrants because it believes there is sufficient evidence that the men did commit the crimes in question, and that their arrest is necessary to ensure their appearance before the court; to stop them from obstructing and endangering the Court’s investigations; and to prevent them from continuing to commit crimes within the ICC’s jurisdiction.

Rebels in Eastern Libya welcomed news of the warrants. Mustafa Abdel Jalil, head of the opposition’s Interim Transitional National Council, said the warrants will further their efforts to end Gaddafi’s more than 40-year rule.

The ICC has no police force of its own so it up to national authorities to make arrests on its behalf.  Resolution 1970 requires Libya to cooperate with the ICC and the opposition’s Interim Transitional National Council has promised as much to the ICC Prosecutor.

Human Rights Watch points out that the ICC’s work on bringing to justice those who commit crimes against humanity in Libya is distinct from any other military or diplomatic initiatives currently taking place, and that it would be a mistake to conflate them or identify the ICC as anything other than an independent body.

For more information, please see:

Human Rights Watch — Libya: Warrants Send Strong Message to Abusive Leaders — 27 June 2011

International Criminal Court — Pre-Trial Chamber I issues three warrants of arrest for Muammar Gaddafi, Saif Al-Islam Gaddafi and Abdulla Al-Senussi – 27 June 2011

New York Times — Hague Court Issues War Crimes Warrant for Qaddafi — 27 June 2011

Voice of America — Eastern Libyans Welcome ICC Charges Against Gaddafi — 27 June 2011

by Zach Waksman
Impunity Watch Reporter, Middle East

NEW YORK, New York, United States – Tunisia joined the International Criminal Court (ICC) on Friday, handing its instruments of accession to the Rome Statute, which governs the organization, to Ban-Ki-moon, Secretary-General of the United Nations.  Its accession makes the small African nation the 116th country, but the first from North Africa and only the fourth member of the League of Arab States, to do so.

The United Nations and the ICC were pleased with the decision to join the ICC, commending the government.  “This significant step is particularly important in light of the fundamental changes that have occurred in Tunisia this year,” Secretary-General Ban told the assembled press.

Due to government repression of protests regarding political freedom and unemployment, the population revolted against longtime President Zine al-Abidine Ben Ali.  In January this year, he fled the country as strikes and demonstrations, nicknamed the “Jasmine Revolution,” moved into the capital city of Tunis.  At the time, Errachad Majidi, a researcher for Paul Cézanne University, wondered whether the revolt’s success would create a domino effect in the Arab world.  In a January 26, 2011 editorial for Afrik.com, he considered Tunisia’s situation to be unique compared to the rest of the Arab world because it was one of the more literate countries in the region.  He believed this to be a potential reason for “the high level of political consciousness among the youth; the determined and peaceful nature of the revolt; and both its organization and decentralization, facilitated by the use of Internet social networks.”

“Tunisia’s accession to the Rome Statute is also a testament of the profound changes brought about by the ‘Arab Spring,’ which started in Tunisia,” said Ambassador Christian Wenaweser, President of the Assembly of States Parties to the Rome Statute in a statement to the press.  Within weeks of President Ben Ali’s overthrow, similar protests in Egypt met with equal success.  Several other protests of this nature have also taken place over the past few months.

Despite this apparent domino effect, Majidi remained skeptical.  “Finally, for a domino effect to work, the Tunisian revolt must lead to real political change: a change that is not guaranteed,” he wrote.  So far, that change appears to be happening, shortly after Ben Ali fled, the government, led by an organization of parties, associations, unions, and intellectuals, was changed into a more democratic assembly, with new elections scheduled for July 24.

Arab and Muslim states have generally not trusted the ICC, fearing that it is a political tool wielded by Western nations.  Tunisia’s accession may mark a small shift in that sentiment.  Reuters reported that Egypt, one of the countries who staged a successful revolution of its own, is also considering acceding to the Rome Statute and joining the ICC.

The Statute will have jurisdiction over Tunisia starting on September 1.

For more information, please see:

International Criminal Court — Tunisia becomes the 116th State to join the ICC’s governing treaty, the Rome Statute — 24 June 2011

International Criminal Court — Statement by H.E. Ambassador Christian Wenaweser, President of the Assembly of States Parties to the Rome Statute of the International Criminal Court — 24 June 2011

MSNBC — Tunisia joins international war crimes court — 24 June 2011

UN News Service — Tunisia becomes first North African nation to Join International Criminal Court — 24 June 2011

allAfrica.com — Africa: Tunisian Revolution Did Not Come Out of Nowhere — 26 May 2011

Afrik-news.com — A domino effect in the Arab world after Tunisia? — 26 January 2011