BBC: New Protests in Hama after Syria’s Crackdown leaves hundreds dead

 

Tens of thousands of people have protested across Syria, days after the bloody crackdown on the city of Hama where the opposition had taken control. Video said to be of Damascus showed crowds in a central district chanting: “Hama, we are with you until death” and “[President] Bashar [al-Assad] leave”.

In a suburb of the city, at least four protesters were shot dead by security forces on Friday, reports say. In a broadcast from Hama, State TV said the city was under government control.  Hama residents and human rights groups accuse the army of killing more than 100 civilians in a bombardment of the city, a focus of the protests against Mr Assad’s rule.

As many as 2,000 people may have been killed by security forces since opponents of President Assad’s autocratic rule took to the streets in March. Protesters were inspired by the successful uprisings in Tunisia and Egypt. Mr Assad has promised reforms, but blames the violence on “armed criminal gangs” backed by unspecified foreign powers. Access to events in Syria has been severely restricted for international journalists and it is rarely possible to verify accounts by witnesses and opposition activists.

Marching in the heat

Activists had called for more protests after prayers on Friday, with one web user posting a message saying: “God is with us, are you?” Video posted by activists purports to show protesters marching through the Midan district of the Syrian capital, close to the Old City. Clapping their hands, they chanted, “We don’t want you Bashar”.

In another district of the capital, Qadam, protesters carried a banner reading: “Bashar is slaughtering the people and the international community is silent.”  Security forces opened fire with live ammunition and tear gas in several cities, activists said.  At least four people were reportedly killed in the Damascus suburb of Irbin, with a further 10 wounded.

Abdel Karim Rihawi, head of the Syrian League for the Defence of Human Rights, told AFP news agency that 30,000 people had marched in the city of Deir al-Zour despite extreme heat. Earlier, US Secretary of State Hillary Clinton accused security forces of killing some 2,000 people since March. Residents of Hama, which has become a focal point of protests, told reporters that there had been more gunfire and shelling early on Friday.

Snipers and tanks have been firing on civilians and food and medicine supplies are running low, witnesses say. But the Syrian TV report showed pictures of armed men hiding behind cars and claimed the army had quelled a rebellion. The report showed deserted streets with flimsy barricades and piles of rubble. Later, the reporter went into buildings that appeared to have been destroyed in an explosion.

The UN Security Council issued a statement this week condemning the crackdown.  Russia, traditionally an ally of Syria, also joined the criticism, with President Dmitry Medvedev saying Mr Assad would “face a sad fate” unless he urgently carried out reforms and reconciled with the opposition.

The BBC’s Jim Muir in neighbouring Lebanon says Mr Medvedev’s statement may give the government pause for thought, but there has been no change in the attitude on the ground.

BBC- Jim Muir: Palestinian protests: Arab spring or foreign manipulation?


The “Nakba” day incidents on Israel’s borders showed that the Palestinians have undoubtedly been caught up at last in the Arab revolutionary spring fever. In a very different position from most Arab nations, the Palestinians had so far been largely left out as the spirit of assertive demands for rights and freedoms swept the region and threatened its dictators.

The pent-up frustrations of the Palestinians largely took the form of pressure on their own divided leaderships to unite, something that has now happened. The 15 May challenges to Israel on its borders with Lebanon and Syria, within the fragmented West Bank and on the Gaza frontier, undoubtedly embodied the same kind of risk-taking, confrontational people-power ethos that has fired the revolts in many parts of the Arab world.

Palestinian militancy and desire for self-assertion in keeping with revolutionary Arab times are very strong and can be taken as a given. But the ability to express those sentiments is something else.

‘Common denominators’

There is clearly another dimension to the unprecedented eruptions on Israel’s borders with Lebanon and Syria, in which a number of protesters are reported to have been shot dead and many others wounded.  The common denominators in both cases are Syria and its ally Iran.

In past years, Syria has prevented Palestinian protesters from getting anywhere near the sensitive Golan border, where Damascus has in the past scrupulously respected its truce agreement with Israel.  Nearly half a million registered Palestinian refugees live in Syria, some of them in camps not far from the Golan.  Syria may be distracted and preoccupied by events inside the country, but so much that it could not have prevented the Golan incident if it had wanted it not to happen?

The real power in southern Lebanon is Hezbollah, the militant Shia movement that was created in the early 1980s by Iran and Syria to counter Israel’s invasion of Lebanon. If Hezbollah had not wanted the display of Palestinian refugee militancy at Maroun al-Ras on the south Lebanon border with Israel to happen, it would not have happened. Damascus and Tehran retain extremely strong ties with Hezbollah, so by extension, the same is true of them.

Lebanon, like Syria, also has getting on for half a million Palestinian refugees on its soil. But Jordan has something like two million, yet its borders with Israel, running along the Jordan river, did not see any such incidents because Amman did not want it to happen. Jordanian police intervened to prevent a mere 200 Palestinian students from marching towards the border, and six of them were injured when they were restrained.

The unusual flare-ups on the Golan and on the Lebanese border came as President Bashar al-Assad’s regime moved into its third month of confronting its biggest internal challenge in more than 40 years of rule by his family and the Baath Party. It would be hard not to see a link between the two developments.

To allow a controlled burst of tension on the borders with Israel might have been seen by the Syrian regime as serving several useful purposes: to divert attention from its internal troubles, and to burnish its nationalist credentials of steadfast resistance to Israel.

It may also have been aimed at conveying to Israel and the Americans the message that if Mr Assad’s grip on power should slip, Israel might face a much more militant Syria. In a recent New York Times interview, the president’s controversial businessman cousin, Rami Makhlouf, said that if Syria had no security, Israel would have no security – remarks from which the regime has officially distanced itself, but which came from a key figure within the inner circle of power.

‘Playing with fire’

One question Israel will be asking itself is whether the outbursts on the borders might be sustained and turn into a running situation.  That is not impossible. But Damascus and its allies in Lebanon know that they are playing with fire. Syria would be unlikely to permit a situation on the Golan that could get out of hand and lead to a serious engagement with the Israelis that could be deeply damaging, and might even hasten a decision by Washington to move towards a call for regime change.

A warning skirmish is one thing, a serious confrontation something else. In Lebanon, while anything is possible, Hezbollah is also unlikely to want an open-ended situation in which Palestinians play a leading role. The Palestinian presence triggered the Israeli invasion in 1982 and other interventions which greatly hurt Hezbollah’s Shia community.

The Palestinians in Lebanon played no part in Hezbollah’s 2006 war with Israel. But clearly, these are uncharted waters. For the first time ever, Lebanon had the extraordinary experience of having people shot dead on its northern border by Syrian security forces because of the upheavals inside Syria, and a larger number shot dead on its southern border because of the Palestinian issue.

Whatever the degree of possible manipulation by Syria and its allies, the message from Palestinians both inside and outside is that the Arab revolution has found another home.

BBC: ICC prosecutor seeking warant to arrest Gaddafi, his son, and his Security Minister for Crimes Against Humanity

The International Criminal Court chief prosecutor is seeking the arrest of Libyan leader Col Muammar Gaddafi and two others for crimes against humanity.  Luis Moreno-Ocampo said Col Gaddafi, his son Saif al-Islam, and intelligence chief Abdullah al-Sanussi bore the greatest responsibility for “widespread and systematic attacks” on civilians.

ICC judges must still decide whether or not to issue warrants for their arrest. The Libyan government has already said it will ignore the announcement.  Deputy Foreign Minister Khalid Kaim said the court was a “baby of the European Union designed for African politicians and leaders” and its practices were “questionable“.  Libya did not recognise its jurisdiction, like a few other African countries and the United States, he added.

‘Inner circle’

Luis Moreno-Ocampo’s call for the arrest of Col Gaddafi on war crimes charges is his second for a sitting head of state. But as with his indictment of Sudan’s President Omar al-Bashir, this could be just as hard to enforce. Some fear this will only complicate efforts to bring the violence to an end, making it harder to negotiate a settlement – if potential interlocutors fear they will face future prosecution.

The Libyan authorities have already dismissed the International Criminal court as irrelevant. But the prosecutor’s office says it has been getting calls from some unnamed Libyan officials offering evidence, which if true suggests some at least take the prosecutor’s investigations very seriously. And the Libyan leader, his son and his intelligence chief are now looking even more isolated.

Mr Moreno-Ocampo said that after reviewing more than 1,200 documents and 50 interviews with key insiders and witnesses, his office had evidence showing that Col Gaddafi had “personally ordered attacks on unarmed Libyan civilians”.  “His forces attacked Libyan civilians in their homes and in public spaces, shot demonstrators with live ammunition, used heavy weaponry against participants in funeral processions, and placed snipers to kill those leaving mosques after prayers,” he told a news conference in The Hague.

“The evidence shows that such persecution is still ongoing as I speak today in the areas under Gaddafi control. Gaddafi forces have prepared a list with names of alleged dissidents, and they are being arrested, put into prisons in Tripoli, tortured and made to disappear,” he added. Mr Moreno-Ocampo continued: “His [Col Gaddafi’s] second-oldest son, Saif al-Islam, is the de facto prime minister and Sanussi, Gaddafi’s brother-in-law, is his right-hand man – the executioner, the head of military intelligence. He commanded personally some of the attacks.”

The prosecutor insisted he was “almost ready” for a trial, based on the testimony, particularly of those who had escaped from Libya. Libya’s opposition National Transitional Council praised the ICC move. But its vice-president, Abdel Hafez Ghoga, said: “We would like him [Col Gaddafi] to be tried in Libya first before being put on trial in an international court.

Selective justice?

Earlier, Mr Moreno-Ocampo said the three men were suspected of committing crimes against humanity in two categories – murder and persecution – under the Rome Statute, which established the court.  The charges cover the days following the start of anti-government protests on 15 February. Between 500 and 700 people are believed to have been killed in that month alone.

ICC prosecutors are also studying evidence about the alleged commission of war crimes once the situation developed into an armed conflict.  This includes allegations of rape and attacks against sub-Saharan Africans wrongly perceived to be mercenaries. An inquiry set up by the UN Human Rights Council is expected to submit its report on the alleged war crimes to the UN Security Council on 7 June.

 The charges cover the days following the start of anti-government protests on 15 February. Mr Moreno-Ocampo said he was acting in accordance with UN Security Council resolution 1970, which referred the situation in Libya to the ICC. The Pre-Trial Chamber’s judges may decide to accept the prosecutor’s application, reject it, or ask him for more information.

If a warrant for Col Gaddafi is issued, it would only be the second time the ICC has sought a warrant for a sitting head of state. Sudanese President Omar al-Bashir has been indicted for genocide in Darfur. Amnesty International said the international community must not allow justice to appear selective, because what was happening in Syria was “equal to if not worse than the situation in Libya”.

Overnight, Libyan state television reported Nato aircraft had bombed an oil terminal in the eastern port of Ras Lanuf. The alleged raid came after insurgents said they had taken full control of the western city of Misrata. The rebels also said they had defeated two brigades of troops loyal to Col Gaddafi in the city of Zintan, south-east of Tripoli, over the weekend.

The Guardian Guantanamo Bay Files: Al Queda Assasin ‘worked for MI6’


An al-Qaida operative accused of bombing two Christian churches and a luxury hotel in Pakistan in 2002 was at the same time working for British intelligence, according to secret files on detainees who were shipped to the US military’s Guantánamo Bay prison camp.  Adil Hadi al Jazairi Bin Hamlili, an Algerian citizen described as a “facilitator, courier, kidnapper, and assassin for al-Qaida”, was detained in Pakistan in 2003 and later sent to Guantánamo Bay.

But according to Hamlili’s Guantánamo “assessment” file, one of 759 individual dossiers obtained by the Guardian, US interrogators were convinced that he was simultaneously acting as an informer for British and Canadian intelligence.  After his capture in June 2003 Hamlili was transferred to Bagram detention centre, north of Kabul, where he underwent numerous “custodial interviews” with CIA personnel. They found him “to have withheld important information from the Canadian Secret Intelligence Service and British Secret Intelligence Service … and to be a threat to US and allied personnel in Afghanistan and Pakistan”.

The Guardian and the New York Times published a series of reports based on the leaked cache of documents which exposed the flimsy grounds on which many detainees were transferred to the camp and portrayed a system focused overwhelmingly on extracting intelligence from prisoners.

A further series of reports based on the files reveal:

• A single star informer at the base won his freedom by incriminating at least 123 other prisoners there. The US military source described Mohammed Basardah as an “invaluable” source who had shown “exceptional co-operation”, but lawyers for other inmates claim his evidence is unreliable.

US interrogators frequently clashed over the handling of detainees, with members of the Joint Task Force Guantánamo (JTF GTMO) in several cases overruling recommendations by the Criminal Investigative Task Force (CITF) that prisoners should be released. CITF investigators also disapproved of methods adopted by the JTF’s military interrogators.

• New light on how Osama bin Laden escaped from Tora Bora as American and British special forces closed in on his mountain refuge in December 2001, including intelligence claiming that a local Pakistani warlord provided fighters to guide him to safety in the north-east of Afghanistan.

The Obama administration on Monday condemned the release of documents which it claimed had been “obtained illegally by WikiLeaks”. The Pentagon’s press secretary, Geoff Morrell, said in many cases the documents, so-called Detainee Assessment Briefs, had been superseded by the decisions of a taskforce established by President Barack Obama in 2009.  “Any given DAB illegally obtained and released by WikiLeaks may or may not represent the current view of a given detainee,” he said.

According to the files, Hamlili told his American interrogators at Bagram that he had been running a carpet business from Peshawar, exporting as far afield as Dubai following the 9/11 attacks.  But his CIA captors knew the Algerian had been an informant for MI6 and Canada’s Secret Intelligence Service for over three years – and suspected he had been double-crossing handlers. According to US intelligence the two spy agencies recruited Hamlili as a “humint” – human intelligence – source in December 2000 “because of his connections to members of various al-Qaida linked terrorist groups that operated in Afghanistan and Pakistan”.

The files do not specify what information Hamlili withheld. But they do contain intelligence reports, albeit flawed ones, that link the Algerian to three major terrorist attacks in Pakistan during this time. Khalid Sheikh Mohammed, the self-confessed architect of the 9/11 attacks, told interrogators an “Abu Adil” – an alias allegedly used by Hamlili – had orchestrated the March 2002 grenade attack on a Protestant church in Islamabad’s diplomatic enclave that killed five people, including a US diplomat and his daughter.

He said Abu Adil was also responsible for an attack that killed three girls in a rural Punjabi church the following December, and that he had given him 300,000 rupees (about $3,540) to fund the attacks. The church attacks have previously been blamed on Lashkar I Jhangvi, a Pakistani sectarian outfit that has developed ties with al-Qaida in recent years.

Separately, US intelligence reports said that Hamlili was “possibly involved” in a bombing outside Karachi’s Sheraton hotel in May 2002 that killed 11 French submarine engineers and two Pakistanis.  But the intelligence against the 35-year-old Algerian, who was sent home last January, appears deeply flawed, like many of the accusations in the Guantánamo files.

Some of the information may have been obtained through torture. US officials waterboarded Khalid Sheikh Mohammed 183 times at a CIA “black site” in Thailand during his first month of captivity. And little evidence is presented to link Hamlili to the Karachi hotel bombing, other than that he ran a carpet business – the same cover that was used by the alleged assassins to escape.

What is clear, however, is that Hamlili was a decades-long veteran of the violent jihadi underground that extends from northern Pakistan and Afghanistan into north Africa. From the Algerian town of Oran, he left with his father in 1986, at the age of 11, to join the fight against Soviet forces in Afghanistan. Later he fell into extremist “takfir” groups, recruited militants to fight in the Algerian civil war, and gained a reputation for violence.

Under the Taliban the Algerian worked as a translator for the foreign ministry and later for the Taliban intelligence services, shuttling between Pakistan and Afghanistan in the runup to 9/11. Last January Hamlili and another inmate, Hasan Zemiri, were transferred to Algerian government custody. It was not clear whether they would be freed or made to stand trial.

Clive Stafford Smith, whose legal charity, Reprieve, represents many current and former inmates, said the files revealed the “sheer bureaucratic incompetence” of the US military’s intelligence gathering.  “When you gather intelligence in such an unintelligent way; if for example you sweep people up who you know are innocent, and it is in these documents; and then mistreat them horribly, you are not going to get reliable intelligence. You are going to make yourself a lot of enemies.

The Guantánamo files are one of a series of secret US government databases allegedly leaked by US intelligence analyst Bradley Manning to WikiLeaks. The New York Times, which shared the files with the Guardian and US National Public Radio, said it did not obtain them from WikiLeaks. A number of other news organisations yesterday published reports based on files they had received from WikiLeaks.

Syrian MPs resign after assault on protestors has resulted in nearly 100 deaths this past week

Published in the Guardian.

douma protester syria
At least 10 mourners were killed in Syria as pro-democracy protesters buried their dead after the bloodiest day yet of an uprising against the county’s authoritarian government. Two politicians also resigned from parliament in a sign of growing unease at the government’s use of lethal force. Nasser al-Hariri, a member of Syria’s parliament from Deraa, told al-Jazeera Arabic TV: “I can’t protect my people when they get shot at so I resign from parliament.” Minutes later a second politician, Khalil al-Rifae, also from Deraa, resigned live on the channel.

The resignations – the first during this crisis – were a significant sign of unease at escalating violence. Security forces again opened fire at funerals for Friday’s victims, where large crowds of mourners were chanting anti-government slogans. A witness in Izraa told the Observer that five people from nearby Dael and Nawa were shot dead at the entrance to the town . “They were attempting to come to the funerals of 10 people killed on Friday,” he said. He insisted the security forces and army were responsible. News agencies reported that at least two mourners had been shot dead by snipers in Douma, a suburb of Damascus, and three in the district of Barzeh.

Human rights organisations and activists said at least 76 people and possibly more than 100 were killed during the largest and bloodiest protests yet on Friday, as the unrest continued into its eighth week. Many were shot in the head and chest, and mosques were used as hospitals. Al-Jazeera reported accounts of Syrian security officers entering hospitals and clinics to take the dead and injured to military hospitals in an apparent attempt to cover up casualty figures.

Local human rights organisations claimed some Syrian Christians were among the dead. Christians, who make up around 10% of Syria’s population of 22 million, are largely supportive of the regime due to fears of a backlash by the Sunni Muslim majority. The claims could not be independently verified. Easter celebrations, in which parades of children and families usually flood the streets of Damascus’s old city, have been cancelled. It is unclear whether this was a decision by Christian leaders or if the government had put pressure on them in a bid to prevent large gatherings.

With the death toll since 18 March now above 280, international condemnation of Syria has begun to grow. Barack Obama issued a strongly worded statement calling the violence “outrageous” and said that it should “end now”. As in other protests that have swept the Arab world, social media have been one of the powerful tools of protest, subverting official channels. Amateur video footage of bloody scenes continued to emerge from the protests.

In one video, posted on YouTube, a man tells how security forces killed his son and left him to die. As the situation escalates, Syrian observers said the government had made it clear that it intended to cling to power with the use of violence, despite attempts at reform. “They want to push demonstrators to the limits,” said Ayman Abdel Nour, a Syrian dissident based in Dubai. He still believed that President Bashar al-Assad had time to show that he was serious about reform.

But after Assad recently lifted the country’s state of emergency, abolished the security court and appointed new governors in Latakia, Homs and Deraa, other commentators said he was running out of options.  Protesters have responded with a new round of chants. “We want the toppling of the regime,” said a resident of Ezraa, a small southern town that saw one of the highest death tolls on Friday. “The blood of our martyrs makes this our responsibility now.”

Activists acknowledged some concerns that protesters, who have been overwhelmingly peaceful so far, will be tempted to take up arms in self-defence. Syrians say weapons licences are hard to come by for non-Baath party members, but many people in the tribal southern region own guns.

The regime still retains the loyalty of the military and leading businessmen as well as many among the country’s minority communities. In the streets of central Damascus, many say they would rather stick with stability than take a risk on what would come if Assad’s regime was to fall.

Syria’s government, which has continued to blame the deaths on armed gangs, expressed “regret” at Obama’s sharp condemnation of Friday’s violence. “It isn’t based on a comprehensive and objective view of that is happening,” it said in a statement posted on the official Sana website. It added that Syria viewed Obama’s comments as “irresponsible”.  The statement came as al-Jazeera correspondent Cal Perry was ordered to leave the country, adding to an almost total blackout on independent and foreign media.

Waris Husain: Law and Humanity (when we lose our humanity to the letter of the law)

In the aftermath of the Pakistani Supreme Court decision to free five out of the six men accused of gang raping Mukhtar Mai, some are angered at the Court while others claim this decision was based on sound legal argument and precedent. This case reveals an instance where humans innately feel that injustice has been carried out by their judicial body, regardless of what the letter of the law states. But in modern legal thought, the abject focus on cold rationality represses the judge’s innate sensibility of right and wrong based on their love of humanity. However, the instinctual reflex in favor of justice and equality that judges posses when confronting an unjust law is embodied in the Constitution itself and must be understood more comprehensively than mere logic allows.

The case of Mukhtaran Mai displays how a legal decision may be well-grounded in law, but directly conflicts with our love for our fellow man/ woman. The story goes that Mukhtaran Mai’s family had a dispute with a higher ranking family, and the local jirga decided that she would issue an apology to the high ranking family and there would be a marriage between families. However, when Mukhtaran Mai arrived at the home to issue the apology, she was brutally dragged inside, gang raped by several men, and thrown out into the street naked as a hundred onlookers stood present.

The Supreme Court of Pakistan decided that due to a lack of evidence, only one man could be convicted of the brutal gang rape of this young girl. The case was originally brought under the Hudood Ordinance, which requires the victim to produce four Muslim males who witnessed the actual penetration in order to convict a defendant of rape. Thereafter, the Women’s Protection bill allowed for alternative evidence to be offered such as DNA. However, the courts inPakistanhave continually dealt with a lack of evidence in these cases for two reasons, both of which played a role in the innocent verdict for Mukhtaran Mai’s abusers.

First, local authorities do not conduct proper investigations for accusations of rape, and offer little protection to the victim, which leads to intimidation and violence against the victim and her family. This has created an atmosphere where most rapes go unreported, as victims know they will not be assisted or protected by the state, and the judges are well aware of this frightening trend.

Secondly, the prosecution of rape laws remains ineffective as the Hudood Ordinance continues to cast a shadow on the judgment of courts, which levy injustice after injustice against women. The evidentiary bar for a rape conviction was originally set at an impossible level of four male corroborating witnesses. This was based on a sexist and unjust logic: while the male rapist can individually deny the act occurred, the female victim’s allegations are four times as unlikely to be true, requiring four males to verify the rape occurred. This perception of the untruthfulness of female testimony continues to infect the court as it devalues DNA evidence and testimony from the victim, even though many nations give deference to the victim’s testimony in rape cases.

Yet, despite the inherent injustice in all of this, many have shown deference to the court for asserting its authority by following its precedent cases and the law. Indeed, Musharraf Zaidi, a columnist I hold in high regard, stated that a judge’s job is to execute the law not to act on emotion. This is the central argument under which the jurisprudence of theU.S.andPakistanhas developed, where one must uphold the status quo of the court’s prior decision in order to maintain stability and assert the authority of the Court. Thus, the training of lawyers focuses on repressing, as much as possible, their innate sense of humanity, fairness, and equity- replacing it with whatever status quo policy has been adopted earlier in time, regardless of its injustice.

Though scholars in the legal field pretend that their decisions are not subject to their own personal bias, it is difficult for any human with the job of interpreting words not to add their own subjectivity to the decision. Instead of attempting to cover up this subjectivity and giving it different names, an honest legal mind must accept its effect. Thus, inPakistan, when it came to issues that the judges of the Supreme Court were personally interested in, they found constitutional principles to challenge the political status quo. Yet, when it comes to the right of a woman to face her rapists in court, the Court is less willing to honor its belief in the equality of human beings.

The Court could have easily relied on constitutional principles that buttressed a sentiment of equality in the face of the unjust evidentiary bar set by for women in rape cases.  Article 14 of the Constitution guarantees the inviolability of the dignity of man, which is clearly violated whenever a woman’s accusations of rape go unpunished by the court because she can’t produce four witnesses.  Article 25 guarantees equality of all citizens and even permits for the state to make special provisions to protect women and children. Such a principle lays the foundation for the legal argument in favor of pursuing justice for Mukhtaran Mai even in the face of some evidentiary inadequacies.

The spirit of fairness inherent in human beings and the cold-rationality of the law are opposite ends of a spectrum, on which a judge should be in the middle. Both can equally guide one to make a decision that preserves the authority of the court while also pursuing justice. However, by focusing on upholding the letter of the Hudood Ordinance, the judges attempted to rely on a false veil between the law and their innate sense of right and wrong.

For legal and non-legal thinkers alike, it is important to value their innate feelings of equality and humanity rather than suppress them, as many are trained to do. The internal moral compass can help to guide a judge to the right decision when used alongside rationality and logic. The Constitution is the legal source which embodies humanistic principles, as it is created to improve the lives of citizens and promote fairness. Thus, when confronted with the requirements of the misogynistic laws which would lead to an unjust result, judges must trust their sensibility and utilize constitutional principles that truly promote equality and the pursuit of justice.

   

Love and the Law: An exerpt from Bulleh Shah (Required reading if you have studied the law)

Bulleh Shah (1680 – 1757) was a Punjabi Sufi poet, a humanist and philosopher from what is now considered Pakistan. As one of the leading figures in social thought and spiritualism, Bulleh Shah continually challenged the norms of society, be it materialism or hate for one’s fellow man.

While his work is expansive, the following passage was picked for a personal reason.  Throughout my career as a law school student I have felt an internal stuggle between what I would call my “Universal Self” (or innate sensibility of “fairness”) and the technical nature of the law as embraced by practioners and academics. Several justices over the years, the worst of which is Justice Scalia, have treated the cases that come before the US Supreme Court as a time to showcase thier talent of rationally explaing a inhuman or heartless decision by the court.

Most law school students in the first year, before they have been indoctrinated to accept the notion that injustice can/must be done in order to maintain the court’s precedent, always raise questions of a court not deciding the “right way” even though the Justices were maintained a high level of technical legal analysis. That is because we come into law school believing in our own internal moral compass, again what I would call a relationship to the Universal Self, and the process of learning the law forces one to take actions that may violate one’s own moral code becuase it is the “technically” correct thing to do.  

So I present Bulleh Shah’s verse which I will label as Love and Law. Though he presents teh argument as lambasting the laws created around religions by organizations and priests, but it easily translates to the abject focus on technical rationality in the modern legal forum.  This has been a more significant and epiphany inducing peice than anything I have read in law school- so for all the young lawyers, PLEASE READ THIS!

Love and Law are struggling in the human heart.
The doubt of the heart will I settle by relating questions of Law
And the answers of Love I will describe, holy Sir;

Law says go to the Mullah (priest) and learn the rules and regulations.
Love answers, “One letter is enough, shut up and put away other books.”
Law says: Perform the five baths and worship alone in the temple (reffering to the 5x daily prayer of Muslims) 
Love says: Your worship is false if you consider yourself seperate from the Universal Self.

Law says: Have shame and hide the enlightenment
Love says: What is this veil for? Let the vision be open
Law says: Go inside the mosque and perform the duty of prayer
Love says: Go to the wine-house and drinking the wine, read a prayer

Law says: Let us go to heaven; we will eat the fruits of heaven
Love says: There, we are custodians or rulers, and we ourselves will distribute the fruits of heaven
Law says: O faithful one, come perform the hajj (pilgrimage), you have to cross the bridge
Love says: The door of the Beloved (God/Allah) is in ka’baa; from there I will not stir 

Law says:  We placed Shah Mansur (a contraversial Sufi Saint) on the stake
Love says: You did well, you made him enter the door of the Beloved (God/Allah)
THE RANK OF LOVE IS THE HIGHEST HEAVEN, THE CROWN OF CREATION.
OUT OF LOVE, HE (Allah/ God) has created Bulleh, humble, and from dust.