ÚŃČí
 

Counseling:

Ask the Scholar

|

Ask About Islam

|

Hajj & `Umrah

|

Cyber Counselor

|

Parenting Counselor

 

Search »

Advanced Search »

 


Running Sessions  |  Recent Sessions  |  Archive  |  Schedule  |  Receiving Question  |  Search
 

Session Details
Guest Name Ahmed Motala, a South African human rights lawyer and activist 
Subject POWs Abuse: Are Human Rights Truly Universal?
Date Tuesday,May 11 ,2004
Time Makkah
From
... 18:00...To... 20:00
GMT
From
... 15:00...To...17:00
 
Name
Host..    - 
Profession
Answer
Dear viewers,

The session has just started. You are invited to join us with your questions.

After the session, you could view the whole dialogue in the recent sessions.

Yours,

IslamOnline Live Dialogue Editing Desk..

 
Name
Sarah    - United Kingdom
Profession
Question
Do you think that those accused soldiers and guards of Iraqi POWs abuse have real reasons for doing such shameful actions, I read that they even do not know any about Geneva Convention, what do you think?
Answer There is no excuse for torture and abuse of prisoners. Torture cannot be justified in any circumstances. It is prohibited even in times of war. It would be a serious concern if soldiers are not trained on the provisions of the Geneva Convention as these set out what is permissible and prohibited in times of war. Certainly the governments of the US and UK should be held accountable.

Currently the international courts that are sitting in the Hague, The Netherlands, Tanzania, are trying soldiers from the former Yugoslavia and Rwanda for crimes committed during times of war, including crimes such as torture and rape of women. Unfortunately, the US has not signed up to the new International Criminal Court that has the authority to try such crimes.
 
Name
Sami    - Egypt
Profession
Question
I do not believe that the human rights are universal!! We have to consider the cultural differences everywhere, what have happened in Iraq proved that the western theory of human rights is a myth, it's so selective, may be it's only for Americans!!
Answer Human rights are universal. The values that are central to human rights such as justice, equality, respect, dignity are also important values to all cultures and religions, which have existed long before western nations even conceptualized human rights. However the actions of the US authorities in Afghanistan, in regard to the prisoners being held in Guantanamo Bay, Cuba, and now in regard to the torture taking place in Iraq has threatened the universality of human rights. While many governments argue that human rights are not universal in order to deny their people human rights, the US has through its actions indicated that the human rights of its citizens is more important than the rights of Afghans, Iraqis and others. By arresting and placing in indefinite detention persons of Middle Eastern descent or those who are Muslims, the US and UK authorities have begun to demonize them, showing that they are not worthy of human rights protection. It is this attitude that has enabled US and UK soldiers to abuse Iraqi prisoners.
 
Name
Um Ahmed    - United States
Profession
Question
You mentioned that the US has not signed up to the new International Criminal Court can not we start a campaign to make USA sign it after such abuses in Iraq or is it too unpractical suggestion ?

Answer
There has been an ongoing campaign for the US and other countries to sign up to the International Criminal Court. During the process of the drafting of the international agreement to establish the Court the US tried to weaken the institution and even threatened to withdraw from NATO if European countries did not support its position.It has gone even further.It has forced smaller, weaker and dependent countries that have signed up to the International Criminal Court agreement to sign individual agreements with the US in terms of which they agree not to hand over US citizens for prosecution by the ICC. Many of these countries were blackmailed into signing these agreements on threats of the withholding of aid or with bribes of increased foreign aid. In Africa countries such as Botswana and Senegal have signed these bilateral agreements. A campaign in the US would certainly assist in putting pressure on the US government in rethinking its attitude to the ICC. Perhaps it would change its arrogant attitude which says: "we could try anyone for crimes committed anywhere but no one should try our citizens". I would strongly urge that civil society organizations and individuals in the US start such a campaign.

 
Name
Muhammad    - 
Profession
Question
Asalaamalkiyum: If Quran and Sunnah are so clear about what can be considered human rights, Why Muslim contries don't have their Standars...Fe amaan allah


Answer
Wa Alaikum Salaam. I believe that there is not a single country that is a Muslim country. While the majority of the citizens are Muslims, the authorities do not rule the country in accordance with the Quraan and Sunnah the failure of these governments to accord their people their human rights has to do with the desire to have absolute unquestioned power. It is tantamount to oppression. Values such as justice, respect for fellow Muslims, human dignity as sanctioned in the Quran and Sunnah are often absent in most of the so called Muslim countries.

We also need to look at how we live our lives as Muslims as well. For example, Islam has accorded respect to women more than 1400 years ago, making a dramatic change from how the Arabs treated their daughters during the era of Prophet Muhammed, may peace be upon him. We need to examine whether we are treating women with respect today. There are many instances of wife-beating within our own communities. So we should first examine whether we are living according the human rights principles in the Quran and Sunnah. Secondly, we often consider oppression only when it is imposed on us by non-Muslims. Muslims too are oppressors. Much has been said about the banning of the hijab by the French government, yet the hijab has been banned in Turkey and Tunisia for many decades yet as Muslims we have said nothing. Muslims around the world should unite to fight oppression by so called Muslim countries of their people.

 
Name
Mark..    - 
Profession
Question
How do you describe the torture in Iraq?


Answer
An international treaty defines torture as follows: the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person..." It is clear that any form of physical or mental pain or suffering is torture. The images that have appeared in the international media indicate clear cases of torture, including women soldiers jeering at the genitals of naked male Iraqi prisoners. However, torture requires a certain threshold to be passed before it could be classified as such and therefore the word "severe" is used. If someone is struck once, while that may amount to abuse and would be criminal, it may not be considered torture.

 
Name
Anwar    - 
Profession Engieer
Question
salam

Firstly I do believe human rights are or should be universal. My question is who has the right to set the rules of human rights. Is He the one who created the humans or the humanas themselves? We have seen how specially the west apply the laws of human rights selectively. How do you think the US and its coalition allies can be tried for human rights abuses? where does the UN come in or is it just a tool for commiting crimes?

Answer
Wa Alaikum Salaam. Human rights are universal because they are inherent; they belong to all human beings. We are entitled to our rights and are not given them as a favor. However human rights have now been recorded in international agreements. Initially, in 1948 there were very few independent countries from Asia, Middle East and Africa that formed part of the UN. So they did not have a say in the drafting of the early documents. However more recently all countries that are member states of the UN participate in drafting human rights standards, and they contribute on the basis of their cultural and religious understanding of human rights.

As regards instigating criminal trials for war crimes, I believe that there should be an international campaign to set up a special international court to try US and UK soldiers and leaders, who should also bear responsibility. The US campaigned very hard to have international courts set up to try those from former Yugoslavia and Rwanda who committed war crimes. The world should now campaign for US soldiers to face the same fate. Unfortunately because of the way in which the UN has functioned since 1948 with little transformation, the 5 permanent members (US, UK, France, Russia, China) of the Security Council almost control the UN. We have seen the veto by the US of resolutions against Israel, for example. Attempts to reform the UN have been ongoing for many years with strong resistance from the permanent members. There should be world wide campaign to reform the UN so that it is not dominated by the US.

 
Name
yassin khan    - Kenya
Profession salesman
Question
Asalamu Alikum ,I really Feel sad and ashamed of ourselves , the prisoners currently being tortured .How will we approach the accused people and tell them not to humiliate these prisoners ,our dua is with them.

Answer
Wa Alaikum Salaam. Both the US and UK governments only responded to these atrocities when the media exposed them. They knew of these abuses for many months. In fact, both governments received reports from the International Committee of the Red Cross at the beginning of this year but seem to have done nothing about it. Publicity and media attention is one of the most important ways in stopping and preventing the abuse of prisoners. The world should and must speak out against this abuse. Prominent world leaders should speak out loudly and call for those responsible for the abuse to be prosecuted before independent courts, not US or UK military tribunals. Former South African president Nelson Mandela has spoken out against this abuse. It is unfortunate that governments in the Middle East have not been more forceful about their comments. Perhaps because these authorities are also guilty of torturing their own citizens and have become means of allowing the US to commit such abuses. For example there have been reports of prisoners from Afghanistan being taken to Egypt for questioning so that they could be tortured to extract information.

 
Name
Jonas..    - 
Profession
Question
Do you refuse to consider the human Rights as international values?



Answer
I have stated that human rights are universal values, meaning they belong to each one of us wherever we may be. However, there may be differences in the way in which they are implemented.

 
Name
Sami    - Egypt
Profession
Question
Do not you agree that these incidents in Iraq are only reflecting the racist heritage of the American people? As you are South African, can not you feel it like that??

Answer
I believe that torture and abuse is closely linked with the abuse of power. The soldiers exercise absolute power over the prisoners, even of life and death. Discrimination against Iraqis certainly plays a role in this abuse. However, I have also witnessed the abuse of black South Africans by black soldiers and police officers to know that racism is not the only reason for such abuse.
I certainly believe that in this so-called "war against terrorism" there is a strong presence of anti-Muslim feelings and behavior. There have been many statements since September 11 that has equated Islam and Muslims with terrorism. Some of these statements have come from leaders of western countries. Citizens often believe their leaders without question and such statements lead to discrimination against Muslims, especially those of Middle Eastern origin.

 
Name
Ricardo Cabalgante    - Sweden
Profession Dentist student
Question
I dont understand why the american attacks islam?

Answer
I believe that it is a competition between ideologies or the attempt to subjugate any ideology that is different to theirs. We should not forget the recent wars in which the US has engaged in which it was fighting communism. Vietnam is the best example. However in Nicaragua, Mozambique, Angola and many other countries they fought these anti-Marxist or anti-communist wars through proxies.

The huge arms industry in the US could be another reason why the wars are continuing and may never end. In order to fight a war one needs an enemy. The arms industry is known to contribute large amounts to the presidential campaigns and somewhere along the line they call in their favors. Then there is the issue of geopolitical domination by the US of almost all regions of the world. Why is it that only the US should have military facilities in all parts of the world be it Europe, Asia or Africa? I believe that the US sees Islam as a threat to its capitalist, dominating ideology and therefore perceives it as an enemy.

 
Name
brother    - Canada
Profession
Question
I want to find out that if Milosevic in Yugoslavia can be tried for the crimes he was indirectly involved in, how come Bush, Tony Blair and Harward can not be tried in any world court for the crimes in Afghanistan and Iraq that happened due to the unjust war they started.

Answer

Technically they could be tried for war crimes. Bush is certainly Commander-in-Chief of the US army and therefore responsible for the actions of the US armed forces. However, it may be necessary to prove that they knew of these war crimes and condoned them or that they ordered such crimes to be committed. There are already attempts in the UK to get the British courts to try at least the soldiers who have committed crimes in Iraq. Whether any action is taken against Bush and Blair would depend on how much pressure is exerted by other countries, especially Arab and Muslim countries.


 
Name
Abdullah    - Syria
Profession
Question
Assaylamo Alaykoum,

Br. I know what had happened in Iraq is shameful and unjustifiable. However, I would like to hear you guys bring to the front the suffering of the Arab and Muslim prisoners at the hands of our so-called Muslim Leaders. WHY DO NOT YOU ASK THE RED CRESENT/CROSS TO INVESTIGATE WHAT GOES ON IN THE MUSLIM WORLD?


Answer
Wa Alaikum Salaam. I agree with you fully. I have also stated that we need to examine the human rights record of Arab and so called Muslim countries. It would shame us when we get to know what happens in prisons in these countries. If we are appalled and disgusted by what has been done to Iraqi prisoners then we should be even more disgusted about what is happening in prisons in Arab and Muslim countries. One of the reasons why such abuses are not being exposed is because the media is not free to publish such allegations. If they do, the reporters and editors are often arrested and imprisoned or even killed. The International Committee of the Red Cross visits prisons in many countries but only at the invitation of the government. Then too its report is kept confidential. The citizens of Arab and Muslim countries should campaign for investigations into human rights abuses in prisons and elsewhere. We often hear of incidents in which prisoners are tortured or killed. But what do we do about it? We are too afraid to speak out because we may suffer the same fate.

 
Name
um louqmaan    - South Africa
Profession south africa
Question
With regard to the issue of domestic violence within the Muslim community, it is my experience that Muslim women are generally afraid to speak out against this and I feel that Muslim men need to speak out against this together with women who are brave enough to speak. What approach would you suggest this handful of women take to educate and involve Muslim men in addressing and eradicating this unslamic behavior?

Answer
Domestic violence is a scourge that is affecting the Muslim community and needs to be tackled very urgently. We need to examine whether we are respecting human rights in our own homes before we point fingers at others. Most women are economically dependent on their husbands and therefore cannot break out of the cycle of violence. Then there is the social taboo of speaking about what is happening in your home. I believe that we should raise more awareness about the issue by speaking about it publicly at every opportunity. We should convince our Imams to use the pulpit to speak about the prohibition of such abuse in the Quran and Hadith. We should also convince more men to speak about it publicly. It is an issue that is close to my heart and I would be glad to help in some small way to stop domestic violence.

 
Name
Khalil    - 
Profession
Question
Will the Iraqi detainees be compensated for their suffering? If not, what will your organization do to help? Do you think the torturing and random killing of innocent people in Iraq continue for long?

Answer
One hopes that the Iraqi people will be compensated for their suffering. In a case in the British courts that is being reported on Islam Online, the UK government is arguing that the Iraqi authorities should compensate Iraqis who have suffered abuse. The UK and US government would only compensate Iraqis if there is public pressure within their own countries and internationally.

Unfortunately we work only in South Africa and neighboring countries and therefore would not be able to take up the issues of Iraq except that we could try to influence our government to raise the issue at the UN and publicly. From recent reports published by Amnesty International it is clear that the killing of innocent civilians and abuse of prisoners has continued since the occupation of Iraq and it is not likely to stop unless there is considerable international pressure on the countries whose forces are in Iraq.

 
Name
suhail    - South Africa
Profession primary school scholar
Question
The Americans condemned Sadam Hussein for human rights abuses yet they are guilty of the same crime. What can us as young Muslims do to eradicate this from our future?

Answer
We have to remember that Saddam Hussein committed very serious atrocities against his own people, including using poison gas against the Kurdish population. We should remember such atrocities in order to ensure that it does not happen again. Young Muslims should educate themselves about human rights so that they become aware of their rights and are able to protect them. They will also be able to know when human rights abuses are being committed. We should also not see human rights as being in conflict with Islam. Human rights are an integral part of Islam and we should go back to the source of such rights in the Quran and Hadith and advocate for them to be implemented, firstly in our own lives and then within our own communities. In that way we would ensure that each person in our community is treated with respect and dignity.

 
Name
Dna    - Egypt
Profession
Question
What are the practical steps that could be taken to punish those responsible for the torture of Iraqi prisoners?

Answer
Firstly, there has to be an independent investigation into the abuses. It is not sufficient for the UK and US military to investigate their own men. There is likely to be a cover-up especially if high ranking military personnel are involved. The US and UK authorities should publicly pledge full cooperation with such an investigation. Secondly, an independent and impartial criminal court should try those who are accused of torture. They should be tried before military court martial, which is often closed to the public and in which military officers sit as judges. Thirdly, the full extent of the abuse should be made public including the report of the International Committee of the Red Cross, which has submitted confidential reports to the US and UK governments
 

News | Shari`ah | Health & Science | Politics in Depth | Reading Islam | Family | Culture | Youth | Euro-Muslims | IOL Radio

About Us | Speech of Sheikh Qaradawi | Contact Us | Advertise | Support IOL | Site Map