October 09, 2019 "Information
Clearing House" -Last
week, Human Rights First and others hosted a panel
discussion on Capitol Hill aimed at keeping the
brutal murder of Washington Post journalist
and Virginia resident Jamal Khashoggi in the
forefront of Americans’ thoughts as the one-year
anniversary of his death approached. Eleven Members
of Congress—five senators and six
representatives—made appearances that were more than
cameos. They offered serious statements concerning
the murder and the perpetrators thereof, the Saudis.
Several even declared Mohammad bin Salman, the young
Saudi crown prince whose strategic mistakes are
embroiling the Kingdom in possibly its worse morass
since its creation, culpable of ordering the murder.
The majority of the U.S. Intelligence Community
backs them up. The important question is: how do
those of us who care obtain redress?
As the
policy-related attachments to the current military
spending bill, the National Defense Authorization
Act, or NDAA, make their way through the conference
process now occurring with regard to that some $740
billion defense authorization, we need to take note
that two such attachments concern respectively
Khashoggi’s murder and, very much connected, the
horrible war in Yemen. These two attachments, along
with several other contentious policy matters, will
be the difficult issues in the conferencing process,
not the almost three-quarters of a trillion dollars
allocated to the military. That part is a done deal.
The Khashoggi policy issue is contained in the
provisions of Subtitle K of HR 2500 (the NDAA).
These provisions mirror legislation labeled the
Saudi Arabia Human Rights and Accountability Act (HR
2037), which was sponsored by Tom Malinowski (D-NJ)
and Ann Wagner (R-MO) and passed the House with an
overwhelming bipartisan majority, 405 to 7. Members
of both parties have spoken out repeatedly about the
need for accountability for the Khashoggi murder. A
companion bill (including the same language) was
introduced in the Senate with bipartisan support by
Senators Chris Coons (D) and Lindsey Graham (R) (S.
2351).
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These NDAA provisions take a measured
approach to seeking accountability for
Khashoggi’s murder. They properly
balance accountability for a gruesome
murder with the need to maintain a
relationship, for now at least, with
Saudi Arabia. The provisions do require
a determination of those responsible for
the gruesome crime—an approach
championed by present and former chairs
and ranking members of the Senate
Foreign Relations and House Foreign
Affairs committees. The provisions also
include visa restrictions on those
determined to be responsible, subject to
a national interest waiver by the
president.
The NDAA provisions also include an “off-ramp”:
a statement of precisely what steps the authorities
in Riyadh must take in order to terminate the visa
restrictions. These steps, such as ceasing the
detention and torture of women’s rights activists,
enjoy bipartisan support.
The debate over the war in Yemen is more complex.
What is now attached to the NDAA (the
Khanna-Smith-Schiff-Jayapal amendment) reiterates
what was contained in the War Powers Resolution
legislation that passed both the House and the
Senate but was vetoed by President Trump in April.
Most vital in that legislation—and now in the
amendment to the NDAA—is the reassertion by the
Congress of its Constitutional responsibility vis a
vis the war power. That reassertion in the specific
case of the heinous war in Yemen would demand that
the President cease U.S. support for the prosecutors
of that war, principally the Saudis and the
Emiratis.
In addition to the killing and wounding of tens
of thousands of Yemenis by U.S.-supplied bombs,
there are several reasons this particular action is
past due. The war has caused a cholera outbreak that
is now responsible for the deaths of thousands of
Yemenis; rampant starvation that has killed tens of
thousands, many of them women and children; and the
utter devastation of what was already barely
adequate infrastructure in Yemen. Each of these by
itself would necessitate a swift end to this war.
The conflict is now seen by the region’s people as a
proxy war, with the Saudis and the Emiratis acting
on behalf of the United States in its increasingly
dangerous approach to Iran, which has further
diminished U.S. credibility and power in this
critical region of the world.
Moreover, the Saudi/Emirati alliance is losing
the war—thus, the U.S. is losing the war. Too many
lost wars can bring down empires. Consider the
retinue: Afghanistan, Iraq, Libya, Syria, and now
Yemen.
The only certain way to end this conflict and end
it swiftly is to forge a political solution. That
can be achieved far more readily if the U.S.
withdraws its indispensable support for the war and
directs Riyadh to settle its grievances at the
diplomatic table. The UAE seems to have already
caught a glimpse of this inescapable reality, if its
recent actions are any guide. Thus, to bring the
right pressure to bear on the White House, the
policy provisions on Yemen attached to the NDAA need
to stay where they are and accompany the full bill
to passage.
In fact, on both policy issues—Khashoogi’s murder
and the Yemen War—the results of the conferencing
should be—must be—to leave the legislation much as
it is and to let it ride. Let it ride to a vote, a
vote that President Trump will find extremely
difficult to veto.
That vote just might begin the process of
achieving justice and accountability for Khashoggi’s
murder and bringing an end to one of the most bitter
and destabilizing conflicts in the world.
Lawrence Wilkerson served 31 years in the
U.S. Army, retiring as a colonel. He is the
Distinguished Visiting Professor of Government and
Public Policy at the College of William & Mary.
This article was originally published by "Lobe
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