NightWatch

For the Night of 31 July 2009

North Korea: For the record. The Korean Central Broadcasting Station broadcast a report by the Korean Central News Agency that a patrol ship of the Navy of the Korean People's Amy captured one ship of South Korea on 30 July when it illegally intruded deep into the DPRK territorial waters in the East Sea of Korea (aka, the Sea of Japan).

A North Korean official told the South Korean government an investigation was underway into the four South Korean fishermen seized in North Korean waters July 30, but did not provide further details, including the fishermen's condition, The Associated Press reported 31 July.

A public admission of capture is always an invitation to bid for release, a form of engagement.

Pakistan: A 14-justice bench of the Supreme Court unanimously ruled today that Musharraf’s emergency order of November 2007 is unconstitutional. His dismissal of Chief Justice Chaudhry and other justices and his replacement of them are also unconstitutional. All the orders issued, including exonerating amendments to the Constitution are unconstitutional.

The Daily Times reported, “According to a 14-page short order read out by Chief Justice Iftikhar Muhammad Chaudhry, ‘Pervez Musharraf, under the garb of the emergency and the Provisional Constitution Order (PCO), made amendments in the constitution for ... powers which are all unconstitutional, unauthorized, without any legal basis ... without any legal consequences.’”

President Zardari, Prime Minister Gilani and Pakistan Muslim League Nawaz leader former prime minister Nawaz Sharif welcomed the ruling. Musharraf made no comment and the armed forces leadership has made no comment.

Comment: This ruling represents a clean sweep in restoring the judiciary; the outcome was never in doubt. Judges who accepted appointments by Musharraf disobeyed an explicit ban by the Supreme Court in 2007 which had already ruled Musharraf’s various orders unconstitutional at that time. Many of those judges will lose their jobs immediately. The situation of others is more complex. Some were constitutionally reinstated after the 2008 elections. Others will face proceedings before the Supreme Judicial Council, under article 209 of the Constitution.

The lineup of the politicians who approved the ruling indicates its primary object is to prevent military meddling in politics. It sets a precedent for disqualifying with penalties military interventions, manipulations and disregard for the Constitution. It is a stern reminder that commissions and oaths of office are taken to uphold and defend the Constitution, not people in positions of power. Whatever expectations Musharraf had for returning to politics in 2010 would seem to have been thwarted permanently.

The published summaries show that the Supreme Court carefully limited the ruling to the judiciary, the Provisional Constitutional Order (PCO) that supported the emergency decree and to appointments and orders pursuant to the PCO. The Court did not elaborate on the consequences of finding the PCO unconstitutional, which are potentially extensive in that they include federal and provincial decisions made and laws passed during the emergency. They include exemption from liability that Musharraf had the National Assembly pass. Any laws enacted by the National Assembly, at that time stacked with Musharraf holdovers, but without approval by the upper house of parliament are invalidated by today’s ruling or they were given a new period for review by the upper house, starting today. There were many, including creation of a Court for the Federal Territory of Islamabad.

Attorney General Sardar Latif Khosa submitted before the Court that the verdict should be such that it does not harm the system; thereupon, the Chief Justice queried him about the "system" and that the president, premier, Parliament and provincial assemblies are the only constituents of the system. The significance of the Chief’s statement is that the government system does not include the Army.

The political fallout is just beginning, but it’s a good day for the rule of law in Pakistan. The lawyers celebrated across the country. There will be more petitions. The Army has yet to be heard.

Iran: The U.S. State Department is investigating a report that Iranians have detained three Americans who were wandering near the border in northern Iraq's autonomous Kurdish region, The Associated Press reported 31 July. Two Kurdish officials, speaking on condition of anonymity, said the Americans apparently were arrested when they entered Iranian territory without permission. One official said the Americans were tourists. A spokesman for the State Department said the U.S. Embassy in Baghdad is investigating the report.

This looks like the Iranian version of the American journalists in North Korea.

Saudi Arabia-US: The News reported, “Saudi Arabia on Friday bluntly rejected U.S. appeals for improved relations with Israel as a way to help restart Middle East peace talks, saying the Jewish state is not interested in a deal.

After talks with Secretary of State Hillary Rodham Clinton, Saudi Foreign Minister Prince Saud al-Faisal said his country will not consider steps suggested by U.S. Mideast peace envoy George Mitchell until Israel accepts Arab demands to withdraw from all occupied Palestinian territories.

’Incrementalism and a step-by-step approach, has not and, we believe, will not lead to peace,’ Saud said as Clinton looked on at a joint State Department news conference. ‘Temporary security and confidence building measures will also not bring peace. What is required is a comprehensive approach that defines the final outcome at the outset and launches into negotiations over final status issues,’ the Prince said, referring to the borders of a future Palestinian state, control of Jerusalem, the return of Palestinian refugees, water and security.”

There is no peace process at this time. The Saudis just stuffed the US plan.

Note: Yes NW is aware that bronze is an alloy. The North Korean mine is, in fact, a copper mine developed by China under an agreement in the early 2000’s. The translation was defective, but source fidelity is essential.

End of NightWatch for 31 July.