Saudi Media Attacks Justice Against Sponsors Of Terrorism Act (JASTA) Passed By U.S. Congress

On September 28, 2016, the U.S. Congress passed the Justice Against Sponsors of Terrorism Act (JASTA), after it was vetoed by President Obama. The Act states, inter alia, that "a U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization."[1] While the law does not mention specific terrorist actions or countries, it will enable U.S. citizens impacted by the 9/11 attacks to file lawsuits in U.S. courts against Saudi Arabia.

Since the bill's introduction in Senate in September 2015, U.S.-Saudi tensions have been rising. It was reported that during his March 2016 visit to the U.S., Saudi Foreign Minister Adel Al-Jubeir threatened that if it passed, his country would sell off U.S. bonds and assets worth $750 billion so that U.S. courts could not order them frozen.

JASTA's passage has increased tensions even further, triggering a wave of condemnation by Saudi Arabia and other elements in the Arab world. For instance, Saudi Crown Prince Muhammad bin Naif told the UN General Assembly that Saudi Arabia and the international community were taken aback by its passage, and warned that JASTA countermands the most basic principle in international relations - a reference to the principle of sovereign immunity, according to which sovereign states are immune from prosecution in foreign courts. Bin Naif also stressed that Saudi Arabia had been among the first countries to condemn the 9/11 attacks, that it itself is afflicted by terrorism, and that it has worked tirelessly to thwart terrorist attacks, including those planned against countries that are "friendly" to it.[2]

Additionally, the Saudi Foreign Ministry and government expressed concern about the law's possible negative impact on international relations and on the concept of sovereign immunity "which has dominated international relations for centuries." They expressed hope that the U.S. Congress would take steps to prevent negative ramifications of the law. [3]

The passage of JASTA was also condemned by the Saudi Shura Council, the Gulf Cooperation Council (GCC), and the Arab League, which all said that it set a "dangerous precedent" that could destabilize international relations and harm the global economy. They argued that it constituted a violation of international law, particularly the principle of sovereign immunity.[4]

"America" lights fuse on global bomb with "JASTA" match (Al-Watan, Saudi Arabia, September 16, 2016)

The Saudi press published dozens of articles condemning the law, warning about Saudi reactions to it and its political and economic ramifications for Saudi-U.S. relations, and presenting various Saudi options to counter it: establishing a Gulf lobby in the U.S., aiding in the filing of lawsuits against the U.S. around the world, ending Saudi-U.S. security coordination, ending the setting of oil prices in dollars, establishing an independent Saudi weapons industry, similar to the Iranian nuclear program, as a means of pressuring the U.S., and more.

Some articles argued that the law would cause chaos and violate internationally accepted norms regarding national sovereignty, boomeranging on the U.S. and its interests by exposing it to lawsuits around the world because of the wars it had fought over the years.

Additionally, some articles alleged that the U.S. itself first creates terrorism and then exterminates entire peoples in its war on terrorism, and that its attempt to hold Saudi Arabia responsible for 9/11 was aimed at harming Saudi Arabia and the entire Middle East. One article called on the international community to reinvestigate the 9/11 attacks in order to end the U.S.'s use of them "to blackmail the world." It should also be mentioned that several of the articles included conspiracy theories blaming the U.S., or else Israel and the Jews, for the attacks.[5]

On the other hand, other articles rejected the outraged condemnations and blustering threats to take drastic action in response to JASTA, claiming that Saudi Arabia must not damage its historic and powerful alliance with the U.S. Some of the articles stressed that the critics of the law are elements that oppose Saudi Arabia's relations with the U.S. and are serving their own political agenda, which is not necessarily compatible with the interests of the kingdom. They recommended that Saudi Arabia launch a media campaign against JASTA that will present the kingdom's "rich record" in the war on terror.

The following report will present the official Saudi response to the passage of JASTA, as well as excerpts from articles about JASTA in the Saudi press:

Saudi Foreign Ministry: We Call On U.S. Congress To Prevent The Disastrous Ramifications Of JASTA

On September 29, 2016, a senior Saudi Foreign Ministry source issued a communique stating: "The ratification of JASTA is a source of great concern in countries opposing the principle of weakening sovereign immunity, as it [i.e. sovereign immunity] has been a guiding principle of international relations for centuries." It added: "JASTA could weaken sovereign immunity and negatively impact all countries, including the U.S." Pointing to the U.S. administration's opposition to JASTA in its current form, as expressed by the president, defense secretary, chairman of the joint chiefs of staff, and the CIA director, the source said that many countries, and dozens of American national security experts, are opposed to JASTA because they understand the dangers it could pose to international relations. He also expressed the hope that "wisdom will triumph and the American Congress will take the necessary steps to avoid the disastrous ramifications that could result from the passage of JASTA."[6]

 
"JASTA" - the U.S. drives a wedge between itself and the rest of the world (Makkah, Saudi Arabia, September 18, 2016)

Al-Riyadh Editorial: This Is A New Phase In Bilateral Relations; Lawsuits Will Be Filed Against The U.S.

The official Saudi daily Al-Riyadh's September 30, 2016 editorial stated that JASTA's passage had launched a new phase in U.S.-Saudi relations, from which the U.S. will not emerge unscathed, since it will be harmed as well: "What will become of international relations post-JASTA? Will the sovereignty of states be open to damage?... Will the U.S. be immune to the ramifications of this unprecedented law? Many questions will be raised regarding this law, which lays the groundwork for a new phase in international relations, a phase plagued with chaos and poor judgement.

"According to all opinions, including the U.S. administration's, this law sets a dangerous precedent that exposes the interests of the U.S. and its citizens to danger, as its implementation will not stop at the U.S.'s borders without infiltrating into other countries as well. [For] every nation's citizens are [now] entitled to file lawsuits in their [own] countries against the American government if they think that doing so will actualize their interests - especially in light of the fact that many of them think that the American administration's policies and actions in their country have damaged them in some way. If we go back to these [U.S.] interventions [in other countries], we will find that they are many - in Vietnam, in the Korean War, in South America, and of course in the Middle East.

"Every single citizen of those countries is entitled to sue the U.S. government and to demand unlimited compensation, in addition to the damage [that will be caused] to American interests and especially to [American] companies with billions of dollars in contracts worldwide that will be exposed to sanctions under JASTA.

"American interests are spread out worldwide, and there are also global interests in the U.S.; [formerly,] things have operated according to agreed-upon political and economic formulas anchored in a system of norms and laws regulating [international] relations. [But now] after JASTA['s passage], things will be very different, and international relations will once again be conducted in a manner which is closer to chaos... [Thus] we enter a very different phase, from which even the U.S. will not emerge unscathed, as President Obama and current administration officials have said... and among its allies, the U.S. will lose much of the credibility it so desperately needs."[7]   

 

U.S. harms itself with JASTA (Al-Jazirah, Saudi Arabia, September 26, 2016)

Editor Of Saudi Daily: Saudi Arabia Might Sell Its U.S. Assets, Cut Link With The Dollar, And End Security, Military Cooperation With U.S.

In an article in the official Saudi daily 'Okaz, editor Jamil Al-Dhiyabi outlined the measures Saudi Arabia would be considering following JASTA's passage, and the impact they would have on U.S.-Saudi relations and political, economic, and military cooperation: "Will Saudi Arabia stand idly by and make do with the condemnations [voiced by] its brothers, friends, allies, and experts [against JASTA]? Certainly, the kingdom will, first and foremost, operate according to the principle of  'tit for tat.' Therefore, as long as [Saudi Arabia's] representations in the U.S. have no immunity, then American representations in the kingdom will likewise have none against anyone wishing to sue the American government or military. This, especially in light of the fact that the U.S. has a bloody history: It led the invasion of Iraq and Afghanistan in the new millennium, and victims of its detention camps remain in Guantanamo and elsewhere.

"The kingdom will almost surely respond economically to the stubbornness of the [U.S.] Congressmen. In this matter, we anticipate a slowdown in trade deals relative to what it was before Wednesday, September 28, 2016. Additionally, [the Saudis] will reexamine most of their investments in the U.S., in light of the massive difficulties they will encounter. Moreover, the [Saudi] investors' diminished trust in the U.S. will cause them to consider other alternatives. Undoubtedly, this economic reaction will include the possibility of selling off Saudi assets in the U.S., such as government bonds, deposits, and funding agreements . Furthermore, [Saudi Arabia] will move to sell its U.S. Treasury bonds, valued at some $720 billion, and could also sell surplus stock to protect it from being seized by American courts, and invest instead in Saudi Arabia [itself] and other countries.

"It is also clear that the passage of JASTA could lead Saudi Arabia to unlink the [Saudi] riyal from the dollar, and to stop setting the price of oil in dollars, and instead sell it at a price set in [its own] currency or other currencies. This could negatively impact the dollar, since it is [the currency used] in the world's [foreign] currency reserves...

On the political level, Saudi Arabia will take advantage of the broad [scope] of its alliances [with other countries] in order to formulate a joint position regarding future cooperation with the U.S. This will provide an extensive opportunity for the allies to sue America for various injustices that were never redressed... We also are not ruling out the possibility that the U.S.-Saudi cooperation, and the U.S.-Gulf cooperation in general, in the struggle against terrorism will be damaged...

"As American experts have noted, Saudi Arabia has high-level connections with Asia and Europe, and it can resort to strengthening these connections in order to fill the vacuum that Saudi Arabia's opponents in America are attempting to create by means of this shameful act, which deserves to be called 'the Cowboy Act.'

Naturally, Saudi Arabia has several sources of armament, and it need not exert itself to obtain American equipment... We also cannot rule out the possibility that Riyadh will reconsider the permission it gave for American jets to use Saudi airspace en route to and from American military bases in the region, such as Al-Udeid airbase and Al-Sayliyah army base [in Qatar].[8] This will undoubtedly deal a harsh blow to an old ally..."[9]

 
"JASTA" - a weapon used by U.S. against "the Arab world" (Al-Iqtisadiyya, Saudi Arabia, September 16, 2016)

Saudi Journalist: U.S. Trying to Pin Blame For 9/11 On Saudi Arabia, While It Is The One Creating Terrorism

Saudi journalist 'Abdallah Al-Nasser argued, in a September 20, 2016 article in Al-Riyadh, that the U.S. first creates terrorism and then destroys peoples and crushes children in the name of the struggle against it. According to him, the current attempts to blame Saudi Arabia for 9/11 is an act of betrayal aimed at forcing U.S. control on the Middle East. He wrote: "I will absolutely not go into detail about U.S. crimes and its terrorism against the peoples. Suffice it to say that this is the country that used nuclear bombs against people, and the first country to use banned chemical weapons such as napalm, mustard gas, sarin, and hydrogen cyanide in its terrorist war against the Philippines, Laos, Vietnam, Korea, and Panama. It also used [depleted] uranium shells, thermobaric bombs, and cluster [bombs] against the Iraqi and Afghan peoples.

"The U.S., which purports to respect human rights, international law, and UN resolutions, is the first to violate and ignore them. The U.S., with its mentality of arming itself, works to establish its global empire, and to this end uses all methods of violent takeover of the peoples of the earth, particularly in the Middle East. That is why its jets fly through [Middle Eastern] skies, its battleships patrol its waters, and its bombs and missiles burn its land and crush its children and peoples. Its intelligence [organizations], spies, pigs, agents, and servants spread across [the region] like a plague. The U.S. [first] creates terrorism and then exterminates peoples in the name of the struggle against it. These forms of abuse, violent takeover, deception, and crime are elements of the American identity...

"Today, 15 years after the September [11, 2001] events, the U.S. is working to hold Saudi Arabia responsible for sponsoring these events, in a cheap, ugly act of blackmail. From day one, there have been doubts regarding the September events - not on the part of politicians, scholars, and foreigners, but among American engineers, scholars, and intelligence personnel, since it is impossible for a group that trained on Cessna aircraft and was directed by a man in a cave in Afghanistan to have carried out this operation, with all its elements - [and to have also]  penetrated all the [U.S.'s] accurate and complex land, satellite, and earth-based espionage apparatuses. At that time, no politicians ever hinted that Saudi Arabia was involved. On the contrary: Condemnations were aimed at Al-Qaeda and its leader bin Laden, and U.S. president Bush Jr. thanked Saudi Arabia for standing by the U.S. in its war against Al-Qaeda in Afghanistan, as it was the enemy of both [the U.S. and Saudi Arabia]. Needless to say, Saudi Arabia was and still is the primary target of Al-Qaeda terrorism.

"Gentlemen, the attempt to convict Saudi Arabia of funding the September events is not just foolish, traitorous, and contemptable, but is also evidence of an attempt to cause Saudi Arabia economic and political problems, to besiege it, hobble it, and revoke its role in the region and in Islam, in order to prepare the ground and lay the foundation for [the rollout of] a disastrous 'Persian-Zionist' plan based on dismantling the region, tearing it to shreds, and transforming it into a redrawn map of statelets that will devour and consume each other and will continue to be subordinate to tyrannical forces that strip them of their desires, their interests, their culture, and their honor. These tyrannical forces are the Persians, the Zionists, and the extreme Christian right wing. They lie in wait in the vertices of the sharp, damaging, venomous triangle in order to subjugate the region and completely purge it of its identity, history, and political attributes. After all this, is it not time for us to awaken?!"[10]

 
U.S., hands dripping blood, holds up JASTA (Al-Watan, Saudi Arabia, September 23, 2016)

Al-Riyadh Columnist: International Community Should Investigate 9/11

Columnist 'Adel Al-Harbi called on the international community to investigate the events of 9/11 in order to  end the "blackmail of the world" by America, which, he said, perpetrates terrorism itself. In an article titled "The Law That Holds the Cowboy to Account" in the daily Al-Riyadh, he wrote: "We must work [to open] an international investigation into 9/11 and establish an international tribunal to rule on the legality of numerous American procedures and on the extent of the American invaders' responsibility for international terror!! Why not debate the world's need for further clarifications about the team that was appointed to investigate the events of 9/11? How was this team selected and who were its members? How did it conduct its investigations? Were they carried out at Guantanamo or Abu Ghraib prison or in some other hot place under the sun? Isn't  the international community entitled to receive detailed answers to these questions...?

"The investigation of these obscure matters should be reopened, under joint international oversight, with Saudi Arabia as a prominent participant. The investigation should be transparent and based on agreed-upon criteria, since the families of the [9/11] victims, and the international community, have the right to know the truth.

"The U.S. killed hundreds of thousands of Japanese when it deliberately incinerated Hiroshima and Nagasaki... Don't their families have the right to sue the murderers? Doesn't Vietnam have the right to sue those responsible for killing over one million Vietnamese over a period of 13 years? The same goes for the families of 1.5 million Philippine victims, and so on and so forth, and the bombing of Yugoslavia, and the cold-blooded killing of 5,000 people in 1999, and [the wars in] Afghanistan and Iraq - all these are terrorist actions performed under the U.S. flag, which merit investigation.

"Today the international community - even more than the American citizen - needs an investigation of 9/11 based on transparent and agreed-upon criteria, in order to put an end to [America's] blackmail of the world and deter the cowboy who has become accustomed to burning down villages and then moving on without giving a another thought to their residents or to the world order."[11]   

Saudi Columnist: The Best Form Of Defense Is Offence

'Othman Al-'Ammar wrote in the Al-Jazirah daily: "The discourse [of the activists on social media who are condemning the law] is more emotional than rational... [However,] people do not attribute the slightest importance to the Muslims' feelings and emotions, [so this discourse makes it seem as though] we [Arabs] are trying to convince each other that American is bad, and that by passing JASTA it wants to harm us to an unprecedented degree, even though this is [already known] and accepted by everyone...

"It would be better if we had a rational, intelligent and considered message, agreed-upon by all the politicians, experts, intellectuals, economists, legal pundits, and influential writers, that would be published by an independent legal body and whose goals would be the following:  

1.      To clarify the Islamic/Saudi position, both official and popular, on terrorism in general and 9/11 in particular. This, by collecting everything that has been written and said [about 9/11], both by Saudis and by Americans about Saudis, from [9/11] until today. All [the material] will be written down in legal parlance and in a manner compatible with the Western mentality, and [then] will be discussed with the international community and the various media. This global message will be reinforced with [information on] terror attacks that have taken place in Saudi Arabia with the aim of harming its sovereignty and internal security.

2.      To subject the decision that has been taken [i.e., JASTA] to a rigorous investigation in search of loopholes, and train a team of Saudis experts well-versed in the laws pertaining to legal representation in such cases, who will undertake to defend [Saudi Arabia], should the need arise.

3.      To transform the issue from an American one into an international one and into a means of denouncing powerful countries, chiefly the U.S., and to turn global opinion against them after collecting documents and decisive evidence...

4.      To gather all the materials indicating that the events of 9/11 were an American operation, [while] supporting the proponents of this position and strengthening their presence inside the U.S., so that in time they will become a lobby with influence on the decision makers there - for the best form of defense is offence."[12]    

Columnist For Al-Medina Daily: There Are Indications That Iran, Hizbullah, Israel, U.S. Administration Were Behind 9/11

Hassan Nasser Al-Zahiri wrote in the daily Al-Medina that the U.S. Congress was falsely accusing Saudi Arabia of 9/11 while there is proof that Iran, Hizbullah, Israel and even the U.S. administration were behind them. He wrote: "I haven't a shred of doubt that the [Saudi] kingdom is innocent of the events of 9/11... It has been 15 years since the attack on the World Trade Center in New York, and the U.S. Congress is looking for a scapegoat on whom to blame the crime... The blame has been placed on the [Saudi] kingdom, the number one enemy of terrorism and the sponsors of terrorism. The placing of blame was done in several stages, by several states, but it never relied on facts or on credible proof, so it seemed [more] like score-settling.

"In the past, an American court issued a ruling proving that Iran and Hizbullah were among [the elements] behind the attacks... At the same time, a new American study accuses the Mossad of being behind the explosions. The Pakalertpress.com website - an American center dealing with hot topics and large issues - determined that the Mossad was the real culprit behind these explosions and that four Jewish crime syndicates were behind them. They conspired and cooperating in blowing up the two towers. This assumption is supported by the [fact] that 700 Jews did not show up for work at the [World] Trade Center [on the day of the attack], and they wouldn't have escaped certain death had they not been warned in advance.

"In his speech at the 65the session of the UN General Assembly, former Iranian president Mahmoud Ahmadinejad likewise accused the U.S. administration of planning the 9/11 attacks in order to protect Israel, save the American economy and preserve the U.S. influence in the Middle East.

"Despite all these indications, the Congress is searching for someone innocent on whom to pin the blame..."[13]

Israeli lobby caused U.S. Congress to pass JASTA (Al-Riyadh, Saudi Arabia, September 17, 2016)

Columnists Call To Form Gulf Lobby In U.S. Congress

Criticism of JASTA was also voiced by a Saudi official, namely Hamad Ahmad 'Abd Al-'Aziz Al-'Amer, foreign ministry undersecretary for regional affairs and the GCC and former GCC representative to the EU. In his daily column in the official paper 'Okaz, he said that the lesson to be learned from the passage of JASTA by the Congress is that the Gulf states must change their mode of operation vis-à-vis the U.S. and form a Gulf lobby in the U.S. Congress in order to guarantee their influence over its decisions.

He wrote: "After the [U.S.] Congress passed JASTA last week... the GCC states entered into a confrontation with [their] friend and ally, the U.S... The clear strategic shift in U.S. policy, aimed at overthrowing all the regimes in the Gulf, compels the GCC states - each one and all together - to build new channels of cooperation with the Americans, based upon the following principles:

1.      The immediate creation of a Gulf lobby in the U.S. Congress as part of a clear plan of action for confronting the U.S. perception regarding the protection of human rights, the inclusion of citizens in the running of state affairs and the protection of citizens' interests... and for strengthening the relations with the U.S. and [promoting our joint] interests, for the sake of a better future for both sides.

2.      Attempting to uncover secrets regarding the funding of the election campaigns of American presidential and parliamentary candidates in order to guarantee Gulf influence over its decisions.  

In an article in the Saudi daily Al-Yawm,  writer Dr. Ibrahim Al-Uthaymin discussed the operation of the pro-Israel lobby in the U.S. and "the role it plays in guiding American policy in the Middle East." Recent events, he said, indicate that there is also an Iranian lobby in the U.S., and that this lobby pressured the U.S. to adopt its new strategy of conducting a dialogue with Iran and restoring it to the role of "Gulf police" that it played during the Shah's era. Al-Uthaymin asked why "no influential Gulf lobby in the U.S. protects our interests and improves the image of our policy in American public opinion," and added that JASTA "proves the importance of establishing a Saudi-Gulf lobby that protects our interests in a country with which we have a long history of strategic ties and joint interests."[14]

    

U.S. uses JASTA to blow up the world (Al-Watan, Saudi Arabia, October 2, 2016)

Saudi Arabia Must Manufacture Own Weapons To Thwart U.S. Plan To Destroy It

'Izzat Al-Sabi'i, in the Saudi daily Al-Watan, called on the Saudis to manufacture their own weapons in order to thwart the American plan to destroy Saudi Arabia: "What [we] need is strength, as embodied by weapons - not weapons we buy from them [the Americans], but rather weapons we manufacture ourselves. Many countries have succeeded in doing this, and we can too, with minimal effort, as the nuclear issue led [the U.S.] to negotiate with a gang like Iran and ransom [American] prisoners.[15] Then we will teach them to respect the sovereignty of countries in general, and Saudi Arabia's in particular."[16]

Senior Saudi Journalist: It Is Folly To Undermine The Long-Standing U.S.-Saudi Alliance

'Abd Al-Rahman Al-Rashed, former editor of the London-based Saudi daily Al-Sharq Al-Awsat and former director-general of Al-Arabiya TV, rejected the calls for harsh measures in response to the passage of JASTA. He said that some of these calls come from elements aiming to harm Saudi Arabia, and stressed that the Saudis will not fall into this trap and will not harm the country's "long-standing alliance" with the U.S. He wrote:

"Well-meaning people urge the Saudis to boycott the U.S., disregarding its importance for us, [and the fact that] it possesses technology that allowed [us] to become the world's largest producer of oil. [These people] demand that we stop [using] the dollar, while ignoring the fact that China, which is larger and richer [than us] and less friendly to the U.S., makes even more transactions in dollars [than we do] and invests its financial surpluses in America. As for people with malicious intentions [towards us], they spread incitement, imagining that the Saudi government will naively sacrifice its long-standing relations with the U.S. [and behave] like Saddam [Hussein], [Mu'ammar] Qaddafi and [Ruhollah] Khomeini, who, following the same sort of advice, foolishly destroyed [their own countries]...

"However, despite the many difficulties facing Saudi Arabia, it can cope with lawsuits against it, legally and politically, thanks to its many connections and interests inside the U.S. and outside it." [17]

Opponents Of U.S.-Saudi Relations Are Hijacking JASTA For Their Political Ideology

In a similar vein, Saudi writer Youssef Al-Dini, in his column in the London-based Saudi daily Al-Sharq Al-Awsat, criticized opponents of JASTA who are calling for Saudi political and economic reactions against the U.S. and for harming bilateral relations. He argued that they are inciting the public in order to further their own political ideology, and even criticized Saudi Arabia itself for not launching an anti-JASTA media campaign or highlighting its own "rich record" of combating terrorism.

He wrote: "One of the troubling things afflicting the Arab and local arenas is that any problem related to the state's sovereignty or to strategic foreign relations is hijacked and exploited by everyone, for each person's own agenda and political ideology. We are seeing the return of this [phenomenon] here [with regards to JASTA]... We see [writers] analyzing JASTA outside of its unique American context, which began when the events of September 11 became a global disaster, in order to benefit from it at home... The exploitation of the [U.S.-Saudi] dispute over JASTA aimed at inciting people and recruiting their support, that is being carried out by U.S. opponents [in Saudi Arabia] from left-wing, nationalist, and political Islam circles, is a grave error...

"The issue of JASTA is not new and is not separate from the long-term context of U.S.-Saudi relations. Since September 11, [there have been attempts to discover] Saudi involvement in this matter, but no legal body could find any substantial evidence of it.

"For over two years, JASTA has been under preparation in Congress, but unfortunately it never encountered a media counter-campaign. Saudi Arabia could have presented its rich record in combating terrorism... [It could note] that it is the country that has, past and present, been impacted the most by all forms of terrorism, and [it could] reiterate its success at warning the Europeans and Americans [about terrorist attacks] thanks to its robust database of terrorist cells and affiliates.

"Those who are competing amongst themselves in touting slogans against U.S.-level, [by calling to] sever the ties to the dollar, for instance - have no [serious] alternative or concrete suggestions [to offer]. However, the things they write online in order to recruit the support of the masses 'fuel the crisis,' and this could have negative consequences."[18]

  

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