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BUENOS AIRES – Argentine authorities are investigating the possibility of criminal prosecution of Crown Prince Mohammed bin Salman of Saudi Arabia as he prepares to attend the international summit of world leaders this week in Buenos Aires, said officials involved in the investigation.
The investigation, which focuses on allegations of war crimes perpetrated during the Saudi government's military intervention in Yemen, is the most significant test to date of Prince Mohammed's ability to overcome the international turmoil that has occurred. has surrounded him since the murder of Saudi dissident Jamal Khashoggi. a Virginia resident and Washington Post columnist.
The Khashoggi case should also be part of the investigation as well as allegations of torture in Saudi Arabia.
The investigation in Argentina, opened as a result of a complaint filed by Human Rights Watch, the advocacy group, is in its infancy. The immunity of diplomats or other types of immunity could ultimately protect the prince from any possible charge. Argentine officials said it was extremely unlikely that the investigation could result in a warrant for arrest before the rally, which is due to start on Friday.
However, even a slight risk of litigation in Argentine courts could overshadow a trip previously seen as an opportunity for Prince Mohammed to show that he was still welcome among world leaders, even after the conclusion of US intelligence agencies than he had authorized the assassination of Mr. Khashoggi.
Any retreat from the Group of 20 summit meeting, attended by leaders of the world's largest economies, could be a sign that the continued stigmatization of the Khashoggi massacre could hinder the 33-year-old crown prince's effectiveness. as a regional leader – a role that Trump administration officials have cited as a primary reason for staying with him.
Last week, President Trump rejected US intelligence's finding on Prince Mohammed's guilt, while acknowledging that he was perhaps aware of the murder: "Maybe 39 he did it and maybe he did not, "said Trump in a statement.
Mr Trump insisted that Washington should nevertheless continue to support Prince Mohammed, believing that it was in the economic and strategic interest of the country to do so: because Saudi Arabia is a valued customer for US weapons, a major source of oil and a useful partner containing Iran.
Backed by Trump's support, Prince Mohammed recently visited Saudi Saudi allies in the region during a week-long visit, where Saudi news agencies photographed him smiling and shaking hands with his family. Arab leaders without any mention of the Khashoggi affair.
But the move by Argentine prosecutors is now threatening to halt his victory as he comes to an end at the summit meeting where he was to mingle with Trump and other Western leaders. so-called G20 countries.
"Mohammed bin Salman should know that he could be the subject of a criminal investigation as he ventured into Argentina," said Kenneth Roth, executive director of Human Rights Watch. in a statement.
The law in Argentina is exceptionally favorable to the handling of international human rights cases because of the legacy left by the country's transition from a military dictatorship. Under the military regime from 1976 to 1983, about 30,000 people were killed or disappeared. Argentina's immunity laws were rescinded in the early 2000s and its prosecutors have since indicted thousands of people for human rights violations committed under military rule.
Argentine law has incorporated a broad interpretation of universal jurisdiction, the doctrine that some serious rights violations constitute violations of humanity and must be prosecuted anywhere.
Carlos Rívolo, president of the association of prosecutors, said that a complaint against the crown prince had been sent Monday to a prosecutor. This prosecutor will now decide whether or not to open a formal investigation.
These cases are awarded by lottery in Argentina and the prosecutor charged with assessing the potential charges, Ramiro González, could not be reached for comment.
Mr. González has a track record of handling international human rights cases, including the eight years of prosecution of Argentina for crimes committed during the 1980s. the 36 years of dictatorship of General Francisco Franco in Spain. (Spain has invoked the same principle of universal jurisdiction to prosecute an Argentine military official, who was sentenced in 2005.)
Although the murder and dismemberment of Mr. Khashoggi by Saudi agents in a consulate in Istanbul were the most damaging to Prince Mohammed's image, the Argentinian inquiry seems to focus on potential crimes committed during the Saudi military intervention in Yemen.
Prince Mohammed, who is the Kingdom's defense minister and his de facto daily leader, led a three-and-a-half-year bombing campaign and Yemen's naval blockade by a coalition of Arab allies seeking to dislodge. of power a Yemeni faction allied with Iran.
Human Rights Watch's petition, handed over Monday to Argentine justice, says Prince Mohammed was responsible for multiple violations of international law in Yemen, including "indiscriminate and disproportionate air raids on civilians", as well as the use of weapons. munitions banned internationally. cluster bombs.
Human Rights Watch has documented up to 90 "seemingly illegal coalition airstrikes" that "strike houses, markets, hospitals, schools and mosques" while UN and UN agencies have been investigating and reporting. Other organizations have identified dozens of others, Roth said in the petition. .
A Saudi-led coalition airstrike in August 2018 killed at least 26 Yemeni children and wounded 19 others in or near a school bus. An air strike in October 2016 killed or injured thousands of civilians during an overcrowded funeral. A series of bombings perpetrated in a well in September 2016 killed 31 civilians as well as other people who were looking to remove the bodies.
"Some of these attacks – if they are ordered or committed by individuals with criminal intent – can constitute war crimes," Roth wrote.
By limiting imports of critical foodstuffs, the Saudi-led coalition "may also have violated the ban on using famine as a method of warfare, which constitutes a war crime", according to the petition.
United Nations officials have said the Saudi Arabian blockade exposed 14 million people at risk of starvation, and a panel of UN experts concluded earlier this year that "with the required intention, "the blockade of Yemen" may constitute an international threat.Crimes, "the petition noted.
In addition, "the Saudi government placed under the authority of Crown Prince Mohammed bin Salman has been implicated in serious allegations of torture and other ill-treatment of Saudi citizens," the petition said. Several recent reports, including in the New York Times and by Human Rights Watch, have reported allegations that female activist detainees have been subjected to electric shocks, beatings and sexual harassment.
The Human Rights Watch petition also quotes a report in the Turkish media, citing unnamed sources, that Saudi agents who killed Mr. Khashoggi also beat and tortured him during his last moments. The Turkish intelligence services have an audio recording of the murder that was obtained inside the consulate and could corroborate such reports. Turkish officials familiar with the audio recording said it was a quick and deliberate assassination, not prolonged torture.
Prince Mohammed is expected to continue his tour Tuesday in the Tunisian region, cradle of the uprisings of the Arab Spring and only Arab country with both freedom of expression and a history of peaceful rotation of power. Activists in Tunis protested against his arrival on Monday with a banner depicting a chainsaw, referring to the dismemberment of Mr. Khashoggi.
