Joe Biden has been accused of “capitulation” after his administration said Saudi Arabia’s crown prince should not face legal action over the murder of a US-based journalist.
Despite the US president having previously vowed to make a “pariah” out of the country’s rulers following the 2018 killing of Jamal Khashoggi, the State Department has declared Mohammed bin Salman’s high office should protect him from prosecution for his alleged role in the slaying.
The official call for the prince, widely known as MBS, to be granted immunity came as he faces a lawsuit filed by the fiancée of Mr Khashoggi and the rights group he founded, Democracy for the Arab World Now.
The request is non-binding and a final decision will rest with a judge.
But the move is bound to anger human rights activists and many US politicians, coming as Saudi Arabia cracks down on critics at home and abroad and has cut oil production, a move seen as undermining efforts by the US and its allies to punish Russia for its war against Ukraine.
The State Department said the decision to try to protect the Saudi crown prince from US courts in Mr Khashoggi’s killing was “purely a legal determination”, citing what it said was a long-standing precedent.
Despite its recommendation, the State Department said it “takes no view on the merits of the present suit and reiterates its unequivocal condemnation of the heinous murder of Jamal Khashoggi.”
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Saudi officials killed the Washington Post columnist at the country’s consulate in Istanbul.
They are believed to have dismembered him, although his remains have never been found.
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The US intelligence community concluded Saudi Arabia’s crown prince had approved the killing of the well-known and respected journalist, who had been critical of his brutal suppression of opponents.
Saudi Arabia has denied his involvement.
Image: Jamal Khashoggi’s remains have never been found
The statement issued by the Biden administration highlighted visa restrictions and other penalties that it had imposed on lower-ranking Saudi officials over the death.
The State Department said: “From the earliest days of this administration, the United States government has expressed its grave concerns regarding Saudi agents’ responsibility for Jamal Khashoggi’s murder.”
The statement did not mention the crown prince’s own alleged role.
As a candidate on the campaign trail back in 2019, Mr Biden said: “I think it was a flat-out murder. And I think we should have nailed it as that.
“I publicly said at the time we should treat it that way and there should be consequences relating to how we deal with those – that power.”
But as president he has sought to ease tensions with the kingdom, including bumping fists with Prince Mohammed during a trip in July as the US moves to persuade Saudi Arabia to reverse a series of cuts in oil production.
The head of DAWN, Sarah Leah Whitson, said: “It’s beyond ironic that President Biden has singlehandedly assured MBS can escape accountability when it was President Biden who promised the American people he would do everything to hold him accountable.”
Back in February 2021, Mr Biden had ruled out the US government imposing punishment on Prince Mohammed himself for the killing of Mr Khashoggi, a Washington resident.
Mr Biden, speaking after he authorised the release of a declassified version of the intelligence community’s findings on Prince Mohammed’s alleged role in the killing, argued at the time there was no precedent for the US to move against the leader of a strategic partner.
Ms Whitson said: “It’s impossible to read the Biden administration’s move today as anything more than a capitulation to Saudi pressure tactics, including slashing oil output to twist our arms to recognize MBS’s fake immunity ploy.”
The Biden administration also had the option of not stating an opinion either way.
Sovereign immunity holds that states and their officials are protected from some legal proceedings in other foreign states’ domestic courts.
Upholding the concept helps ensure American leaders in turn do not face being dragged before courts in other countries, the State Department said.
Human rights advocates had argued that the Biden administration would embolden Prince Mohammed and other authoritarian leaders around the world in more rights abuses if it supported the crown prince’s claim that his high office safeguarded him from prosecution.
Prince Mohammed serves as Saudi Arabia’s de facto ruler in the place of his father, King Salman.
The head of the UN has said Israel has only authorised for Gaza what amounts to a “teaspoon” of aid after at least 60 people died in overnight airstrikes.
UN secretary general Antonio Guterres said on Friday the supplies approved so far “amounts to a teaspoon of aid when a flood of assistance is required,” adding “the needs are massive and the obstacles are staggering”.
He warned that more people will die unless there is “rapid, reliable, safe and sustained aid access”.
Image: A woman at the site of an Israeli strike in Jabalia, northern Gaza. Pic: Reuters
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1:44
Gaza: ‘Loads of children with huge burns’
Israel says around 300 aid trucks have been allowed through since it lifted an 11-week blockade on Monday, but according to Mr Guterres, only about a third have been transported to warehouses within Gaza due to insecurity.
The IDF said 107 vehicles carrying flour, food, medical equipment and drugs were allowed through on Thursday.
Many of Gaza’s two million residents are at high risk of famine, experts have warned.
Meanwhile, at least 60 people have been killed by Israeli airstrikes across Gaza overnight.
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Ten people died in the southern city of Khan Younis, and deaths were also reported in the central town of Deir al-Balah and the Jabaliya refugee camp in the north, according to the Nasser, Al-Aqsa and Al-Ahli hospitals where the bodies were brought.
Image: A body is carried out of rubble after an Israeli strike in Jabalia, northern Gaza. Pic: Reuters
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3:08
‘Almost everyone depends on aid’ in Gaza
The latest strikes came a day after two Israeli embassy workers were killed in Washington.
The suspect, named as 31-year-old Elias Rodriguez from Chicago, Illinois, told police he “did it for Gaza”.
Israeli Prime Minister Benjamin Netanyahu accused Sir Keir Starmer, Emmanuel Macron and Mark Carney of fuelling antisemitism following the shootings.
Mr Netanyahu also accused Sir Keir, Mr Macron and Mr Carney of siding with “mass murderers, rapists, baby killers and kidnappers”.
Image: Palestinians search for casualties in Jabalia, northern Gaza. Pic: Reuters
But UK government minister Luke Pollard told Sky News on Friday morning he “doesn’t recognise” Mr Netanyahu’s accusation.
Earlier this week, Mr Netanyahu said he was recalling negotiators from the Qatari capital, Doha, after a week of ceasefire talks failed to bring results. A working team will remain.
The war in Gaza began when Hamas-led militants attacked southern Israel on 7 October 2023, killing some 1,200 people, mostly civilians, and kidnapping 251 others.
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The militants are still holding 58 captives, around a third of whom are believed to be alive, after most of the rest were returned in ceasefire agreements or other deals.
Israel’s offensive, which has destroyed large swaths of Gaza, has killed more than 53,000 Palestinians, mostly women and children, according to Gaza’s Hamas-run health ministry.
A woman has been arrested after 12 people were reportedly injured in a stabbing at Hamburg’s central train station in Germany.
An attacker armed with a knife targeted people on the platform between tracks 13 and 14, according to police.
They added that the suspect was a 39-year-old woman.
Image: Police at the scene. Pic: AP
Officers said they “believe she acted alone” and investigations into the stabbing are continuing.
There was no immediate information on a possible motive.
The fire service said six of the injured were in a life-threatening condition, three others were seriously hurt, and another three sustained minor injuries, news agency dpa reported.
The attack happened shortly after 6pm local time (5pm UK time) on Friday in front of a waiting train, regional public broadcaster NDR reported.
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A high-speed ICE train with its doors open could be seen at the platform after the incident.
Railway operator Deutsche Bahn said it was “deeply shocked” by what had happened.
In mid-May, the World Health Organisation assessed that there were “nearly half a million people in a catastrophic situation of hunger, acute malnutrition, starvation, illness and death”.
“This is one of the world’s worst hunger crises, unfolding in real time,” its report concluded.
Warning: This article contains images of an emaciated child which some readers may find distressing
Israel‘s decision this week to reverse the siege and allow “a basic level of aid” into Gaza should help ease the immediate crisis.
But the number of aid trucks getting in, so far fewer than 100 per day, is considered dramatically too few by aid organisations working in Gaza, and the United Nations accuses Israel of continuing to block vital items.
“Strict quotas are being imposed on the goods we distribute, along with unnecessary delay procedures,” said UN secretary general Antonio Guterres in New York on Friday.
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“Essentials, including fuel, shelter, cooking gas and water purification supplies, are prohibited. Nothing has reached the besieged north.”
Nineteen of Gaza’s hospitals remain operational, all of them are overwhelmed with the number of patients and a lack of supplies.
Image: Baby Aya at Rantisi hospital in northern Gaza is dangerously thin
“Today, we receive between 300 to 500 cases daily, with approximately 10% requiring admission. This volume of inpatient cases far exceeds the capacity of Rantisi hospital, as the facility is not equipped to accommodate such large numbers,” Jall al Barawi, a doctor at the hospital, told us.
At least 94% of the hospitals have sustained some damage, some considerable, according to the UN.
Image: Jall al Barawi, a doctor at Rantisi hospital
Paramedic crews are close to running out of fuel to drive ambulances.
The lack of food, after an 11-week blockade, has left thousands malnourished and increasingly vulnerable to surviving injuries or recovering from other conditions.
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Our team in Gaza filmed with baby Aya at the Rantisi hospital in northern Gaza. She is now three months old and dangerously thin.
Her skin stretches over her cheekbones and eye sockets on her gaunt, pale face. Her nappy is too big for her emaciated little body.
Image: Aya’s nappy is too big for her emaciated little body.
Lethal spiral
Her mother Sundush, who is only 19 herself, cannot get enough food to produce breastmilk. Baby formula is scarce.
Aya, like so many other young children, cannot get the vital nutrition she needs to grow and develop.
It’s a lethal spiral.
Image: This is what Aya looked like shortly after she was born
“My daughter was born at a normal weight, 3.5kg,” Sundush tells us.
“But as the war went on, her weight dropped significantly. I would breastfeed her, she’d get diarrhoea. I tried formula – same result. With the borders closed and no food coming in, I can’t eat enough to give her the nutrients she needs.”
“I brought her to the hospital for treatment, but the care she needs isn’t available.
“The doctor said her condition is very serious. I really don’t want to lose her, because I lost my husband and she’s all I have left of him. I don’t want to lose her.”
Some of the aid entering Gaza now is being looted. It is hard to know whether that is by Hamas or desperate civilians. Maybe a combination of the two.
The lack of aid creates an atmosphere of desperation, which eventually leads to a breakdown in security as everyone fights to secure food for themselves and their families.
Only by alleviating the desperation can the security situation improve, and the risk of famine abate.