The Foreign Service Journal, April 2003

al law gives it immunity from sur- rendering documents related to its diplomatic mission. Burton main- tains that these records could shed light on child custody cases and accusations that the embassy aided the abductors. The Saudi Perspective For their part, the Saudis are mystified as to why they are getting far more attention than other coun- tries that have a higher incidence of custody fights that involve interna- tional abduction. “If there is concern with the issue of child custody, the focus should be on the most egregious violators,” said Adel al-Jubeir, a spokesman for the Saudi Embassy, speaking at a December news con- ference. “And the focus should be on the countries that have the largest number of cases, not a coun- try that has less than 1 percent.” As examples of countries with worse records, he cited Germany, Austria, Mexico, Canada and England. He said the Saudi Foreign Ministry has established a task force with a view toward setting up mechanisms to resolve child custody cases. However, State Department offi- cials doubt this approach will make a difference. Al-Jubeir suggested the problem may not have a solution. “At the end of the day, these are strictly personal matters between parents [who] happen to be in two different countries, protected and subjected to two different laws.” Al-Jubeir had noted previously that while a U.S. court may have decreed that Roush has a right to custody of her daughters, Gheshayan can also claim custody rights, based on an order from a Saudi court that was handed down after he returned to his homeland with his daughters. Ryan Crocker, a deputy assistant secretary of State in the Bureau of Near Eastern Affairs, told Burton’s committee last October that the administration, as well as left- behind parents, have difficulty get- ting around Saudi law. Crocker pointed out that the A P R I L 2 0 0 3 / F O R E I G N S E R V I C E J O U R N A L 63 The State Department would have more leverage in the case if Saudi Arabia were a party to the Hague Convention.