[PREFATORY NOTE: THE POST BELOW IS A SLIGHTLY MODIFIED TEXT OF AN INTERVIEW CONDUCTED BY DANIEL FALCONE, AND PUBLISHED ON APRIL. 17, 2020 IN COUTERPUNCH.]
World Order and the Sars-Co2-Virus
Daniel Falcone: Carlos Delclós, a sociologist based in Barcelona has highlighted the need for bottom up responses for social solidarity in Spain when compared to the unity declarations put forth by the monarchy. Further, journalist Ben Ehrenreich cites that while there are severe problems with the government, remnants of a democratic spirit and mutual aid keep optimism and hope alive within their system of universalized healthcare. Can you comment on the greater European response to pandemic?
Richard Falk: I am aware of the greater strength and role of cooperative movements in European countries, a residue of the socialist movements of the prior century, that give rise to more spontaneous approaches on local levels to immediate threats to well-being, exhibiting both less trust and less dependence on governmental undertakings.
Furthermore, European health systems are more evolved, fewer people left out, and more sense of public responsibility, although some deficiencies also emerged. Italy and Spain lacked sufficient governmental capabilities to cope humanely with the challenge of a pandemic, although the epicenter was initially in Lombardy, the richest part of the country.
Given the urbanization and social complexity accompanying modernity, the need for intelligent, imaginative, and humane governance is a necessity in times of societal crisis, and its absence magnifies suffering.
Daniel Falcone: The World Bank is reporting that Sub-Saharan Africa is experiencing a drastic economic downturn and the first in more than a couple of decades. Can you explain the unfolding in this region, which is fairly under reported by western democracies?
Richard Falk: Sub-Saharan Africa is still heavily dependent on the exports of resources rather than on the provision of services and high-end manufacturing, and as a result is exceedingly vulnerable to changes in the adverse terms of trade that arise whenever “deglobalization” trends are present. It would seem that the rise of ultra-nationalism, as highlighted by “Trumpist” economic nationalism, have negative impacts on sub-Saharan African development prospects.
Daniel Falcone: Recently, I spoke with John Feffer of Foreign Policy in Focus and he explained how the pandemic has impacted globalization in regards to a “slowbalization.” He has commented on additional dimensions of this elsewhere. Could you elaborate on the anti-globalization and ultra-nationalist worldview wave that autocrats around the world are riding currently? This looks as dangerous as the pandemic.
Richard Falk: There is no little doubt a rise of autocrats, elected and non-elected, in what seemed entrenched democracies (U.S., UK, India, Brazil), in faux democracies (Russia, Hungary, Egypt), and monarchies (Saudi Arabia, UAE, Morocco). This authoritarian surge, which came initially as a surprise to most of us, superseded expectations associated with the end of the Cold War that were triumphantly interpreted as an ideological victory for the West and its values, and especially for the American political economy.
George H.W. Bush, president at the time of the Soviet collapse, proclaimed ‘a new world order’ in which the geopolitical hegemony of the U.S. now was unopposed, and would no longer be challenged in global arenas. This meant that the UN could function as intended on the basis of consensus in a world without ideological rivalry, which allowed the UN to sponsor the Iraq War of 1992 designed to restore Kuwaiti sovereignty by compelling Iraq to abandon conquest and annexation.
Then Bill Clinton came along promoting a foreign policy based on a doctrine of ‘enlargement,’ shorthand for predicting and promoting the spread of democracies. It was accompanied by the optimistic belief that an era of peace and prosperity would follow the further spread of democratically governed states. It was widely believed that democracies do not go to war against one another and capitalism is the best engine of growth the world has ever known. From such perspectives the post-Cold War world was envisioned as becoming increasingly both peaceful and prosperous.
Such a worldview was supportive of regime-changing interventions, especially in the Middle East, to get rid of the more strategically troublesome remnants of autocratic regimes and reflected the prevailing enthusiasm about the growth potential of neoliberal globalization, an approach long championed by the neoconservative movement.
To become operational such a policy outlook needed both the 9/11 attacks to re-securitize American foreign policy and the neoconservative presidency of George W. Bush. The decisive test of this proactive outlook occurred in the Iraq War of 2003. Expressing this jubilant mood, Bush II introduced a government report on national security in 2002 with an assertion of faith in the singularity and superiority of the American form of governance that went largely unchallenged at the time. He contended that market-oriented constitutionalism (as exemplified by the USA) had demonstrated to the world that its form of democracy (elections plus capitalism) was the only legitimate way to organize the political life of a sovereign state in the new century.
So, the haunting question remains, ‘what went wrong’? The most obvious explanation rests on the alienating impacts of neoliberal globalization that seemed to heap its rewards on the very, very rich while leading to stagnation or worse for the multitudes.
This structural explanation of the rise of autocracy is certainly a large part of the story as predatory capitalism in this period gave rise to gross inequality on all levels of social order, symbolized by the 26 richest individuals controlling more than half of the world’s wealth. Another part of this story, less frequently acknowledged, is that the socialist alternative to capitalism was successfully discredited by falsely representing the Soviet political and economic failure as a decisive and sufficient test case of the viability of a socialist alternative.
This ideological supremacy of neoliberal capitalism facilitated two regressive developments: first, leading neoliberal globalization to privilege capital over people, or put differently, to choose economic efficiency over human well-being. Secondly, creating a political consciousness that fed the illusion that there were no tenable alternatives to the existing mode of political economy, completely ignoring the kind of autocratic state capitalism that flourished so remarkably in China in an ideological atmosphere that presented itself as fulfilling the hopes and dreams of socialism, experiencing a remarkable modernizing facelift under the leadership of Deng Xiaoping that had did not rest its claims on the virtues of democracy.
For most of the world, the Chinese phenomenon, while mesmerizing, was seen as not generalizable beyond China, or at least not beyond Asia. In such a setting there was a very unhealthy political situation—the dominant practices and policies of neoliberal globalization were not delivering material benefits to most people living in democratic societies, and the excesses of this stage of capitalism were left unchallenged, and hence unmitigated, by socialist challenges that had since Marx led the most adept masters of capital to seek accommodation with the laboring classes and create an image of an ethical capitalism that was inclusive of the great majority of people in their respective national societies.
With that humanistic imperative of ideological rivalry pushed aside, the path was cleared for the emergence of demagogues, and those who found scapegoats to blame for the widespread distress among the public, especially foreigners. This new kind of political appeal produces a blind kind of trust in the leader, however misleading the diagnosis, and feeds a nationalist frenzy at the very time that the world needs recognition of a cooperative global order to address such challenges as climate change. It is not without irony, that the U.S., which had long lectured the world on the many virtues of democracy, should voluntarily succumb to the autocratic ‘charms’ of Donald Trump.
It is notable to take account of the existence of some dissenters from ‘slowbalization,’ the most prominent is Richard Haass, former government official and currently President of the Council of Foreign Relations. He anticipates a recovery process that involves an ‘acceleration’ of pre-pandemic trends, including a concerted effort to restore the neoliberal world order with especial emphasis on its orientation toward limitless growth based on technological innovation and capital efficiency, but revamped in the precarious context of continuing American decline, which includes an absence of the kind leadership required to address global problems through multilateralism.
In the background of the Haass view of the post-pandemic world is an intensifying geopolitical rivalry producing conflict and increasing dangers of strategic warfare, presumably featuring a standoff between the U.S. and China.
Henry Kissinger, a stalwart of the triumphalist outlook that followed the Soviet collapse, is more hopeful than Haass, projecting the period after the pandemic subsides as a call for the reassertion of robust American leadership on the global policy stage. He believes that the openness of trade and the transnational mobility of people depend on the renewal of confidence in the neoliberal world order that proved so successful after World War II, and was constructed on the basis of Enlightenment values emphasizing the fusion of political stability, confidence in science and technology, and market-driven economic growth
In the background of the restoration of the pre-pandemic ‘normal’ is the ecological illiteracy of supposing that maximizing economic growth via globalization, or otherwise, can proceed without respect for the limits on carrying capacity of the earth. Frank Snowden, the widely respected expert on epidemiology in an illuminating interview (Il Manifesto, Global Edition, April 11, 2020) suggesting that COVID-19 virus and earlier flu epidemics (SARS, MERS, Ebola, avian flu) can all be traced to zoonotic transfers of the virus from animals to humans, expressing spillovers that he argues are bound to occur when animal habitats are encroached upon by spreading urbanization and industrialization.
A more reconstructive post-pandemic approach would strive for ‘a new normal,’ which combined the health imperative of sensible preparedness and universal coverage with an ecological sophistication that sought to mitigate inequalities among peoples and societies by addressing poverty as a health issue, including the recognition that diseases are more lethal in relation to vulnerable peoples, who suffer as victims and victimize others by becoming agents of contagion.
Daniel Falcone: After the dust settles from the pandemic, if it does, can you attempt a forecast of how global powers will align or realign?
‘Dealignment’ is more likely than ‘realignment.’ I am assuming here that either that the nationalist retreat from neoliberal globalization will continue or there will be strong moves, hard to forecast, in the direction of regional and global cooperation in key sectors of policy, with international institutions given important coordinating roles. In either alternative alliance, diplomacy seems not likely to reemerge in any manner comparable to what it was in the prior century. Trump has already significantly weakened the Western alliance structure, and except for the forays of “coercive diplomacy” contra Iran (in concert with Saudi Arabia, Israel), seems to have adopted a unilateralist foreign policy course supplemented by transactional bilateralism in which the interaction seeks win/lose outcomes based on hard power disparities.
Reverting to Haass and Kisssinger, it is worth noting that the pessimistic assessments of Haass are explicitly linked to his anticipation of the post-pandemic world order as resembling what happened in the decades after World War I, that is, the Great Depression, the rise of fascism, and a second world war. Kissinger, although habitually associated with a fatalistic view of the international scene, somehow strikes more hopeful notes by advocating and somewhat anticipating a post-pandemic recovery that resembles the dynamics of world order following World War II with the U.S. playing its former leadership role by recognizing the opportunities and needs for a more cooperative approach to global problems.
Daniel Falcone: Are there any chances for United States reform at a local or even an institutional level that can offset the political capital maintained by autocrats both here and around the world? Are we in fact, a “failed state?”
You raise an interesting question. A response must start with the disappointing observation that the 2020 election is between Trump and Biden, a familiar political figure who shaped his career around the bipartisan Cold War consensus of militarism, neoliberalism, and pro-Israeli absolutism. This orientation is what I have called elsewhere ‘the three pillars of American foreign policy’ that only Sanders dared challenge (and paid the price) as one sees what was done to his frontrunner status by the guardians of the established order. Sanders’ response that he lost the primary campaign, but his movement will go on fighting, is suggestive of the gap between the establishment world of political parties and his movement consisting of various societal domains of people that seems openly hostile to the bipartisan consensus, the deep state, and the special interest lobbies that continue to dominate not only the governing process, but also the electoral process
What is worth noticing is that even Trump despite his bombastic claims during the 2016 presidential campaign has as president paid his dues to the bipartisanship in foreign policy with his enlarged military budget, tax cuts for the richest and rollback of regulatory interferences with predatory capitalism, and the greenest light ever given to Israeli expansionism and one-statism. His only halfhearted departure from bipartisanship has been the downplaying of Euro-American alliance geopolitics.
Possibly, the autocratic edge of American politics would be dulled by a Biden presidency by more moderate judicial appointments and some effort to address gross inequalities, student debt, infrastructure, and an improved health system that encompasses the whole society. Yet, it would seem absurd to expect more from Biden, given that his principal message is ideational, a promise to restore national unity by reaching out so far as to include so-called ‘moderate’ Romney Republicans, who have never struck me as moderate except in comparison to their alt-right Republican leadership of the Trump era.
Biden’s unity message is also code language for restoring the bipartisan consensus in an overt form that would counter some of the ultra-nationalist retreat from globalization. In foreign policy we could expect a shift in tone from ‘America First’ to ‘NATO First’ as a way of differentiating his approach from that of Trump and of reaffirming faith in the Western alliance as once again the centerpiece of American foreign policy. It would be foolhardy to expect Biden after a centrist lifetime political career to pursue a progressive social and ecological agenda, yet without such an agenda we can be thankful to Biden for ending the reign of Trump while renewing our severe worries about the social and ecological shortcomings of the American governance experience given 21st century urgencies.
Triple Jeopardy: Refugees/Migrants/Palestinian Prisoners
25 AprTriple Jeopardy: Refugees/Migrants/Palestinian Prisoners
[Prefatory Note: This post was published in a somewhat altered form in Transcend MediaService on April 20, 2020 under the title “Triple Jeopardy and the Plight of Palestinian Prisoners.]
Double Jeopardy for Refugees/Migrants
Recently reflecting on the plight of refugees fleeing war zones in the Middle East and migrants from sub-Saharan Africa and Central America I was struck by the analogy to ‘double jeopardy.’ As widely understood, double jeopardy is a procedural rule of criminal law that prohibits prosecution by a state of an individual more than once for the same crime. It is deservedly treated as a human right that protects persons from being harassed after judicial acquittal by repeated allegations of the same alleged crime. The International Covenant on Civil and Political Rights (1966) in Article 14(7) defines double jeopardy: “No one shall be liable to be tried or punished again for an offense for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.” (There are exceptions for acquittals tainted by fraud, confessions by the accused, and the wording of the rule should be corrected for its gender bias implying that it is only ‘men’ who could be victimized by vindictive re-prosecution).
For some years, the images of violent border security associated with keeping masses of needy refugees or migrants from crossing international boundaries to reach more peaceful or affluent countries in Europe or North America is what prompted me to sense an analogy to the kind of ordeal that exists when someone wins an acquittal after a long, emotionally and economically costly trial, and is then confronted by a new indictment for essentially the same supposed criminal offense. In a well-administered democracy, the double jeopardy rule is taken for granted, and prevents such injustices from happening. But what of the world of refugees and migrants?
What made the double jeopardy comparison apt for me were these haunting images of doubling down on punishment of those who were not only innocent, but already victimized by circumstances beyond their control, and then again punished for acts that deserve empathy and accommodation, not punishment, if humanitarian values were extended to refugees/migrants. My existential premise, borne out by some experience, is that persons almost never leave their place of birth and family residence without overwhelming provocation, and are especially hesitant to use their small saving and meager borrowings to embark on a voyage to a distant land with a different language and culture. Most of us, even if dissatisfied with conditions in our native land or our personal circumstances will still not voluntarily depart from the familiarities of family and friends, and of language, traditions, and nationality. Only circumstances of grave danger such as presented by ravaged combat zones or resulting from grinding poverty found in societies that confront residents and entire communities with gray horizons of hopelessness that offer neither safety nor security, can induce most persons to so uproot themselves. In other words, the motivation underlying the emotional reality of the overwhelming majority of refugees and migrants is one of desperation, of grasping at straws and escaping doom. Of course, the small nomadic elites of adventurers, exiles, and expatriates are examples of persons leaving their home countries not from necessity, but in pursuit of the exotic and the paradisiac.
This sad depiction of the decision to flee to safety or to search for economic security is then generally accompanied by a treacherous and harrowing journey that often drains the traveler of his or her small savings. Many trips end with death and illness for many in the group, or perilous trips across stormy seas or barren deserts, only to be confronted by a coercive ‘no’ in the form of barbed wire, walls, detention centers, and even live ammunition if and when the destination is reached. To be placed in detention centers with long waits may be the best that can be hoped for by such forsaken souls, often including young children, that experience the depths of insecurity in their homeland, and also along the way that reaches a negative climax when and if the national goal is ever reached.
I am not suggesting that this refugee/migrant experience is double jeopardy in a legal sense, but it seems to possess the same ingredients of the unjust repetition of indictment and prosecution, itself punitive, that is prohibited as a part of civilized behavior in a society responsive to the rule of law, and protective of human rights. It is a kind of morally grounded, culturally and spiritually debasing, and often life-threatening duplication of criminal prosecution without any account being taken of human dignity and fundamental innocence of those being victimized, or the ordeal of struggling against a criminal allegation.
And yet, moral outrage or a call for compassion does not acknowledge the complexity of the issues raised. Unlike the individuals accused of the same crime a second time, the refugee/migrant does not, as such, pose real threats to the countries that are being expected to act as benign hosts or to extend hospitality to strangers in need. This is notto say that a country does not have the right to deny entry to those with criminal records or contagious diseases, provided due process is accorded, and similarly have authority to insist that those who enter do legally.
We live in a state-centric world where international boundaries define the outer limits of community, which has not changed fundamentally no matter how much we hear cosmopolitan sermonizing and ecologically persuasive calls for planetary identity. In such a framework, the citizenry of a country feel threatened in various ways by the influx of large numbers of strangers, especially if their racial and cultural characteristics clash with that of the country asked to show hospitality or grant asylum. The reality of this resistance is producing extremisms of scapegoating and xenophobia, which make moderates search for compromises in the form of requiring lawful entry, quotas, job training, and language and civilizational educational resources. Given the scale of the challenge, and the unlikely emergence of greater receptivity, the main line of an effective and humane response structure should be a large investment in overcoming the conditions in foreign countries that give rise to massive displacement and large numbers of persons desperate to find more sustainable life conditions. Overcoming double jeopardy in these settings depends on a self-interested globalization of responsibility for achieving peace and security, as well as lifting the curse of poverty, and this requires the drastic reform of the way the benefits of neoliberal globalization are distributed much more equitably than in the past.
Triple Jeopardy for Palestinian Prisoners at a Time of Pandemic
This metaphor for layers of unjust suffering initially occurred to me while preparing a ZOOM presentation on the abuse of Palestinian prisoners in the context of the health dangers associated with the COVID-19 challenge. Such dangers were present for Palestinians under pre-pandemic conditions, but greatly aggravated by Israeli failures to mitigate the additional and aggravated risks that come from keeping around 5,000 Palestinian prisoners in overcrowded prisons where some of the guards and security personnel were reported as testing positive for the virus yet continued to interact with prisoners without prescribed personal protective gear (PPE), and where insufficient hospital and medical capabilities existed in the event that the disease started to spread. This overall sub-par situation was further accentuated in relation to an. estimated 172 child prisoners, many elderly and disabled prisoners, and almost all inmates incarcerated for nonviolent security offenses that should never have been criminalized because of falling within the scope of a right of resistance possessed by persons living under an apartheid regime, which is itself a serious violation of international criminal law. The right to resist Israeli apartheid, at least within the limits of international law regulating violence by reference to choice of targets and other considerations. Israel has not accepted WHO guidelines or a variety of humanitarian appeals by respected NGOs to release at least ‘low-risk’ prisoners as well as those with ‘underlying conditions,’ children, and the elderly.
Taking these considerations into account the ‘triple jeopardy’ framing seems justified to underscore the layers of injustice endured by Palestinian prisoners at this time. As the Palestinian writer, Ramzy Baroud, writes, “..all of Palestine has been in a state of ‘lockdown’ since the late 1940s when Israel became a state and the Palestinian homeland was erased by Zionist colonialists with the support of Western benefactors.” To drive the point home, Baroud adds, “In Palestine, we don’t call our imprisonment a lockdown, but a ‘military occupation’ and apartheid.” [See Baroud, “A Palestinian Guide to Surviving a Quarantine: On Faith, Humour, and ‘Dutch Candy,’” Middle East Monitor, April 5, 2020]. In effect, Baroud is insisting that all Palestinians are enduring an unjust ‘imprisonment’ that has lasted for more than 71 years with no signs of abatement, and is itself a punishment of individuals of a certain ethnicity for the ‘crime’ of existing.
On this basis, the criminalization of resistance, including nonviolent and symbolic forms, extending even to poem and poets (for example, Dareen Tatour, and her crime, the poem “Resist, my people, resist them”), has resulted in harsh confinement in Israeli prisons, including reliance on such legally dubious mechanisms as ‘administrative detention’ (imprisoning without charges or any due process for extended periods) and the unlawful transfer of prisoners from detention in Occupied Palestine to prisons in Israel [behind the green line], andd out of reach of family members). In effect, the imprisoning of any Palestinian in Israeli jails is Double Jeopardy because it puts Palestinians already punishment by lockdown, displacement, and dispossession behind bars because they dared to assert their right of resistance.
The allegation of Triple Jeopardy arises from the failure to suspend or mitigate prison condition in light of the Coronavirus Pandemic, and the related failure to take responsible steps to protect those so confined from contracting a highly contagious and potentially lethal disease. A virtual death sentence hangs over every single Palestinian prisoner for as long as the pandemic lasts, and poses especially acute risks with respect to particularly vulnerable categories of Palestinians living in prisons.
Toward Solutions?
It is not possible to set forth detailed proposals to overcome double and triple jeopardy as depicted. I will only indicate the vectors that point in a direction sensitive to practical and normative aspects of the challenge.
For Double Jeopardy: seek to accommodate an ethos of hospitality and empathy with a major commitment at the UN and by national governments to take steps to remove the conditions of mass desperation prompting large numbers to leave their homelands, an undertaking ideally funded by a globally administered tax on luxury goods, financial transactions, fossil fuels, and transnational air travel.
For Triple Jeopardy: release all Palestinian political prisoners immediately, with a sense of urgency, and commit to ending apartheid as the essential step toward a sustainable and just peace based on the equality of rights of Jews and Palestinians.
Tags: apartheid, COVID-19. refugee/migrants, double jeopardy, Israeli prisons, right of resistance, unjust punishment