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Will Confronting Iran Lead to War or Peace?

1 Oct

[Prefatory Note: The post below is a slightly modified version of an interview published in The Nation on September 25th, following the September 14th attack on Saudi oil facilities. It follows a pattern with respect to Iran of accusations, denials, and public uncertainties. This combination of elements, given the leadership in Washington and Tehran, one blustering, the other inflexible, can easily produce an unintended stumble into war. A second shorter interview is appended, conducted prior to the attacks by an Iranian journalist, M.J. Hassani of Tasnim News Agency. It illustrates the seeming rigidity of Iran’s Supreme Guide, considered as having the final word on government policy, exceeding that of the elected leadership.]

 

Daniel Falcone Introduction to the Interview: After accusations of Iranian drone attacks on Saudi oil facilities, Iranian officials and authorities indicated that “full-fledged war” with the United States could be imminent, prompting Aramco, Saudi Arabia’s state oil company, to suspend oil production by nearly 6 million barrels per day. US Secretary of State Mike Pompeo referred to the purported aggression as an “unprecedented attack on the world’s energy supply.” The allegations caused other countries to ostracize Iran at the United Nations General Assembly and significantly complicated the prospects of a multilateral nuclear deal.

 

Falcone: Can you provide some context for this latest series of headlines regarding the “Iranian threat.” Is this just “old wine new bottles?”

 

Falk: The magnitude of this attack on Saudi oil facilities makes the situation more dangerous even if it is considered as nothing more than a quantitative escalation of Iran’s response to US sanctions and other provocations, an Iranian version of Trump’s proclaimed policy of applying ‘maximum pressure’ to bring Iran to its knees. Yet it could be a qualitative escalation if the attack is treated as the biggest test of the US commitment to dominance in the region since 1956 when the US sided with the UN in calling for France, the UK, and Israel to withdraw from the Sinai after the Suez Operation. As Falcone suggests, the American Secretary of State, Mike Pompeo, made war-mongering remarks, including calling the attacks ‘an act of war.’ It is hard to deny that such an attack is an act of war, but against whom, by whom, has not been firmly established.

And yet, the hawks in the room clamor for blood, and do not seem to mind if the result is an all out regional war. Stephen A. Cook, the respected Council on Foreign Relations Middle East expert, endorsed this qualitative line of interpretation when he ended his analysis of the attack with some inflammatory words: “If Trump does not respond militarily, the United States should just pack up and go home.” [see Cook, “This is the Moment that Decides the Future of the Middle East,” Flash Points, Sept. 18, 2019]

 

At the same time, Trump seems to be inclined, at least for the present, to regard the attacks on the Abqaiq oil processing facility and the Khurais oil field as a big serving of the old wine. Trump in typical fashion has displayed both bluster and restraint. At least verbally Trump has spoken in a muscular vein, insisting that if Iranian responsibility for the attack can be demonstrated, then he will retaliate in some proportionate manner. Even under these circumstances, possibly with his eye on November 2020, Trump seems determined to avoid acts that would start an unwanted war. Although ambiguously, Trump still somewhat surprisingly appears to be keeping the diplomatic door ajar. He has been quoted as saying, probably much to Israel’s chagrin, “I know they [the Iranians] want to make a deal..at some point it will work out.” It will not work out if Trump uses this transactional language when approaching the religious leadership of Iran, even if directed at President Rouhani who leads the moderate forces in Tehran. To talk of ‘a deal’ is to demean the process, and helps explain the deep distrust of any American move toward negotiation that was unreservedly expressed recently by Iran’s supreme guide, Ayatollah Khamenei. U.S. leaders and diplomats should by now have learned that the language of the bazaar does not work if the objective is to find an agreement that serves the interests of both sides.

 

 

Falcone: With Iran, Trump seems to be caught in a pickle. On the one hand, he needs to undo the Obama legacy in the region with the Joint Comprehensive Plan of Action (JCPOA). On the other hand, he runs the risk of looking like a neoconservative. What’s going on in your estimation?

 

Falk: I think you are correct in sensing the conflicting pressures on Trump. He cannot go back on his repudiation of the JCPOA agreed upon in 2015 and its Obama approach without seeming to be giving in to Iran’s pressure. At the same time, he evidently does not want to follow the Bolton/neocon/Pompeo path that leads to open military action, and most likely followed by a devastating war. In this sense, Trump’s ideal outcome would be some sort of diplomatic accommodation that he could ‘sell’ as a demonstration that ‘maximum pressure’ has yielded results. Whether he could spin such an outcome as a victory outside of his base seems doubtful as there would be many critics who would insist that any such result, even if it disguised the revival of JCPOA with another round of negotiations and a new name, would be viewed as at best a repetition of what had been achieved by the P5 + 1 Obama diplomacy of 2015. In fact, it now seems that to get any agreement with Iran there would have to be a much more solid commitment by the US and its allies that sanctions could not be again re-imposed on Iran in the future without a collective decision by the parties to the agreement. Such a condtion might possibly also be reinforced requiring a confirming decision on sanctions by the UN Security Council. If I were negotiating on Iran’s behalf, I would certainly insist on ironclad assurances that sanctions could not be renewed by a unilateral decree issued in Washington. Perhaps, Iran could be persuaded to accept some joint arrangements on regional peacekeeping and nonintervention that could be sold in Washington, and maybe even in Jerusalem and Riyadh as curtailing Tehran’s projection of regional power.

 

Falcone: John Bolton was recently fired. Can you talk about his role in the administration to get us to this point. I’m wondering if his dismissal is mere optics and the Bolton-Pompeo foreign policy is firmly in Trump’s hand.


Falk: We should realize by now that Trump’s highly quixotic style is resistant to all attempts at rational analysis. We do not really know whether Trump was reacting to Bolton’s belligerence with respect to foreign policy or to his aggressive, pushy personality that has long offended many prominent persons without achieving promised foreign policy victories. For instance, his advocacy of maximum pressure did not produce the desired regime change in Iran, or even a pullback on its regional involvements as in Gaza, Lebanon, and Yemen. All it did was to raise regional tensions to dangerous heights.

 

It does not appear that there is any sign of an ideological shift in the White House, although there does seem to be a more complex approach preferred by Trump, which fuses bluster and threats with this resolve to avoid outright combat, war, and any course of action that might lead to American casualties. This zigzag pattern of diplomatic maneuvering has so far seemed capable of absorbing Trump’s drastic mood swings and off the chart impulsiveness. The fact that it drives crazy the rational think tank gurus who dominate the Beltway can be regarded as a plus for Trump. Perhaps, the best explanation of Bolton’s dismissal was his fiery independence, which must have been fundamentally at odds with Trump’s insistence on low-profile deference from his top advisors and the shaping and reshaping of foreign policy on the basis of a constant search for transactional gains (even at the cost of diplomatic setbacks), which treats global policymaking as if it is just a replica of how to succeed in the urban real estate market without trying too hard.

 

It is lamentable that Bolton’s successor as National Security Advisor, Robert O’Brien, seems to be a milder version of the same hawkish pedigree, although seemingly more bureaucratic, less ascerbic, in style. A few years ago, O’Brien published a book of essays [While America Slept: Restoring American Leadership to a World in Crisis] that was highly critical of the supposed passivity of Obama’s foreign policy. In recent years, as State Department coordinator of hostage releases O’Brien has proven his value by being a Trump enthusiast, which in the present climate is the best credential a person can have who seeks a promotion to a high-status position in the federal government.

Falcone: How does oil, sanctions, and our relations with the Saudis contribute to the rising tensions in the region and the dangerous possibility of escalations?

 

Falk: There is no doubt that the sanctions imposed on Iran, coupled with the repudiation of the JCPOA, has escalated the conflict, and resulted partly from Washington seeking to please the Saudis and Israelis by adopting a more confrontational approach to Iran. As well, in the background is the dream scenario of toppling the regime, or at least forcing it to plead for mercy. There is no doubt that sanctions have caused great harm as measured by social and economic conditions in Iran, a collective and indiscriminate punishment mainly inflicted on the Iranian civilian population. Such coercion violates the UN Charter and international law. This punitive behavior against Iran resembles what was done to the Iraqi population in the twelve years after the First Gulf War. The frustrations with this reliance on sanctions eventuated in a devastating attack and occupation of Iraq initiated by George W. Bush in 2003. The Iraq War ended in a costly strategic failure given its supposed goals, including a boost to extremism concretely exhibited by the rise of ISIS almost in direct response to the heavy-handed American occupation policies in Iraq.

 

The prolonged strife in Yemen is part of this mindless militarism. It has included strong American backing for a brutal Saudi intervention from the aiir that has caused widespread suffering on the part of a largely helpless society, posing serious threats of massive famine and disease epidemics

Falcone: I’ve noticed whenever Trump wants to avoid delivering a foreign policy message and tone that sounds like Bush or Clinton he trots Pence out there to do the dirty work. Is this, in your view, to promote war with Iran yet try to create an intentional distance from neoliberals and neoconservatives?

 

Falk: As always, it is hard to interpret the logic behind Trump’s moves, or even to believe that a discoverable logic exists. He seems to act without calculating gains and losses unless money is involved, but is focused on trying to achieve immediate results that bring him notoriety if not glory. If there is a policy failure, then Trump does his best to shift the blame to others. Perhaps, because confronting Iran is a risky kind of diplomatic venture, it is best to put Pence out in front as often as possible, and thus seek to distance himself from responsibility if and when policy breakdowns occur. Trump consistently personalizes foreign policy and his leadership role demands above all that media attention is focused on himself. Trump stretches the reality of almost any situation to implausible extremes making it necessary to exonerate himself from distasteful and dysfunctional behavior by inverting and inventing facts, lying when it seems helpful, and disseminating fake news without blushing.

Falcone: Of course Israel will always be pertinent in figuring out the US method to the madness concerning Iran. How can following the US-Israeli alliance help us to get a sense of potential war with Iran. Or has this war already been underway?

 

Falk: The connections with Israel are vital to an understanding of the US role in the Middle East, and especially in the context of Washington’s ‘special relationships’ with Israel and Saudi Arabia. The Israeli relationship is more deeply rooted in American politics than is the Saudi connection, which seems interest-based, relating not only to oil but also to its status as the world’s primary arms purchaser. With respect to both countries, it is arguable that these special relationships are contrary to American national interests in the Middle East, and also lead to behavior contrary to America’s professed values. With regard to the Saudis, their huge investment in the dissemination worldwide of a fundamentalist Wahabist doctrine of Islam would seem radically at odds with the US counterterrorist strategy, especially since 9/11. If Iran’s indirect involvement in the attacks on the Saudi oil facilities is established, then it would allow us to make a challenging comparison with the Saudi direct and indirect involvement in the 9/11 attacks, which according to the official version of the events implicated 15 Saudis of the 19 hijackers.

 

Most damaging is the FBI evidence of Saudi support for the attacks that killed almost 3,000 Americans that has been withheld all these years until families of victims finally obtained their release. The efforts of the presidency of George W. Bush with inappropriate help from the FBI director at the time who happened to be Robert Mueller, to shield Saudi embassy officials and others close to the royal family from any accountability, or even scrutiny. Only the pressure of survivors and survivor families seems finally to be prying some of this information loose in the course of a law suit charging Saudi complicity in 9/11. Shockingly, yet to be expected, hardly a word appears in the mainstream media, and even now Trump’s Attorney General, William Barr, is invoking the state secrets act to justify on national security grounds withholding evidence that evidently would further incriminate Saudi Arabia. These developments coming to light 17 years after 9/11 should give pause to those who still question the primacy of geopolitics and the unacceptable behavor of the deep state when it comes to the conduct of American foreign policy or even the protection of national interests and the wellbeing of American citizens. It also raises haunting questions about the effects of these two special relationships, and reminds us of the ugly connivance and coverup of the Israeli assault on the USS Liberty back in 1967 that killed 44 American naval personnel. For those who seek the full exposure of this incident, I urge a reading of Joan Mellen’s Blood in the Water, written with the cooperation of leading officers of the Liberty who survived the attack. In effect, bad as Trump is on these issues, he cannot be blamed for everything. These pernicious special relationships long preceded his presidency, and were bipartisan.

 

As for Israel, the relationship has definitely turned Arab public opinion and popular sentiments strongly against the US, and made the US continued dominance in the region depend on propping up anti-democratic autocratic leaders. The whole policy of confronting Iran has for many years been driven by the Netanyahu leadership, gravely weakening America’s role as a responsible global leader, and risking a war that would be a humanitarian and geopolitical disaster.

 

How far Israel, as a state, and Netanyahu, personally, are to blame for the escalated confrontation with Iran is difficult to assess, but it would seem to be substantial. What stands out for me is how supposed American ‘patriots’ can continue to swallow the toxic kool aid of these two special relationships. It may be time to reconsider what constitutes patriotism and what constitutes treason. In a world where Edward Snowden, Chelsea Manning,  and Julian Assange are viewed as criminals but John Bolton, Mike Pompeo, and Donald Trump are viewed as national patriots there is something terribly wrong with our political language.

 

 

 

 

 

 

Tasnim News Agency Interview Questions, M.J. Hassani, 17 Sept 2019

Hassani: On Tuesday, Leader of the Islamic Revolution Ayatollah Seyed Ali Khamenei deplored the US’ calls for talks with Iran as a trick and said that Tehran will not negotiate bilaterally or multilaterally with Washington at any level. What do you think about Ayatollah Khamenei’s remarks?

Falk: With all due respect, I think that Ayatollah Khamenei’s remarks are phrased in too unconditional language. I believe that it is not desirable to shut the door to what I call ‘restorative diplomacy,’ and thereby avoid any further devastation caused by the current reliance on ‘coercive diplomacy’ by the adversaries of Iran and by Iran’s ‘active resistance.’ Trump is unpredictable and impulsive, and should not be challenged so directly as he might act irrationally in ways that could be mutually catastrophic. At the same time, the Iranian religious leader is correct to express the view that Iran will not engage in normalization talks so long as the United States and Israel seek to impose unacceptable restraints on Iran as a sovereign nation, while they engage in unrestrained and unaccountable military action throughout the entire Middle East.

 

Hassani: The reason behind this approach is that Iran sees the US calls for negotiation as a trick aimed at imposing its demands on the Islamic Republic and pretending that the “maximum pressure” policy has worked. This is while Iran has not given in to the US pressures so far. Is the reason justified? How do you assess Iran’s policy of “active resistance” against the US?

I agree with the view that Iran should not be lured into a negotiation that gives the US a public relations victory by claiming the success of its ‘maximum pressure’ approach, but this should be done by Tehran in ways that also expresses Iran’s search for an improved regional and global political atmosphere that is geared toward peace and co-existence rather than war and hostility. I believe Iran has effectively made its point that it will not back down in the face of harsh sanctions and other hostile acts that are contrary to international law. Now it can seize the initiative by proposing a constructive approach that shows that it seeks normalization on the basis of sovereign equality, and is not seeking confrontation for the sake of confrontation.

 

Hassani: Iran has described the US return to the 2015 nuclear deal, known as the Joint Comprehensive Plan of Action (JCPOA), and the removal of sanctions against the Islamic Republic as the only way that Washington can hold talks with Iran. How do you see the prospect of open diplomacy between Iran and the US as well as the other parties to the JCPOA?

Falk: Trump has wrongly, and for regressive political reasons, condemned the JCPOA, but would have incredible political difficulty and embarrassment if he now were to affirm it. The motivation for condemning JCPOA had to do with his efforts to repudiate Obama’s diplomacy and to show total solidarity with Israel, and is not really about the 2015 agreement, except incidentally. I think Iran should propose to reconvene the countries that negotiated in 2015, and produce a new agreement based on intervening developments, but making it clear that this would not be an acceptance of any preconditions put forward by Washington, and would not relate to non-nuclear issues.

 

Hassani: Can we regard the Islamic Republic’s strategy of “active resistance” against the US pressures as successful given Ayatollah Khamenei’s assertions?

Falk: I think ‘active resistance,’ depending somewhat on how it is defined has been successful so far, but in some ways a dangerous and high risk policy if adhered to much longer. Iran, having made its point effectively, should move to higher ground by proposing constructive deescalating steps such as reconvening the P5 +1 group to come up with a new framework agreement covering Iran’s nuclear program and the ending of US sanctions. The way forward should not be a continuation of the present, but an effort to occupy this high ground of law, morality, and peaceful conflict resolution. It may also be appropriate at this time to propose an emergency meeting of the UN Security Council, which likely would be rejected by Trump, but would put Iran in a favorable light internationally as creatively engaging in restorative diplomacy. Taking a longer view, Iran should consider reviving discussion of a nuclear free zone for the entire Middle East, including Israel, a country that acquired nuclear weapons by stealth and covert assistance from those states now most objecting to Iran’s nuclear program.

 

 

 

 

 

Dark Clouds and the Human Condition: Youth to the Rescue!

25 Sep

[Prefatory Note: The post below of my remarks at the opening session of the Maker Majlis Conference, College of Islamic Studies, Hamed Bin Khalif University (HBKU) on 22 Sept 2019. The theme of the three-day conference was on the role of youth in furthering the UN process associated with the 17 Sustainable Development Goals, SDGs (as further clarified by 169 targets), ambitiously set to be achieved by 2030. The massive Global Climate Strike on 20 September seemed to have similar intentions to conference, that is, how to explain and  overcome the absence of political will on the part of the governments of the world, none more lacking in this respect than the U.S. Government, with respect to the ecological agenda of the world, with particular consideration of climate change threats and harms. This civil society challenge from below, transnationally and inspired and organized by youth, offers us all glimmers of hope. As seemed appropriate, I stressed the amazing role of GretaThunberg. The day after I spoke, Greta Thunberg summarized her assault on the criminal passivity of status quo forces of the adult world with a confrontational challenge delivered to assembled dignitaries at the United Nations Headquarters in New York: “You have stolen my dreams and my childhood with your empty words. We are at the beginning of a mass extinction and you can do is talk about money and fairy tales of eternal growth. How dare you.”]

 

Dark Clouds and the Human Condition: Youth to the Rescue!

 

 Excellencies, Dear Friends, Ladies and Gentlemen:

 I feel privileged to participate in this desperately timely event, and at the same time somewhat intimidated by the challenge it presents. My quandary arises because so much has been said about these topics, and yet so little has been done. Words of concern without commensurate action are producing despair and cynicism, and a healthy dose of anger. This Maker Majlis event seems imaginatively conceived and designed to counter such negative feelings, especially among youth. In summary, these is a spreading mood of acute anxiety among youth everywhere that the world is at once burning up and melting away, and that their future is being destroyed while the adult world looks on passively or even looks away. The level of official response is treated by many young activists as a degrading dismissal of their most urgent concerns. It is as if the challenges seen by them as catastrophic threats are being mostly ignored by the older generations, often treated as unwarranted expressions of hysteria and alarmism. It seems that many members of the political class fear that being responsible about carbon emissions would cut into corporate profits and reduce military budgets. Such leaders dismiss urgent calls for global policy reform as politically unacceptable and ecologically unnecessary. They seem to be saying to themselves and to us ‘When and if the time of true urgency arrives, technology will solve whatever problems arise. In the meantime, there is no need to worry about the world your grandchildren will inherit.’

 

I commend the convenors for their brilliant sense of timing, focusing on the role of youth in relation to the attainment of the 17 UN SDGs just a couple of days after the greatest youth global show of transnational activism in all of human history—the Global Climate Strike on Friday: over 4 million participants, 143 countries, and demonstrations in hundreds of cities. It was a memorable occasion of peaceful and dedicated protest by the young and old alike. Almost unbelievably, it had been almost single handedly stimulated by the remarkable charismatic commitment of a 16 year old girl from Sweden, Greta Thunberg. Only a year ago Greta started to stay away from school on Fridays, and instead stood before the Swedish Parliament in Stockholm, vowing to continue this vigil until the legislators heeded her demand and took bold action to reduce the carbon imprint of Sweden. These developments remind us that the future belongs to the young, but to their regret and our despair, the present still belongs to the supposed grownups. It is we who are being challenged as never before to become responsible in our lives and work. We must be persuaded to give up the pursuit of short-term advantages in markets and government, a deadly form of short-termism that involve a refusal to accept some responsibility for the sake of the future. In this regard, I do not share the spirit of resignation expressed by the UN Secretary General, António Guterres, when he responded to Greta Thunberg’s appeal for decisive action by acknowledging that his generation was “not winning the battle against climate change” and hence, “it is up to youth to rescue the planet.” I oppose such an attitude. In my view, it is up to all of us. It is late, but not too late. Despite its dramatic show of concern by way of the Global Climate Strike the youth of the world can not hope to achieve transformative change on it own. They need us almost as much as we need them. What the young people around the world are doing so impressively will hopefully have many beneficial repercussions. I fervently hope that their impact will be catalytic,  awakening the rest of us so that in the future we might walk together in defiant unison until our leaders join this march of renewal to a healthy and sustainable future, and act accordingly so that we can believe their words because we witness their acts.

 

The fact that this week in New York City there will be the first ever Climate Action Summit under UN auspices is one overdue sign of an awakening. In fairness to Mr. Gutteres, I take note of his more helpful response a few days ago, calling on all of us, from the striking young to the world leaders gathering in the city to take part in the Climate Action Summit to recognize that we are being tested by an ecological emergency. We do not know where this encouraging burst of belated activism and concern will lead. It is reasonable to fear that drowsiness, sleep, scapegoating, and escapism will soon again be descriptive of what the media report and what the public mood manifests. There exists this great danger that complacency will renew its grip on our moral and political imagination. We must all do our best to resist such a manipulations and temptations. We should remind ourselves that a consensus among climate change scientists sends us this truly alarming message: the peoples of the earth have at most a twelve year window after which there is no assured road back to ecological sustainability. I am stressing climate change because it is the mega-challenge whose worsening undermines attempts to make progress with respect to every one of the seventeen SDRs.

 

There is no doubt that the constructive preoccupations of this moment will be very, very difficult for a civil society protest surge to maintain. It can only hope to do so only by building a transnational movement that lasts and grows. A cautionary lesson is the sorry spectacle of attempts to achieve sensible gun control in the United States. Only a couple of years ago there existed hope that the struggle led by young people to overcome the insanity of making assault weapons of war available in the U.S. virtually to anyone with the nerve to seek their possession. Tragic killings in American schools, mosques, places of worship, elsewhere have periodically in recent years aroused a strong immediate mass reaction of shock and anger that is reinforced by a generally supportive media, but this sense of societal outrage evaporates almost before the sun rises the next morning. And while reformist energies disappear, the pernicious gun lobbies display their adeptness at playing ‘the long game.’ These special interests that profit from gun manufacture and sales have the money and organization, and most importantly (and disgracefully) they have most politicians at their disposal. In light of this, it is hardly surprising that nothing tangible happens with regard to regulation. Once again, mourning the victims and condemning the killers acts as a substitute for taking appropriate action to prevent repetition of these horrifying incidents. Assault weapons and military scale ammunition clips not only remain available over the counter or at gun shows, but are being sold in record numbers, while the social concern fades away, only to reemerge for another brief interval in response to the next mass shooting incident.

 

We Americans should be ashamed for allowing this to happen with respect to gun control, and we must be resolute in our commitment not let this happen in our pursuit of a better, more sustainable, future for all of humanity. There will be no second chances, ‘no Planet B.’ The cost of such shortsighted failure is far too high, whether the issue is one of soul with respect to gun control or one of survival in relation to global warming. Our civilization is at risk of collapse, and the species faces extinction dangers for the first time in human history.

 

The focus of Maker Majlis on the SDGs is a logical beginning. It is a road to somewhere. The 17 goals are concrete and well-chosen. Their attainment would bring relief to many and a needed sense of accomplishment to the world at large. Merely by their formulation and adoption, these SDGs exhibit an impressive level of consensus that enjoys at least the nominal support of the governments of the world. Yet we all know that such a consensus is not nearly enough to get the job done. A rhetoric of agreement will not do much to alter behavior unless accompanied by the energy, passions, and anger of Greta Thunberg, and the millions of young (and older) people throughout the world who are inspired enough by her activist struggle of all. out effort to reduce the carbon footprint of modern industrial society and its consumerist life style. The SDR agenda is broader and deeper than mobilizing a response to global warming, yet as of now it lacks the animating passion and motivating fear that is needed if the scale and scope of change is to correspond to the magnitude of the challenges confronting our world. Thunberg made this point tellingly when she recently addressed an organ of the EU, insisting that an 80% reduction of carbon emissions was a necessity to keep us safe and healthy in the future even though the Paris Agreement, rightly celebrated at the time as a diplomatic breakthrough, aimed only at 40% reductions. In a similar spirit of talking truthfully to those who should know and do better, she reminded a Congressional hearing in Washington that the U.S. Government should be humiliated to know that it is the only country in the entire world to withdraw from the Paris Agreement, thereby renouncing its pledges to reduce carbon emissions.

 

In putting forward such assessments, Greta Thunberg made a couple of crucial points that bears on the whole issue of global reform as put forward by the SDGs. She reminds us that reformist efforts are worth supporting as steps in the right direction, yet are from enough to overcome the underlying challenges. To address climate change challenges prudently more than reform are definitely needed. It is thus crucial to understand that the SDG agenda offer neither complete solutions nor should these goals be dismissed as nothing more than pious wishes. The pursuit of the SDGs should be strongly encouraged, supported, and strengthened in every available venue where opinions are formed and policies generated. Such a responsible resolve will help stimulate the political energy from popular forces that is needed if our objective is to achieve ambitious positive results, thus raising confidence that it will be possible to do even more.

 

At the same time, the SDGs should be understood as a reformist project that falls short of the kind of transformative steps that must be taken if the prevailing ethos of capitalism and nationalism are to become vehicles, rather than obstacles, to the sort of safe and benign future we should be seeking for all of humanity.

 

Although climate change and global warming are the tip of the apocalyptic iceberg there are a host of other global issues that pose high risks of planetary disaster. These deserve our attention and also depend on the activism of popular movements if their claims and grievances are to find a place on the global policy agenda. Governments including those in world leadership roles have had the opportunity over the last seventy years to find solutions on their own to many of these dangerous problems. They have failed to do so, and mostly have not even tried. These fundamental world order unmet concerns include war, nuclearism, global migration, famine, extreme poverty, ultra-nationalism, and others. Never has humanity as a whole, as distinct from particular societies, nations, even civilizations been subject to converging crises of this magnitude. These crises are recently beginning to confront us with dire scenarios of the extinction of the human species, along with an acceleration of the ongoing mass extinction of a great variety of non-human species, imperiling biodiversity so vital for ecological stability. This extinction threat reflects the multiple impacts of global warming on the natural habitats of animals and plants, causing disharmonies also between the way we live and our natural surroundings.

 

We live at a time when respected scholars produce gloomy books exhibiting their personal anxieties about the future, offering readers book with such scary titles as The Uninhabitable Earth [David Wallace-Wells], Falter: How the Human Game is About to Play Out [Bill McKibben], or The Big Heat: Earth on the Brink [Jeffrey St. Clair & Joshua Frank]. Youth may be the canaries of our time, warning us of imminent disaster, but we are all, not just the young, subject to the risks of succumbing to this dark destiny. Among Greta Thunberg’s many electrifying insights is the observation that unless we feel panic we are not in touch with the reality of our world.

 

In my own language, humanity is faced with a bio-ethical-ecological-spiritual crisis of unprecedented gravity and complexity. This brings me to another motif of our Majlis gathering here in Qatar—the importance of religion and faith. For most of you, the principal expression of these sentiments is conveyed by the spiritual traditions, beliefs, and practices of Islam. In this regard, the emphasis on Islam has been rightly foregrounded in our program. For those of us who live mainly in other civilizational and religious spaces, the underlying message is the same although we must each adapt it creatively in relation to our own faith and spiritual traditions, as well as to our distinctive national and civilizational circumstances. Depending on sensibility and belief this may happen within the frame of an organized religion or quite independently. The concept paper for Maker-Majlis correctly criticizes the SDG approach in these words: “It is precisely this part [that is, the religious part] which is missing from the SDGs.” There is conveyed in many UN documents this false sense that the SDGs and global awakening can occur without the motivating energies supplied by religion and faith. This is one of the most dangerous delusions of secular modernity.

 

In some sense, even Greta Thunberg at first glance seems to be a victim of this mentality, calling herself but ‘a messenger’ for science and scientists. Her words: “I don’t want you to listen to me, I want you to listen to the scientists. I want you to unite behind science and I want you to take real action.” She elaborated on another occasion, “..if the politicians listen to the scientists I could return to my classes..” Of course, taking ‘real action’ is an engagement in political change prompted by values affirming the right to life and a hope that not only is the planet worth saving but it can be saved. While late, it is not yet too late, although a tipping point of no return may be closer than we would like or realize, or can reliably know. I regard these sentiments of deference to science as deriving from her deeply held inner beliefs in the sacredness of life, as expressive of what is more accurately interpreted as a religious sensibility. The action that results from Thunberg’s intense inner convictions, especially if they go against the grain of social convention, is inherently faith-based. Whether this is acknowledged as ‘religion’ is of no special importance. I regard Greta Thunberg as having the character and commitment of a religiously grounded public personality, what we might romanticize by calling her, maybe prematurely, the Joan of Arc of the Ecological Age. The apparent fact that she does not grasp her engagement as ‘religious’ merely means that her understanding of religion and faith are overly identified with institutionalized religion.

 

Thunberg along with many others of all ages and faiths fully comprehend that transformative change is needed and will not occur without a mighty push from below, that is, by people, that will no longer give their consent to business as usual. This means that to wait patiently for the leaders of society, whether they are situated in the public or private sector, to do what is right and what is urgently needed is to wait too long, and is becoming a fool’s errand. Being patient and passive has been relied upon for decades and found fatally wanting. Despite the evidence and warnings, relying on a top down approach for solutions to these deep world order problems seems more than ever before a bridge to futility, and eventually to disaster.

 

Greta Thunberg’s words are again luminous in conveying her understanding of what needs to be done: “..we can’t change the world by playing by the rules, because the rules have to be changed.” A more sophisticated rendering of this perspective has been formulated by Jeremy Lent, a specialist in problem-solving theory, in an article whose title conveys its message-“As society unravels, the future is up for grabs” [openDemocracy, 17 Sept 2019] Lent’s opening sentence makes his insistence on radical, as opposed to incremental approaches to problem-solving very evident: “Now is the time for radically new ideas to transform society before it is too late.” He elaborates this central thought as follows: “One thing is clear: the visionary ideas that will determine the shape of our future will not be based on incremental thinking within the confines of our current system.” To make the changes that are needed for sustainability as well as for the sake of achieving an ecologically satisfying and spiritually enhanced quality of life for the peoples of the world, we must look above all to the aroused human passions being shaped by ethical values and the inner truths of religion and spirituality. We cannot afford to wait around any longer with the vain expectation that the elites of the world will suddenly do the right thing and put the global house in order. As Lent puts it, maybe too dogmatically, “The simple lesson is that our global leaders have no intention to make even the feeblest steps toward changing the underlying drivers of society.” By ‘drivers of society’ Lent means obsessive profit-seeking as tied to compulsive consumerism. If this is the case, as it seems to be, it may be the most disturbing sign that our species has lost its way. The hubris of Donald Trump, the leader of my country, is one example among many of this failure of leadership at the top. Trump perversely seizes every opportunity to demean internationalism and environmentalism. He has actually gone so far as to dismiss global warming concerns as a species of ‘fake news’ or even ‘a hoax.’

 

I promise all of you that this will be the last time I quote or even refer to Greta Thunberg, but she made an irresistibly relevant interpretation of the civil rights successes of Martin Luther King and the extraordinary American achievement of landing Neil Armstrong safely on the moon back in 1960. She recalled that setting such seemingly out-of-reach goals remain inspiring for people everywhere. Invoking the insight of John F. Kennedy she said, these goals were inspirational “..not because they were easy but because they are hard.” Such a reflection fits with Lent’s rejection of incrementalism that I referred to earlier. Transformation is always hard.

 

My own effort along these lines is to suggest that we as members of societies and of the human species can no longer meet the challenges of the day by conceiving of politics in the standard way as ‘the art of the possible.’ Instead, to have any hope for a brighter future we have to affirm what I call ‘a politics of impossibility.’ To avoid discouragement we need also to be aware that the impossible has happened frequently in the recent past, and is not just another a dream-laden pathway to frustration and defeat. In my lifetime, the collapse of European colonialism underscored by Gandhi’s incredible nonviolent challenge to the British Empire in India, the peaceful dismantling of the South African apartheid regime, the fall of the Soviet internal empire, and even the Arab uprisings of a decade ago were examples of the impossible becoming historical occurrences before our eyes. When the impossible happens, experts who were initially caught by surprise, regain their composure and even dare write scholarly explanations after the fact on why what happened was inevitable.

 

At the same time, as earlier suggested, it is a disastrous mistake to sit around waiting for the impossible to save us from a tragic future. We need to struggle with all our strength for what we believe is right and necessary to give the impossible a fair chance of happening. Beyond this, such struggles are self-vindicating, and do not depend for their value on reaching results. As Gandhi tried to teach the world, the means used to gain desired ends should be their own fulfillment, and remain indistinguishable from the desired end being sought. That is where youth as a catalyst and religion as a source of commitment come to the fore in this historically charged moment.

 

How, then finally, does this outlook shape our attitude toward the program and vision of the SDGs. For me, the SDG effort frames a globally positive and comprehensive agenda. It also should be understood as a transnational process for taking action that seeks the implementation of positive policies. It is encouraging that this process seems more receptive to civil society participation and citizen engagement than has been characteristic of so many past UN undertakings.

 

Even so, the SDR approach needs to be viewed in relation to its shortcomings as well as its promise. We must ask ourselves and each other whether it is possible to achieve these suitably ambitious goals without changing the nature of neoliberal globalization to accord with human rights and a sustainable future. Further, are the SDGs reachable and realistic unless coupled with a challenge of the waste of valuable resources that results from excessive investment in weapons of death nurtured by outmoded militarist views of security, further inflated by the lucrative arms sales market, and artificially inflamed relations among and within states. The current form of economic globalization and militarism are embedded in the top down approach. Only by way of a bottom up approach powered by the mass mobilization of people and the reliance on faith driven action can we have any credible belief in prospects for arresting the current drift toward a catastrophic future.

 

And finally, advocating such a posture of resistance involves a correspondingly radical understanding of citizenship and political participation. From my perspective, ‘world citizens,’ although escaping from the traps of regressive nationalism imply that it is possible to act effectively by assuming that humanity is presently an existing unity, and as if the UN has generated and provided an institutional foundation for an existential global community. I have advocated an alternative way of thinking of citizenship by adopting a terminology centered on the idea of ‘citizen pilgrim,’ that is, of a person with a trusting faith in the unseen yet desired end of human endeavors. Such a person engages in struggle and conceives of his or her life as a spiritual journey or pilgrimage toward a better future. St. Paul points in this direction in his ‘Letter to the Hebrews,’ with a reference to seeking a ‘heavenly’ future as the goal of life. It is only such citizen pilgrims that will have the heart and soul for the struggle needed to create the kind of ‘community of belief’ that can support a UN, which is more than an aggregate of national interests. The UN will serve humanity as a whole only when it is able to establish a venue that is genuinely dedicated to the pursuit of human and global interests. It is this blend of politics and religion that can give us hope that the dark clouds hanging menacingly over us at present can be lifted. When this happens the pursuit of SDGs would become embedded as high priorities for political leaders and will inform and raise the expectations of people throughout the world. Only at that point can a mobilized youth in good conscience consider returning to the classroom with feeling that their future is being protected!

 

I would end by mentioning one way in which Islam offers the world some valuable guidance in doing this indispensable work of citizen pilgrims. The Islamic idea of umma prefigures a post-Westphalian, non-European notion of non-territorial community that joins peoples of various ethnicities in a single community of faith. Such a non-territorial sense of global community, despite the universalizing language of the UN Charter, does not currently inform the important undertakings of the UN, which continue to be dominated by the fragmented interest of individual Member states. Until it does overcome the hegemony of national interests, I fear that the UN will talk grandly, but at its best only act incrementally, that is, without a unity of vision and purpose so urgently needed to make the future safe and sustainable. Islam has done more to explore the benefits of non-territorial community of belief than any of the active political actors currently dominating the world stage, or for that matter, the other great world religions. Without a global community the UN will not be able to serve humanity in an historically resonant manner. It will continue to be unable to transcend the confrontations of nationalist and geopolitical agendas and buffer itself against the clash of rival ideologies. A sense of global community is the keystone for a new world order that serves humanity by its dedication to the realization of human and global interests. Such a UN does not now exist. If the young and old act together this kind of UN can be nurtured. In the meantime, we should resist the temptation to pretend that this UN of the peoples already exists, but we should never forget that we have it within our potential collective power to make it happen, and by doing, to make the sort of difference that youth are rightfully demanding.

Chained to its Past: A German Formula for Injustice toward the People of Palestine

20 Sep

[Re-posting Second Prefatory Note: To allow for prior German online publication I temporarily removed this post after two hours. The text below is identical to what was previously posted. We are eager to encourage debate, discussion, and democracy, and so encourage dissemination through social media, and whatever means you find effective. Hearing a few days ago of the Dortmund City Council’s rescinding of the Nelly Sachs Prize for Literature to the British-Pakistani writer Kamila Shamies because it discovered that was a supporter of BDS is a further confirmation of the decline of democracy in Germany, at least in relation to this subject-matter of Israel/Palestine.]

 

[Prefatory Note: The following article written jointly with my longtime cherished friend, Hans von Sponeck, who by family experience and moral disposition is acutely aware of the German policy dilemmas associated with its past. These issues have recently surfaced in the context of suppressing pro-Palestinian nonviolent activism, which we believe are being handled in ways that tend to reproduce rather than transcend the evils of the Nazi Era by taking a variety of steps to shield the criminality of the Israeli Government from pressures exerted by the Palestinian global solidarity movement, and the BDS Campaign in particular. We attempted to publish this opinion piece first in a series of leading German newspapers, but were turned down. Apparently, the media guardians of public opinion in Germany regard silence as preferable to discussion and debate on this crucial issue.

 

As a biographical aside, Hans served for 32 years in the United Nations. In his last posting with  a rank of UN Assistant Secretary General, he headed the Oil for Food Program in Iraq by virtue of his role as Humanitarian Coordinator for Iraq (1998-2000) that followed the First Gulf War (1991) He resigned on principle because of the UN Security Council’s imposition of punitive sanctions responsible for producing massive casualties in the Iraqi civilian population.]

 

Chained to its Past: A German Recipe for Injustice toward the People of Palestine

 

Richard Falk & Hans von Sponeck

 

The GermanBundestag resolution on May 15ththat condemned the BDS Campaign as contributing to a rising threat of anti-Semitism in Europe is a grave cause of concern. It brands the BDS, a nonviolent Palestinian initiative, anti-Semitic and urges  the German government to refuse support, not only to BDS itself, but to any organization that is supportive of BDS. It takes this stand, pointing out Germany’s special responsibility toward Jews, without any reference at all to  Israel’s prolonged abuse of the most fundamental of human rights, that of self-determination, of the Palestinian people. The German resolution also fails to refer to the important role that an earlier BDS Campaign against South African racism played in bringing about a nonviolent end to the apartheid regime, and that even those who opposed BDS

on strategic or pragmatic ground never sought to demonize its advocates.

 

What particularly disturbs us is the punitive approach to BDS taken by the German legislative branch. It should be remembered that despite lots of opposition to the South African campaign those who were BDS activists were never told that it was legally and morally unacceptable to take part. Objections based on feasibility and effects, as well as specious claims that Africans in South Africa were better off under apartheid than were their brothers and sisters throughout the continent.

 

In essence, we believe this resolution is the wrong way to learn from the German past. Instead of opting for justice, for law, and for human rights, the Bundestag never even mentions the Palestinian people, and the ordeal that they are experiencing, and BDS is challenging. To give a green light to Israeli oppressive and expansionist policies is to endorse implicitly policies of collective punishment and abuse of the weak that were, it should be recalled, the most reprehensible features of the Nazi era.

 

We write as two individuals with very different pasts, yet sharing a commitment to

a strong United Nations and the duty of countries large and small to respect international law and promote global justice

 

We also share a continuing awareness of the Holocaust as a terrible tragedy befalling the Jewish people and others, as well as a horrendous crime by Germany and other countries in the past. We share an overriding commitment to a global order in which such tragedy and criminality do not occur with respect to the Jewish people and to all others everywhere. We are also mindful that such tragedies and crimes have been perpetrated since 1945 against various ethnicities and targeted peoples, including in Cambodia, Rwanda, Serbia and more recently, the Rohingya people in Myanmar.

 

Our backgrounds are (also)quite different. One of us is German and Christian (von Sponeck) , the other (Falk) is American and Jewish. Von Sponeck is the son of a general executed by the Nazis in the latter stages of World War II and had gone to Israel in 1957 to work in a moshav and several kibbutzim. He served for 32 years as an international civil servant within the United Nations, rising to the rank of Assistant Secretary General. His UN career ended when he resigned as the UN Coordinator of the Oil-for-Food Programme (1998-2000) in protest over the Iraq sanctions policy of the UN Security Council leading to the death of many innocent Iraqi civilians. Since his resignation von Sponeck has been teaching and lecturing in various venues and publishing on UN topics including The Politics of Sanctions on Iraq and the UN Humanitarian Exception(2017).

 

Falk is American and was a member of the faculty of Princeton University for 40 years, holding the position of Albert G. Milbank Professor of International Law. His family background includes paternal German ancestry with both grandparents born in Bavaria. not far from Munich, emigrating to the United States in the middle of the 19thCentury. Between 2008 and 2014, Falk served as Special Rapporteur for Occupied Palestine on behalf of the UN Human Rights Council. He has published widely on international topics, including recently Power Shift:On the New Global Order (2016) and Palestine: The Legitimacy of Hope(2017).

 

We have analyzed the failure of international diplomacy to find a solution for the conflict between Israel and Palestine. We believe that Israel bears the main responsibility for this failure, which has resulted in decades of acute suffering for the Palestinian people. We believe that the root of this failure is the Zionist project to impose a Jewish state on an essentially non-Jewish society. This has inevitably occasioned Palestinian resistance, and an increasingly racist based set of structures designed to keep the Palestinian people as a whole subjugated within their own country. We believe further that peace can only come for bothpeoples when these apartheid structures are dismantled as they were in South Africa over 25 years ago.

 

Against this background we find the reluctance of the German government and the German people to respond to this circumstance of injustice to be unacceptable and its tacit acquiescence in Germany particularly worrisome and extremely regrettable. Both of us and our families are in different senses victims of Nazism. This, however, does not prevent us from insisting that German hesitation to be critical of Israeli ethnocentrism exhibits a dangerous misunderstanding of the relevance of the Nazi past. The Holocaust should above all serve to warn the world against injustice, state crime, and the victimization of a people based on their racial and religious identity. It should not exempt Israel from legal and moral accountability just because its leadership is Jewish and many of its Jewish citizens are related to victims of the Holocaust.

 

Israel claims an identity through the 2018 adoption by the Knesset of a Basic Law as the Nation-State of the Jewish people as if this confers a mandate of impunity. The lesson of the Holocaust has to do with abuse, criminality, and victimization, and should not be perverted by any subversive implication that because Jews endured horrific crimes in the past they are exempt from accountability when they commit present crimes. We recall Albert Einstein’s letter to Chaim Weizmann in 1929 in which he wrote “If we do not succeed in finding the path of honest co-operation  and coming to terms with the Arabs, we will not have learnt anything from our two thousand year old ordeal and will deserve the fate which will beset us!” The Israeli Government must realize that much of the menacing rise in anti-Jewish and anti-Israeli sentiments in Europe and elsewhere has its origin in the very policies it pursues.

 

We expect that our plea will be strongly attacked as anti-Zionist and even anti-Semitic. Part of the function of such attacks is to freeze German responses by reminders of the Holocaust, and the false suggestion that criticizing Israel and Zionism is a renewal of an attack on Jews and Judaism. We insist that this is absolutely not the case. It is quite the opposite. It affirms that the core values of the Jewish religion and humanistic values generally are connected with justice, and that this use of anti-Semitic smears is a totally unacceptable tactic to shield Israel from justifiable criticism. This kind of intimidation should be opposed and overcome.

 

From this perspective it is our belief and hope that Germany and the German people have the strength to rid themselves of the moral numbness induced by the bad memories from the past, and can join in the struggle against injustice. Such a dynamic of moral empowerment would be clear if Germany were to show empathy for the Palestinian ordeal, and lend their support to nonviolent initiatives designed to express solidarity with and encouragement for the Palestinian national movement to uphold basic rights, including above all, the inalienable right of self-determination.

 

We are most encouraged that our actions are not occurring in a vacuum here in Germany. We take note of the dedicated efforts by the Humboldt Three to protest Israeli apartheid, and the popular support the action of these young people, two Israelis and one Palestinian, have received. Their inspirational message is similar to ours. It is time for the German government and its citizens to break their silence, recognize that the Nazi past is best overcome by active opposition to the unjust oppression of the Palestinian people. We also feel kinship with the Open Letter widely endorsed by intellectuals around the world, including many in Israel, calling on ‘Individuals and Institutions in Germany’ to end all efforts to conflate criticisms of Israel with Anti-Semitism.

 

We believe that peace between Jews and Arabs in Palestine depends on taking steps to restore equality of relations between these too long embattled peoples. This can only happen if the current apartheid structures are dismantled as a prelude to peace. The South African precedent shows us that this can happen, but only when international pressures combine with national resistance. It seemed impossible in South Africa until the very moment that it happened. It seems impossible at this time with respect to Israel, but the impossible happens when it is aligned with the demands of justice, and mobilizes the support of people of good will from around the world. The flow of history has favored the weaker side militarily in the great anti-colonial movements of the last half of the 20th century, and so we should not lose hope in a just outcome for Israeli and Palestinians despite the fact that the present balance of forces now favors Israeli dominance.

 

It is also important to keep in mind that as long as the Palestinian people are denied their basic rights, there can be no peace. Any agreement reached while apartheid remains will be nothing more than a ceasefire. A sustainable peace depends on recognizing and implementing the equality of the two peoples on the basis of mutual self-determination. Germany and Germans have a great opportunity to promote such a vision, and by doing so, liberating the country  from its past. In a profound sense, whether German, American, or other we each owe the Jewish and Palestinian peoples nothing less.

 

 

 

Burning Amazonia, Denying Climate Change, Devastating Syria, Starving Yemen, Ignoring Kashmir

5 Sep

Burning Amazonia, Denying Climate Change, Devastating Syria, Starving Yemen, Ignoring Kashmir

 

The World Order Backdrop

 

Arguably, even before the atom bomb was dropped on Hiroshima, there was a widespread sense that a state-centric form of world order was morally and functionally deficient in certain fundamental respects. Political actors were indifferent to the outbreaks of war, disease, and famine outside of their sovereign territory absent serious extraterritorial reverberations. At the same time lesser states were vulnerable to the manipulations and territorial/imperial ambitions of leading states that generated colonialism, interventions, and sustained an exploitative Europeanization of world order. World War I with massive casualties, closely followed by the Russian Revolution, which posed a normative challenge to the capitalist/market driven organization of national societies, led to some groping toward a new global order taking the institutional form of the League of Nations. It became soon obvious that the League, a project of idealists, was not endowed with the capabilities, independence, and authority needed for success, and its failure to bring peace to the world did not surprise the political leaders of major countries and even less, their realist advisors.

 

Then came World War II with estimated casualties of 60 million and the future gravely menaced by the advent of the nuclear age, and the recognition became more widespread, including among political classes, that global reform was indispensable if catastrophe was to be avoided. The United Nations emerged in this atmosphere of urgency, conceived to correct the shortcomings of the League while recognizing and incorporating the geopolitical realities of inequalities among states when it comes to political and economic power and diplomatic influence. The predominant Western understanding in 1945 was that to make the UN operationally relevant it would be necessary to connect geopolitics to statism in a mutually acceptable manner. This rather incoherent dualistic goal was operationalized by giving the right of veto to the five permanent members of the Security Council and in the Charter and General Assembly affirming the juridical equality of all Members, whether small or large sovereign states. There were also parallel worries n 1945 as serious as the impulse to achieve war prevention. It was widely believed in the West that effective global mechanisms were needed to avoid a new worldwide economic depression, which was translated into political reality through the establishment of the World Bank, IMF, and later, the World Trade Organization that also had a dual mission of regulating and promoting global market forces.

 

The UN lacked sufficient financial independence and political autonomy to fulfill the promise of the idealistic vision of the Preamble to the UN Charter. This vision of war prevention was blocked geopolitically by the political behavior of states enjoying a right of veto and juridically by the primacy accorded nationalinterests of all Members. The result, as evidenced by the failure to remove threats of nuclear weapons, climate change, and global migration, demonstrated the UN’s inability to protect either globalor human(that is, species) interests. In such an atmosphere, the drift toward catastrophe continues, hastened by hyper-nationalism, escapism, denialism, and short-termism. This drift is currently accelerated by the hyper-nationalism of leading states, including the United States, that earlier offered some incidental support for global and human interests, expressive of its hybrid approach to global leadership, which featured both selfish and benevolent motivations. This meant combining the pursuit of self-aggrandizing goals with the pursuit of a somewhat enlightened and pragmatic view of its global leadership role, sometimes called ‘liberal internationalism.’ Such an approach favored mutually beneficial forms of international cooperation, human rights, environmentalism, and disaster relief, while simultaneously accommodating geopolitical goals as achieved by intervention and a selective instrumentalization of international law and the UN, which meant using law and the UN when supportive of foreign policy, while ignoring or opposing when obstructive.

 

In effect, the sovereign territoriality of all states prevailed in the organization of international life so long as the strategic, ideological, corporate, and financial interests of geopolitical actors were not serious threatened adversely affected by internal developments. The UN Charter recognized this in Article 2(7) by prohibiting the Organization from intervening in matters ‘essentially within the domestic jurisdiction’ of Member states unless international peace and security were affected. In this spirit, environmental issues have never been seen as providing sufficient grounds for intervention by the UN or geopolitical actors. As a matter of international law intervention by states is prohibited by contemporary international law, although opportunistic exceptions exist, and violations and geopolitical interpretatons of the norm occur.

 

There exists a doctrine of ‘humanitarian intervention’ and a norm mandating ‘a right to protect’ (R2P), but no claim or practice associated with ‘environmental’ or ‘ecological’ transnatonal intervention, and no norm formulated in light of a ‘right to protect humanity.’ And so the fires in Brazil (and Africa) continue to burn, a rhetoric of widespread disapproval reaches the stars, but no coercive action is even proposed beyond some expressions of reluctance to cooperate economically or halfhearted recommendatios to boycott of certain agricultural exports. The Brazilian response has produced exclamations of ‘national sovereignty’ and some cosmetic reassurances that matters are under control, despite the continuing billowing of clouds of smoke so dark as to obscure the sun as far 1,700 miles away in the huge city of Sao Paulo. Finally, nominally bowing to international pressures, Bolsonaro finally dispatched 700 troops to help with firefighting in the Amazon, but such a move seemed nominal and too belated to undo the damage being daily done by the raging fires in the forest areas.

 

 

Amazonia, Syria, Yemen, and Kashmir

 

What these issues have in common is the inability of the global system of authority to save these national populations from experiencing prolonged tragedy as a result of the criminal behavior of the territorial government and, in some instances, its insurgent adversaries. It is a central deficiency of world order as a system of political control as assessed from a humanistic perspective, and is reinforced by the geopolitical maneuvers of leading states. The political will to act effectively is shaped by nationalist motivations and by more material concerns involving territory, markets, resources, and population identities, with the concern for the avoidance of mass suffering pretty much confined to angry or pleading rhetoric. In effect, principles of international law and the authority UN are ineffectual unless backed by political will or activated by a robust political movement. For Syria, Yemen, these tragic happenings impact upon the society of people, while for Kashmir, the Indian repudiation of Kashmiri autonomy threatens a war between two nuclear weapons states, as well as gives rise to severe state/society tensions.

 

The 2127 fires ablaze in the Amazon are different. Burning Amazonia affects the world by endangering the world’s largest rain forest. It is the latest manifestation of ecological insensitivity by leaders of important countries, in this case, Brazil. Such an extreme degree of insensitivity is not only responsible for massive human suffering by way of displacement and disruption, it also weakens the carbon cycle and lessens biodiversity. The increased concerns about these fires are linked to the 278% in deforestation over the prior year, and to a Brazilian political leadership that makes no secret of its hostility to environmentalism, blaming its critics for drawing attention to these occurrences to discredit the Bolsonaro government, a way of discrediting Brazil’s supposedly justifiable emphasis on economic development and investment opportunity.

 

The Environmental Minister of Brazil, Ricardo Selles sought to deflect criticism, attributing the surge in fires to weather, wind, and heat, that is, as arising from natural causes rather than government policies. He pointed out, correctly, that many of the fires were annual efforts by cattle ranchers, farmers, and loggers to clear their land, a routine agricultural practice. Bolsonaro went so far as to suggest that environmental NGOs might have deliberately set the fires to bring disrepute to the government, and he angrily resisted attempts by the French president, Emmanuel Macron, to internationalize the Amazon fires. There may be an element of truth in these defensive assertions, but they fail to address the real ecological done by those fires in the forest areas of the Amazon that have been deliberately set to make way for soy crops, cattle, and more profitable logging.

 

Despite ‘the fog of ecocide,’ this much is clear. The rainforests of the Amazonia, sub-Sahraran Africa, and Borneo/Indonesia are indispensable ecological resources of the planet whose managerial control should not be left entirely to national discretion as exercised by governments, often on the basis of economistic and short-term policy goals, which is currently almost invariably the case. This statist sovereignty approach not only puts at risk the planet’s largest carbon sink and most valued source of biodiversity, as well as disrupting and imperiling the lives of 20 million or more people, mostly indigenous communities, living in Amazonia. Forest experts warn that once a rainforest is degraded beyond a certain point, a tipping point is reached, and the degrading will continue of its own accord until what was once a flourishing rainforest becomes a huge area savannah grasslands. Even before tipping points are reached it takes decades to restore forest ecosystems, including precious biodiversity resources. This dynamic of disastrous mismanagement is accentuated with respect to Amazonia by the Brazilian leadership that ignores pleas from indigenous and riverine communities, as well as environmental groups in Brazil, and the UN and the EU at a time when the planet’s eco-stability depends on planting billions of trees annually, and is further jeopardized by large scale deforestation that cuts deeply into the population of carbon-absorbing trees. Of course, ecological irresponsibility has become for the autocrats who now rule the world their perverse norm of political correctness, led by the climate deniers in Washington that are setting retrograde standards for American environmental policy during the Trump presidency. If the richest country in the world is so irresponsible as to embrace climate change denialism, withdraw from negotiated international arrangements, and make national policy on this basis, what can we reasonably expect from poorer more economically challenged developmentally preoccupied countries? The world order crisis is real, severe, intensifying, and unprecedented in scale and scope.

 

 

Legalistic Exercises in Futility

 

One of the most progressive and persuasive contemporary advocates of a law-based approach to world order and U.S. foreign policy has been that of Marjorie Cohn, a friend and more than that, a comrade. She has responded to the fires in the Amazon in a well-sourced opinion piece whose thesis is conveyed by its title “The UN Could Save the Amazon With One Simple Move,” [Truthdig,  Sept. 1, 2019] She points out that the UN Security Council can declare that the Amazon fires are a threat to international peace and security, and that Brazil should be the target of economic punitive measures to coerce responsible environmental policies, pointing out that the UN did this with good effect as part of the global anti-apartheid movement [See Security Council Resolution 585, 586, 587, 1985] Cohn also calls attention to Articles 25 and 49 of the UN Charter which commits Member states to implement Security Council decisions. Such an analysis is completely valid as far as it goes. A coherent legal framework exists within the UN System that could be used to exert unlimited pressure on Brazil to act in an ecologically responsible manner with respect to Amazonia, but there is one vital element missing—the political will of the main geopolitical actors.

 

It is often overlooked that the UN never was never intended to offer the world an unconditional endorsement of a global rule of law. By its constitutional character, it was established as an institution that was expected to juggle the requirements of global law and order with geopolitical priorities. Such was the clear function of the right of veto given to the five permanent members of the Security Council. It was hoped by those of idealistic disposition that the wartime anti-fascist alliance would persist in a peaceful world, especially as the special status within the Organization was given only to the five states regarded as the victors in World War II. But it was the realists who shaped the will of the geopolitical actors, then and now, and they never for a moment endorsed a global security system resting on law and Charter principles. Indeed, they derided it. The realist consensus, associated with such policy-oriented intellectuals as Dean Acheson, George Kennan, Henry Kissinger, and Zbigniew Brzezinski knew better, believing that national and global security rested, as supposedly always had and always will on balance of power mechanisms, military capabilities, pragmatic leadership, and calculations of national interests. With the partial exception of Kennan none of those figures inhabiting the realist pantheon had the slightest interest in or respect for those who encouraged a framing of global policy by reference to human wellbeing, global justice, or ecological sustainability. In the present global mix, it is only France, a geopolitical lightweight that has dared to raise its voice above the level of a whisper to urge that the extraterritorial repercussions of the Amazon fires justify a global response, but even Macron is quite timid, relying on diplomatic discourse, offers of economic assistance, and the policy venues of the European Community and the G-7. He is too tied to the realist camp to encourage reliance on international law or the UN, and gives not even a hint that the French government would favor punitive action. Even this small French gesture of concern is too much for Donald Trump who complains that Bolsonaro was not being properly consulted while Brazilian internal policy is under consideration.

 

It is perhaps true that the UN could save Amazonia if the political will to do so existed, but it doesn’t, which sadly means that the UN is irrelevant, which is even more true than in the past, given the ultra-national mood now prevailing among geopolitical actors. We might ask what would Obama or Carter have done differently. Probably, not much without a robust global civil society movement that was itself advocating change and drastic measures. It should be remembered that the UN joined, rather than initiated, the anti-apartheid campaign in the 1980s, and that the geopolitical actors in the West went reluctantly along, not because of their antipathy to racism, but because of grassroots agitation in their own societies. In this connection it should be remembered that the U.S. and Britain vetoed UN calls for mandatoryeconomic measures to be lifted only when South Africa agreed to abandon apartheid, and abstained on other resolutions. [See NY Times, July 27, 1945]

  

 

 

What is the Question?

 

In my view, the crisis of Amazonia Burning, makes us more aware of the structural deficiencies of world order that existed ever since sovereign states claimed authority over the entire land mass of the planet as allocated to governmental authorities through the device of internationally recognized boundaries, yet the environmental and ecological issues raised were largely containable within national, regional, and even global frameworks (including world wars). This approach to the territorial allocation of authority and responsibility is supplemented by a highly permissive approach to the world’s oceans by way of freedom of all states to make almost unrestricted use, including naval operations, with minimal procedures for accountability in the absence of specific agreements (as exist, for instance, in the form of prohibitions on most whaling, and many other matters of common concern). Perhaps, the most untenable use of the oceans occurred in the decades after World War II when massive nuclear explosives designed to become warheads on weapons were extensively tested on the high seas, causing radiation to cause disease and death, especially to nearby islanders. And yet, aside from civil society protests, nothing was done by the UN or elsewhere, undoubtedly in part because the main culprit was the leading geopolitical actor. Only after a worldwide civil society protest did governments respond by negotiating the Limited Test Ban, which itself was never fully implemented.

 

With the use of atomic bombs in 1945, and their later development and spread, the core stability of statist world order—also, known as Westphalian world order—began to fray. With the buildup of greenhouse gasses and the decline of biodiversity that process has taken on a momentum of its own, which if not resisted and reversed, spells doom for the human species and much of its natural habitat.

 

We know that this bio-ethical ecological crisis cannot be overcome by appeals to international law and an ethos of international responsibility. We know also that the UN and regional organizations lack the capability or authority to override the sovereign resolve of states dedicated to maximizing national interests, being especially inhibited by the geopolitical actors who have the authority to block decisions in the Security Council. We also have become aware that these essentially structural features of world order exert additional negative influences as a result of failures of global leadership to mitigate world order deficiencies by acting to some extent in the global interest or to react empathetically to the peoples victimized by internal oppression. In an earlier period, this supplemental structural element associated with global leadership helped generate such beneficial arrangements as the public order of the oceans and of Antarctica and more recently the 2015 Paris Agreement on Global Warming and the Iran Nuclear Agreement. It would be a mistake to exaggerate the contribution of global leadership, or overlook its negative impacts, which always accorded geopolitical concerns the highest priority, failing to rid the world of nuclear weaponry and colonialism and failing to set a positive example by shows of respect for international law and the UN.

 

Efforts to overcome these deficiencies have been a characteristic of reformist initiatives and transformative proposals ever since the end of World War II. A dramatic initiative took place with the formation of the Non-Aligned Movement as an outgrowth of the Bandung Conference in 19  . Reflecting developmental priorities and a post-colonial naïve sense of global ethical consciousness, the Third World configuration of non-Western state actors put forward a broad platform under the rubric of The New International Economic Order. And more recently, the UN International Convention on the Prohibition of Nuclear Weapons highlighted both the concerns of non-nuclear weapons states and the dismaying irresponsible offsetting pushback by geopolitical Western actors determined to retain nuclearism. In effect, overcoming the deficiencies of world order have failed when undertaken by governments or under the auspices of the UN. Reformist initiatives supported by geopolitical actors have done somewhat better due to their policymaking leverage, but do not seek changes that are inconsistent with their short-termgeopolitical interests. Hence, the failure to realize the vision of a world without nuclear weaponry, to achieve environmental regulations as a level responsive to the consensus among climate scientists, and to address a long list of extraterritorial problems that would be treated differently if approached from perspectives of global rather than national interests.

 

What is suggested, is the dependence of human wellbeing on the emergence of a transnational activist movement that demands major structural reforms of world order that

seek a favorable resolution of the bio-ethical crisis. If this seems utopian, you are

quite right to react as if there is no plausible path leading from here to there. Yet I believe it is more illuminating to insist that activating the utopian imagination is the only source of a transformed realism that is sensitive to the distinctive challenges and opportunities of the 21stcentury. Adhering the premises of 20thcentury realism is increasingly a recipe for disaster as the tragedy of Amazonia Burning illustrates, a metaphor for the losing struggle to save life, health, and sanity on planet earth. And while Yemen, Syria, and Kashmir do not threaten the planet’s material viability, the failure to address these massive assaults on human dignity and human rights exhibit the spiritual impoverishment of world order.

Banning U.S. Congresspersons from Israel

18 Aug

Banning U.S. Congresspersons from Israel

The decision to ban, Ilhan Omar and Rashida Tlaib, two sitting members of the U.S. House of Representatives, disgraces the leaders of both the United States and Israel, confirms the illegitimacy of both political parties by their tepid responses, and confirms once more the unhealthy relationship that has evolved between Trump and Netanyahu, these two most reactionary of political figures, and badly reflects on the political atmosphere in the countries they represent.  For an American president to encourage a foreign government to deny entry to elected members of Congress is not only unprecedented, harmful to the quality of democratic life in America, and represents a wrongful and extremely distasteful use of his position to engage in nasty partisan reelection politics aimed at the 2020 elections. This outrageous display of further impeachable behavior by Trump is further accentuated by the defamatory, as well as maliciously and demonstrably false assertions in this notorious tweet that Ilhan Omar and Rashid Tlaib, hate Israel and all Jews, and nothing can alter their views.

 

For Netanyahu, the leader of Israel, to reverse an earlier decision to allow these U.S. officials to enter the country in response to Trump’s tweet has just the reverse effect of what is claimed. By seeming to forego Israel sovereign rights in response to an inappropriate interference in Israeli public policy by the American Head of State, Netanyahu reveals to the world Israel’s weakness, not its strength, and in the process casts a dark shadow over Israel own claims of political legitimacy. As well, to give way in this unseemly manner to Trump may also prove to be a tactical blunder in the Israeli context even if it contributes one more sordid chapter to their quid pro quo relationshiip. Such a craven move by Netanyahu miight turn off just enough Israeli voters to tip the balance against the Likud Party in the forthcoming September 17thelections. Not only was Trump’s tweet an effective assault on Israeli sovereign rights, but it also undermines the long absurd propaganda claims of Israel to be a democratic state that values and protects freedom of expression.

 

After further political turmoil, Israel appeared to relent, but by affixiing humiliating conditions, and then only with respect to Rashida Tlaib. The Israeli Minister of Interior, Aryeh Deri, agreeing to a ‘humanitarian’ visit provided the Congresswoman agreed not to promote boycotts of Israel while in the country, her visit restricted to the sole purpose of visiting her 90-year-old grandmother in a small Palestinian village not far from Ramallah. After initially accepting these constraints over the intense objections of her supporters and even her family back in Palestine, Rep. Tlaib reversed her own acceptance of the Israeli conditions, issuing a statement denouncing the constraints she earlier accepted, and refusing to restrict her time in her own Palestinian homeland to a personal visit. Of course, an Israeli rebuke followed from Deri, claiming that her rejection of Israel’s humanitarian gesture exhibits the Israeli-bashing intent that motivated the factfinding visit. Deri hammered one more nail in Tlaib’s already exposed flesh: “Apparently her hate for Israel overcomes her love for grandmother.” More understandably, Tlaib also was rebuked by many Palestinians for initially accepting Israel’s conditions intense objections to her face from supporters, alleging that she fell into Israel’s trap, “and accepted to demean herself and grovel.”

 

Seeking to thread this needle separating an ill-timed family ties from her high-profile political image, Tlaib chose these words, “Silencing me and treating me like a criminal is not what she [her grandmother] wants for me—it would kill a piece of me.” Although Tlaib used poor judgment by first agreeing to Israel’s acceptance, her statement explaining her reversal a short time later, had a redemptive effect. Perhaps, more disturbing, was Tlaib’s failure to sustain a posture of public solidarity with Ilhan Omar, whose relevance was ignored in Tlaib’s three-step dance movement.

 

The distractions caused by this secondary development involving Tlaib should not be allowed to divert attention from the primary outrage resulting from the Trump tweet and Israeli gag order imposed on nonviolent advocates of the BDS Campaign, which in this instance meant banning entry to elected U.S. government officials, supposedly a super-ally.

 

In my view Israel’s decision to ban these two members of Congress can at best be considered ‘an unfriendly act’ by Israel toward its unconditional ally. This alone should persuade a self-respecting U.S. Congress to react with much more than a few empty words of disapproval. At the very least, a message of censure should be formally endorsed by the House of Representatives, and delivered to the Israeli government, which strongly discourages further visits to Israel by members of Congress until Israel announces a policy of allowing entry any American official to visit Israel without restrictions. Perhaps, a more suitable alternative would be to urge banning members of the Knesset until Israel welcomes as visitors any and all members of the UN Congress without conditions. A further appropriate step would be to condition any approval of future military or economic assistance to Israel on lifting the ban on future visits by government officials, but also ideally by all American citizens regardless of political views; After all, American taxpayers have long paid their share of the annual aid package of at least $3.8 billion, the greatest per capita amount given to any country in the world.

I believe that by singling these two members of Congress, who happen to be the first two Muslim women ever elected to the House of Representatives, in the manner of Trump’s tweet is a clear instance of racism and hate speech, especially considered in light of his past hostile statements directed at prominent women of color who dare enter political life and oppose his presidency, including his past slanders of these two brave individuals. The language of Trump’s tweet also sought successfully to interfere with their effort to engage in a legitimate legislative undertaking in a discriminatory manner, and included this inflammatory and false allegation: “They hate Israel & all Jewish people, & there is nothing that can be said or done to change their minds.” The tweet ends with this shocking expression of hostility that demeans Trump and the Office of the Presidency rather than its intended targets, Ilhan Omar and Rashida Tlaib. Trump’s final tweeted words– “They are a disgrace!” It is best understood as “You are disgraced.”

 

The media at least gave major attention to this unfolding political drama, although more in the spirit of narrating a human interest story than offering a damning commentary on the anti-democratic moves of these two ‘illiberal democrats.’ Tom Friedman, never foregoing a chance to deliver fence-setting know-it-all lectures to whomever would listen, managed staked out some liberal territory by condemning the tactical damage to their own countries and especially to the ‘special relationship’ between them as a result of making the Republicans the true friends of Israel, and the Democrats not so clear, hence fraying the edges of bipartisanship when it comes to support for Israel. Friedman also took the opportunity to make it clear that in his view Tlaib and Omar were not better due to their ill-considered support for BDS, which he argued dooms to two-state liberalism, and implies that by their criticism of Israel, the excluded officials are widening Jewish/Islamic cleavages rather than building bridges. [See Friedman, “If You Think Trump is Helping Israel, You’re a Fool,” Aug. 16, 2019]

Such misleading pontificating, which we should know is the standard offering of Friedman in his opinion pieces that reek of vanity and pro-establishment moralizing. It is part and parcel of the overall Zionist strategy of diverting attention from Israeli wrongdoing and criminality by discrediting the victim while airbrushing the oppressor. Here, those in genuine solidarity with sustained peace for the two peoples will not be distracted by such prevarications from the underlying encroachments on freedom of expression and the rights of an ethnically cleansed people to return to their homeland as a matter of right.

.

 

 

Will Trump’s War-Mongering Lead to War with Iran

12 Aug
)

[Prefatory Note: This post is an edited version of an interview on 11 August 2019 by an Iranian journalist, Nozhan Etezad, and published in Iran Newpaper. It addresses various aspects of the troubled recent relationship between Iran/U.S.]

Will Trump’s War-Mongering Lead to War with Iran

1-Why is there a contradiction in Trump’s policy towards Iran? On the
one hand, he says he wants to negotiate, and on the other, US
government is boycotting Zarif and the supreme leader of Iran. What do
think about this issue?

You are quite right to take note of this striking contradiction, but the world has cometo expect such inconsistencies in Trump’s diplomatic style between Trump’s forthcoming and forbidding sides. He is consistently unpredictable, and as such, is capable of moving without much warning in either belligerent or accommodating directions when it comes to decisions involving action. On balance, he seems to prefer negotiations to warfare. If so, it would seem sensible for top Iranian political leaders to make clear statements indicating their willingness to discuss any concerns with Trump, expressing their interest in a meeting and their commitment to the avoidance of further war endangering confrontations.

Two important unknowns should be read as qualifications to my response: how much effective pressure are outside actors putting on Trump to maintain an aggressive approach to Iran; how strong is the opposition in Tehran to any Iranian compromises or to displays of an unconditional willingness to engage in direct talks with the U.S. Government given Trump’s hostile behavior up until now. Would too great a show of eagerness for accommodation and normalization suggest Iranian weakness, including a readiness to offer concessions?

2-Some say Rouhani is not on the sanctions list of US Because Trump
want to meet him. what is your opinion? Is it possible to negotiate
with him in the current situatio? Even when Ayatollah Khamenei has
stated that neither war nor Iran will be negotiated?

There are two concerns here. First, would Trump be more receptive to Rouhanithan Zarif as a negotiating partner? Possibly, because Rouhani is the president of Iran, thus possessing an equal status in government as Trump. It might be worthwhile for Iranian leaders to explore this possible diplomatic opening, and the fact that it seems inconsistent with other aspects of U.S. behavior should not be taken too seriously as an obstacle if the initiative otherwise seems worth exploring.

The second concern is on the Iranian side. Would Ayatollah Khamenei or others in Iran block such a meeting or oppose following up should it achieve a positive outcome? I have no special opinion about this, but a lack of sufficient support on the Iranian side could have the effect of making the current situation between the two countries even more dangerous by making diplomacy appear to be a dead-end, and this could give warmongers in the U.S. Government additional influence on policy toward Iran. 

3-How do you evaluate Iranian diplomacy as a means of countering Trump’s pressure?
Has Iran’s diplomacy been successful?

I think that Iranian diplomacy has so far exhibited composure and resolve, communicating to Washington a determination by Tehran not to be intimidated even by the ‘maximum pressures’ reportedly mounted by Trump. These signs of Iranian strength and political will may be over time improving the prospects for a diplomatic accommodation as it should now be clear that coercive moves by Trump short of war will not lead Iran to back down or surrender politically in response to sanctions or other hostile acts, and recourse to war, as dangerous as it would be, so far seems only to be. relevant as a default option, that is, occurring by miscalculation or accident.

4-Do you think it is possible in the current situation to create
Track II Diplomacy for behind-the-scenes negotiations between Iran and
the US? Is there any will in America for that? Do you think Iran is
interested?

 

These questions are all difficult to answer as Track II diplomacy to be effective must be undertaken and carried forward discreetly at its early stages without public disclosure or political comment. In my view, considering the difficulties of achieving a breakthrough by way of traditional diplomacy, it is worth giving consideration to a Track II approach. Whether either government has the will or capability to pursue such a course at this point is not evident. Finally, without proper authorization by political leaders, Track II initiatives have a risk of backfiring by being disowned through contentions that the initiative was improperly authorized or dealt with in bad faith.

5-Why was Zarif sanctioned in your opinion? Is Trump angry about his
diplomatic ability and his relations with the media and American
politicians? Will subtle sanctions make him unable to travel to New
York? Will the American media no longer interview him?

My response to these questions is necessarily highly speculative. Zarif has been quoted at one point saying that agreements with the U.S. are not worth the ink used to write them, and that might have been regarded by the White House as an unacceptable insult, although I regard it as a reasonable reaction to the U.S. withdrawal from the JCPOA (Joint Comprehensive Plan of Action, familiarly known as the 2015 Iranian Nuclear Agreement) and other unprovoked unfriendly and damaging policies pursued by the United States. Other motivations may arise from Zarif being seen as the architect of the repudiated agreement that Trump has rejected in such a defiant manner, making him disposed to be a difficult negotiator.

If Zarif comes to NYC on an official visit to represent Iran at the UN I would expect that he would be allowed to enter the US, but restricted in his movements beyond the city. While present on a UN mission, I do not think the media would be hesitant or precluded from talking with him.
.

6-Some believe that Iran is now launching a maximum countermeasures
campaign against the United States and exerting pressure on the EU. These counter-measures have so far taken the form of increased uranium enrichment and the seizure of several foreign oil tankers in the Persian. Gulf. Why has Iran taken such action? Is it in the interest of Iranian diplomacy? Can Iran use the leverage of these measures in a possible future negotiation with the US?

Both the incremental withdrawal of Iran from the obligations of the JCPOA and the tanker seizures in the Gulf seem designed to demonstrate both Iranian readiness to stand upfor their national interests and legal rights, and its pursuit of a policy of retaliatory response to provocative actions taken against its country by Trump. By so acting Iran has is sending a message to the effect that if the U.S. or others act strongly to imperil Iran’s wellbeing, then Iran will react with equivalent measures of hostility and displays of defiance.

 

Iran’s approach has risks but it also is the most promising alternative to a no-win strategy of passivity. In effect, I think Iran is making it clear that the coercion of the sort deployed will not work to weaken their political will or alter their policies, and that either there must be genuine moves by the U.S. toward normalization and respect for Iran’s sovereign rights or there could be a war that would have bad effects for many political actors. I am assuming that Iran is hoping that its adversaries realize that war would be devastating for all involved, and that in the end compromise and accommodation is the best approach for both sides. We cannot be sure about this, especially considering the various irresponsible influences at work, both seen and unseen. Given the alternatives, I believe Iran has adopted correct policies to uphold its sovereign rights in this vigorous manner given Trump’s provocations.

7-Do you find it possible to negotiate with Iran during the Trump era?
If there is a negotiation, what kind of cards does Iran have for
playing?

 

We cannot be sure about anything with regard to international negotiations in the Trump Era, but it is probably helpful to remember that Trump would politically gain immensely from walking back the crisis and achieving normalization with Iran, and lose dramatically if the crisis spins out of control, and a costly and chaotic war ensues. Remembering that presidential elections in the US are scheduled for November 2020, American domestic politics exert a huge and greater than usual impact on foreign policy. In this sense, Iran holds the cards that could give or withhold a huge political victory for Trump by whether or not it reaches an agreement.

 

It may be instructive to consider the approach adopted by Trump toward North Korea in somewhat parallel circumstances. His Korean diplomacy can be interpreted as a sign of the willingness of Trump to pursue a war-avoidance diplomacy with a long-term adversary of the United States even in the face of criticism from some advisors. The. Iranian situation is, of course, different, especially as it is closely linked to the U.S. relationship with Israel, and touches on other complexities of Middle East politics. On balance, Iran should be cautious about being too hopeful about normalization in the near future, but at the same time should remain sensitive to the emergence of potential opportunities for a diplomatic breakthrough.

8-Do you think that if Trump is reelected there will be a change in Iran’s approach to negotiations? What should the Iranian diplomacy team do if confronted by a reelected Trump?

 

It is almost impossible to predict what Trump would do with respect to foreign policy if reelected. On the optimistic side, he might want to simplify the challenges facing the. U.S. by resolving foreign policy concerns to the extent possible so as to focus on such domestic priorities as health and immigration. His presidency might also shift from popularity with voters concerns to legacy concerns, and whether in the end Trump wants to be remembered as a geopolitical warrior or as an innovative peacemaker. We can only hope that the latter possibility prevails if political misfortune befalls, and Trump is reelected. I would also suggest that at this point it is not more than 50% likely that Trump will be reelected. It depends on whether has Democratic opponent has unified support among Democrats and whether the American economy remains strong (employment, stock market).

With respect to Iran’s response to Trump’s reelection, it seems like to depend on intervening developments, and whether Trump seems combative in depicting American foreign policy toward Iran and the Middle East. I would recommend that the Iran diplomatic team assess the situation as it unfolds without endorsing expectations either of accommodation or intensifying confrontation. The most likely future is continuity, a small variation in either direction as compared to the present unsatisfactory situation.

9-Why did Trump abandon a military strike against Iran? Was it because of the
fear of Iran’s military response deterred or because of Iran’s diplomatic consultations?

 

The true motives for such a sudden policy reversal are rarely truthfully disclosed by governments, I suspect a combination of factors converged in this instance of which the most important was the sense that the conflict would dangerously escalate once military force was used, raising the risks of a foreign policy disaster to unacceptable levels. Besides, Trump had campaigned in the past against war making in the Middle East, and during his presidency while he has often irresponsibly bluffed and threatened, so far he has not acted militarily.

10-How successful has Iranian media diplomacy been in influencing
regional and global public opinion to counter Trump’s policies?
Does Trump Really Want Negotiation or War?

Iranian media diplomacy has been successful in conveying to the world the resolve of Iran to resist by all available means pressures from the U.S. and its regional adversaries. This has likely made regional actors advocate caution on the part of U.S. allies at least via confidential communications. There are few voices in the region that view a war with Iran as a viable option, and what Iran has shown by its strong recent responses to the repudiation of JCPOA and sanctions is that without war no political victory can be achieved merely by relying on threats and various forms of coercion. Also relevant as discouraging military action are the experiences of war in Iraq, Syria, and Yemen

11-How successful has Iran’s diplomacy been in persuading Europeans to
profit economically under a nuclear deal?

I am not an expert on this, but see little evidence that Iran has been able to work out significant beneficial arrangements with European countries, especially with respect to arranging oil sales. My impression is that while Europe is critical of the Trump path it is not prepared to risk worsening its economic and diplomatic relations with the US by rescuing Iran from the sanctions policy.

12-Some believe the US cannot make peace in Afghanistan without Iran’s
participation. Is it possible for Iran and the US to discuss an Afghanistan arrangement
during the Trump era? Some reports suggest that Russia will hold a
summit on Afghanistan soon. Do you think a meeting is possible
between Iranian and US officials on the sidelines in the course of such an event?

 

I think anything is possible along these lines with respect to finding a path to peace in Afghanistan, which seems a high priority of Trump, as well as of other political actors. It all depends on how priorities are weighed against one another by Washington and others. There is no requirement of overall consistency when it comes to policymaking. Iran might also resist constructive participation in Afghan negotiations favored by the West so long as Iran is targeted by sanctions and by threats/warnings.

 

Informal meetings on the sidelines are also quite possible as both sides may want to signal their willingness to find a mutually acceptable path to normalization and away from a slide toward war that would have catastrophic consequences for all involved.

14-Some people are saying that if US Senator Rand Paul’s meets with Zarif it could lead to improvements in Iran-US relations. What is your opinion? Others say appointing
a representative, such as Zalmay Khalilzad, would be a better idea to
negotiate with Iran because he had previously talked to Iranian
officials about Afghanistan. What is your opinion? If Trump wants to
deal with Iran might he indicate this by giving Paul a green light to go ahead?

I doubt that Rand Paul would be given any serious diplomatic role. He is looked upon in Washington as an eccentric and inexperienced outsider that is not trusted by the political mainstream, including by most members of his own political party. With Trump, nothing can be ruled out, and it is possible Paul would be used as an expendable triial balloon. In contrast, Khalilzad is an experienced and mainstream envoy whose appointment would signal an intention to give diplomacy a serious chance. But it might also require a commitment to diplomacy that Trump is not presently ready to make. If so, Paul could become a preferred option as there would not be strong expectations of success created by his appointment.

15-What will be the position of Trump as stand between Bolton and Pompeo and
the pursuit of his anti-war approach towards Iran?
How much diplomatically is it possible for Iran to convince the new
British government to come to an agreement with it? What is your
prediction? Will Boris Johnson be closely associated with Trump after Iran’s
election or will he pursue a more independent policy?

As far as the relationship of Boris Johnson’s leadership of Britain to Iran is concerned, I imagine that the most likely course is one openly supportive of Trump. Johnson will be preoccupied with minimizing the post-Brexit challenges facing Britain, and will be highly motivated to seek positive and enhanced trade and finance relations with the United States to offset an economic freefall some expect to follow quickly in the event of a no-deal departure from the EU. Under these conditions Johnson is almost certain not to allow any friction in relation to Iran to interfere with this overriding priority. At the same time, Johnson is ambitious, impulsive, and unpredictable, and might take the chance of adopting a more independent approach to Iran and the Middle East generally. 

16-Finally, Could Trump risk making a military strike against Iran before
the 2020 election? What if he wins again? Do you think it will be
possible for the US or its allies to attack Iran after the election?

 

Anything is possible, but as my earlier responses suggest, it is most likely but far from certain that Trump will seek to avoid war with Iran and not follow the advice of such anti-Iranian hawkish advisors as Bolton and Pompeo. I think the inhibitions on recourse to military action against Iran will be somewhat stronger before the 2020 election than after a Trump political victory in the form or reelection. At such a point, I would still expect that Trump would seek to avoid war with Iran, and also that even Israel in the end would also not want an. actual war, which could cause Israel to experience massive devastation, and therefore, behind the scenes Israel can be expected to push either for a continuation of the present diplomacy of exerting pressure as at present or even might favor deescalating the conflict for fear that it could at some point unintentionally produce a mutually destructive war. 

 

 

Context Matters Except for the Palestinians

2 Aug

Context Matters Except for the Palestinians

 

Just imagine the Israeli reaction to a peace plan put forth by a future U.S. president elected to pursue the agenda of ‘the squad,’*[*]appointing Noam Chomsky, the head of CAIR, and Medea Benjamin on assuming office to lead its moves toward peace in the Middle East. Imagine further that prior to disclosing President Alexandria Ocasio-Cortez’s revolutionary peace initiative, Washington’s new leadership took the following unilateral steps: tabling a Security Council Resolution calling for the dismantling of the Israeli separation wall in accord with the 2004 Advisory Opinion of the World Court, insisting on Israeli adherence to Article 49(6) of the Fourth Geneva Conventions while calling for the prompt re-settlement of all Israeli settlers behind the 1967 Green Line, and informing Congress of its intention to discontinue further annual economic and military assistance to Israel. In addition to these ‘provocations,’ the U.S. energetically pursued a regional diplomacy with Arab neighbors designed to exert the greatest possible pressure on Israel to go along with whatever Washington proposes or suffer severe adverse consequences.

 

I know this would strike even most pro-Palestinians as an absurd way to seek sustainable and just peace arrangements, but this is precisely the road taken by the White House in its multiple acrobatic moves designed to build leverage for the Trump/Kushner ‘deal of the century.’ Even Obama’s feeble attempts to balance the scales ever so slightly brought fury to the lips of most Israelis, including its leaders. We can hardly imagine the Israeli response to a peace initiative launched by the squad along the above lines, which for all of its seeming radical character would actually be reasonable from the perspective of international law and morality even as it was causing collective apoplexy in Tel Aviv. The absurdity of this inverted ‘peace’ scenario should help us understand how extreme has been the pro-Israeli brand of extremism of the Trump White House. The fact that this has to be demonstrated rather than taken for granted underscores how victimized the Palestinian national struggle has become in the eyes of many of us in the West.

 

Equally worth observing is the discourse on the Trump diplomacy adopted by Zionist apologists, and even some anti-Trump liberals and Israeli peace activists such as Gershon Baskin. Their bad faith message to the Palestinians is along three parallel lines: “Don’t repeat past mistakes by simply rejecting Trump’s peace proposals,” “Under the circumstances, what Trump offers is the best Palestine can hope for given altered conditions on the ground and in the region,” and “Don’t reject in advance, participate, listen attentively, responding favorably to any positive elements, and project an image of constructive engagement.” Revealingly, this advice to the Palestinians is set forth without any consideration of the extreme anti-Palestinian contextcreated by a series of deliberate moves by Trump from the moment he was elected. Can you even imagine giving Israeli leadership this kind of advice if the political realities were ever to be reversed?

 

It hardly requires a vivid imagination to conjure up the expletives that would undoubtedly lend color to the most probable Israeli responses to being told what to do in comparable circumstances. The Palestinians, in contrast, are being chastised for not being receptive and refusing to come to the table with an open mind. True, the Palestinian Authority has not shown much finesse in handling the situation, relying on the sufficiency of its skeptical mumbling and an ambivalent public ‘NO.’ Better would have been an explanation along these lines, “Given the hostility toward Palestinian concerns that have been a trademark of the Trump presidency since its beginning, how can anyone in their right mind expect us to be so foolish as to pretend that there exists any basis for exploring the Trump/Kushner proposals as if they might offer a fair resolution of our long struggle for the most basic rights of the Palestinian people?” Sitting down in such a tilted diplomatic atmosphere would be the height of folly for the Palestinians, making them seem without dignity or understanding, mere puppets assembled so that their enemies could manipulate the strings.

 

Palestinians could and should have done better in setting forth their own vision of peace.  The extreme one-sidedness of the Trump approach handed Palestinians a golden opportunity to declare as convincingly as possible the urgent and immediate need for a new peace intermediary that was a facilitator, and not a partisan as past American presidents, or worse, an imposer as this one seems to be. The United States had long overplayed its hand as ‘honest broker,’ but now it had gone so far as to make any further Palestinian acceptance of the American role a source of humiliation, if not a sign of political senility.

 

It is worth noticing always, how the background of pro-Israeli objectionable behavior is treated by international commentary. When the context of justification is overlooked or repressed it usually signals an intention to persuade the audience by excluding complicating considerations, in this instance, the multiple signs that the United States has destroyed all reasonable expectations on the part of the Palestinians of fairness or objectivity in a proposed peace process. The Oslo framework as set forth in 1993 was deficient from these points of view but the deal of the century/peace from prosperity framework is so much worse, and yet it stands unrepudiated. When the context is put forward, it represents a genuine attempt to discover whether there are reasonable grounds for moving forward, and in this case there are none.

 

In the end, there is an underlying misinterpretation that has further distorted most commentary. What is being sought by Trump’s ‘peace diplomacy’ is not a political compromise that takes accounts of the basic rights of the two peoples, but a victory of one side over the other. It is an approach lightly theorized by Daniel Pipes and his confederates at the Middle East Forum, seeking to justify and advocate an increase of coercive U.S. and Israeli moves that will induce the Palestinians to acknowledge political defeat and submit to conditions at the behest of the Israeli victor. Thus, the success of the Trump/Netanyahu approach is not a matter of finding common ground between the two sides to form an agreement, but turning the screws of oppression so tight that the Palestinians will surrender. The approach has relied upon unilateral punitive actions supplemented by regional and global geopolitical leverage, but little direct violence beyond the endorsement of Israeli excessive force in dealing with the Great March of Return over the course of the last 68 Fridays.

 

Against this background, there exists an opportunity for responsible Palestinian leaders to do more than sit sullenly on their hands. In addition to explaining why Trump’s moves makes the traditional U.S. role unacceptable for purposes of negotiation, the Palestinians of all factions should do their utmost to set aside their disagreements, and achieve a unity of purpose, at least for the duration of their national struggle. Even more important might be, seizing the diplomatic initiative by making public a document that develops a comprehensive peace proposal that stakes out in general terms the contours of a political compromise on Jerusalem, settlements, statehood, borders, refugees, water, offshore resources, economic cooperation, security, and whatever else seems relevant. Even if only in the form of a declaration of principles, with explanatory commentary, it would manifest an intention to do more than refuse the paltry offerings that Kushner, Inc. is peddling throughout the region.  Such a positive initiative articulated by the Palestinian side is long overdue, would be of help to the Palestinians in the continuous ‘public relations war’ that may in the end be as relevant to the political struggle as the diplomatic tug of war or even resistance struggles. At this stage, nothing would give greater weight to Palestinian demands than its backing of an approach to peace that would seem so much reasonable and responsible than what is now being promoted by the Trump White House.

 

The basic point lingers. Context matters, and when it is eliminated, assessments of behavioral reasonableness are bound to be distorted and extremely misleading, especially if what is at stake is highly contested. This is particularly true for the Trump/Kushner unabashedly cruel approach to peace that can only be properly understood as placing a thin veil of deception over a concerted push to achieve an Israeli ‘victory’ while pretending to seek peace on the basis of political compromise. This emperor has no clothes! Those who care about justice must not let this happen!  

 

 

[*]‘The Squad’ is the name given to a group of four progressive Congress persons elected in 2016, and challenging the bipartisan precepts of American foreign policy. Their names are Ilhan Omar, Rashida Tlaib, Ayanna Pressley, and best known, Alexandria Ortiz-Cortiz.

GEOPOLITICAL CRIMES: A REVOLUTIONARY PROPOSAL

23 Jul

[Prefatory Note: The essay below is a modified version of the 2018 Annual Lecture of the International State Crime Initiative (ISCI) of Queen Mary’s University London, given on March 22 of that year. Its original title was “Geopolitical Crimes: A Preliminary Jurisprudential Proposal.” The text of the lecture has been further revised since publication in the Spring 2019 issue of the Journal of State Crime. Its major premise is that international criminal law has developed a framework for judging the criminal conduct of states with respect to armed conflict and in the relations of state/society relations, but is silent about even the most severe crimes of diplomacy. It is these ‘geopolitical crimes’ that are more responsible for inflicting mass suffering on civilian populations than are most of the forms of international behavior currently criminalized. I am aware that criminalizing acts of diplomacy is a revolutionary idea, but no less for that, deserving of commentary and debate.]

 

GEOPOLITICAL CRIMES: A REVOLUTIONARY PROPOSAL

Points of Departure

When we think about international relations in a general way we typically presuppose a state-centric world order. I find this misleading. Actually, there are two intersecting and overlapping systems of rules and diplomatic protocols that are operative in international relations: a juridicalsystem linking sovereign states on the basis of equality before the law; and a geopoliticalsystem linking dominant states regionally and globally with other states on the basis of inequalities in power, scale, wealth and status. It is convenient to consider the juridical system as horizontal and the geopolitical system as vertical so long as this distinction is understood as a metaphor to distinguish hierarchical from non-hierarchical relations that are operative in international politics.

The United Nations (UN) embodies this structural dualism that pervades world order, and is hierarchical: the subordinate horizontal organizational axis based on juridical equality as exhibited by membership procedures and by the recommendatory authority of the General Assembly. This compares to the supervening vertical axis as embodied in the Security Council in which the permanent membership of the five states considered victors in World War II enjoy a right of veto, and possess an exclusive authority vested in the Security Council to make decisions that are theoretically enforceable.

My purpose in these remarks is to extend the notion of international state crime from its familiar horizontal axis, and suggest the significance of state crime on the vertical axis, which I will call “Geopolitical Crime”. I believe that this category of criminality has been “overlooked” in international criminal law (ICL) despite its responsibility for massive human suffering, and directly linked to some of the most serious deficiencies and unresolved turmoil in contemporary world order. Perhaps, overlooked is not the best word to describe the malign neglect. Maybe “blocked” is more accurate, as consistent with successful efforts of geopolitical actors through the centuries to evade all forms of accountability under international law for state crime unless adversary leaders are. targeted by the winners in major wars.

Of course, I am mindful of the fact that Geopolitical Crimes have not yet been formally or conceptually delimited, and are not even conceptually delimited in aspirational language at the present time, and are likely to never be accepted by the current breed of juridical gatekeepers as a valid legal category. Nevertheless, I believe that the identification and articulation of Geopolitical Crime is of pedagogical value in understanding the causal antecedents of some of the worst features of global politics, as well as of normative value in identifying what kinds of behavior in certain diplomatic settings are likely to produce future harm and by so identifying, encourage more mindful statecraft in the future.

At the outset it needs to be appreciated that international criminal law (ICL) as part of the horizontal/vertical normative mix is currently a very flawed system of law: in such crucial areas as humanitarian intervention, criminal accountability, human rights and the International Criminal Court (ICC), the application of ICL exhibits double standards, which has been producing a pattern of increasing accountability for the weak and vulnerable, and almost total impunity for the rich and geopolitically powerful and politically insulated. The result is a form of “liberal legality” that is structure blind when it comes to holding geopolitical actors to the same standards of criminal accountability as other sovereign states.

My intention is to put forward in an exploratory and tentative spirit a somewhat comprehensive proposal to imagine and delimit two closely related behavior patterns that deserve to be properly classified as Crimes Against Humanity, but are not now so treated. I am provisionally calling these “crimes” “Geopolitical Crimes of War” and “Geopolitical Crimes of Peace”.

My purpose is to identify patterns of deliberate behavior by leading governments in global or regional contexts that inflict severe harm on the individual and collective wellbeing of people, and do so knowingly, willfully, or with extreme negligence, especially in the contexts of war and post-war “peace diplomacy”. Actually, I would be receptive to suggestions of a more suitable label for these patterns of behavior than “Geopolitical Crime”, but for now will stick with this terminology. These proposed “crimes” have yet to be acknowledged as such, much less formally prohibited by treaty or practice. In this sense, this proposal for their inclusion in a jurisprudence fit for humanity is ‘revolutionary.’

On one level, I realize that I may be casting myself in the role of a latter day Don Quixote tilting at the windmills of an ideal legal order rather as did the erstwhile nobleman of La Mancha as he yearned for the gallantry of knights of old. I am sensitive to the fact that delimiting the behavior of leading states as a Geopolitical Crime may strike many persons as a wildly romantic or utopian non-starter, if not seen more destructively, as an effort to subvert the authority of liberal legality by highlighting its jurisprudential deficiencies.

My central critique of ICL is its grant of a free pass or exemption to geopolitical actors and their close allies, which has caused so much harm in the past, continuing into the present, and threatens to do even greater harm in the future. It can be argued that even if this is the case, why call attention to the weakness of ICL by proposing a form of criminalization that is unlikely to ever happen, and if it does, will never be implemented. The experience of the ICC makes these low expectations seem realistic. Nevertheless, while aware of these concerns, I believe there are several reasons that make it worthwhile to delimit Geopolitical Crimes.

First of all, to discuss what I propose to identify as “Geopolitical Crimes” by pointing to historical examples helps us consider why many things have gone so badly wrong in international relations over the course of the last hundred years at the cost of millions of lives. I am well aware that counterfactual narratives of history are inevitably problematic as we can never know what might have happened had we chosen “the road not taken” to recall the motif of Robert Frost’s famous poem.

Secondly, aspirational norms of ICL can become meaningful for civil society actors, even if ignored or rejected by the diplomacy of geopolitical actors (e.g. BAN Treaty – UN Treaty on the Prohibition of Nuclear Weapons, New York, United Nations General Assembly 2017). Delimiting Geopolitical Crimes seeks to fill serious world order and international law gaps created by destructive and intentional policies and practices of geopolitical actors. Raising an awareness of such gaps also helps us understand the degree to which the UN, including its subsidiary organs, is similarly constrained when seeking to fulfil its substantive undertakings as set forth in the Preamble to the UN Charter.

Indeed, civil society tribunals, ever since the Russell Tribunal (International War Crimes Tribunal, Stockholm/Roskilde, 1967) have examined allegations of unacknowledged war crimes of geopolitical actors, including Crimes Against Humanity, by the U.S. in Vietnam, back in 1966 to 1967. Such an undertaking was dismissed and denigrated at the time by mainstream thinking as an absurdly misguided challenge to the behavior of a geopolitical giant in the midst of an aggressive war. In fact, the Vietnam War was the kind of war that international criminal law in the aftermath of World War II had no trouble classifying as a Crime Against Peace at the Nuremberg Tribunal when addressing the behavior of a defeated Axis power.

Despite these efforts to discredit the Russell Tribunal its inquiries and testimonies produced valuable commentaries on the Vietnam War that would not otherwise be available to us. In this regard, in a manner similar to the government-organized war crimes tribunals after World War II, the main value of such civil society initiatives is to narrate on the basis of substantial evidence the wrongdoings of the defendants, whose punishment is of secondary importance, despite these individuals having done terrible things on behalf of a particular state.

I was involved in the Iraq War Tribunal that in 2005 brought to Istanbul before a jury composed of internationally known. moral authority figures, Iraqi testimonies of combat experiences and an array of international experts to record the violations of international law and of the UN Charter on the part of the United States and United Kingdom. In the end, in a manner no other institutional actor could do, this civil society initiative documented and supplied moral and legal reasoning as to why this war should be regarded as a criminal enterprise.

Part of my argument here is that the failure to delimit “Geopolitical Crimes” deprives us of a truer understanding of what went wrong and was wrong, particularly in the course of and the aftermath of World War I and II, and more recently in the responses to the 9/11 attacks on the United States. The wrongfulness in these instances arises from the manner in which the war and peace diplomacy was used to demonize the adversary and exonerate the victor, or in the 9/11 instance, to embolden a wounded and traumatized superpower to take steps previously treated as prohibited by international law. Considering Geopolitical Crimes is also a matter of attentiveness to the historical antecedents of conflict and political extremism that are habitually misrepresented by propaganda and one-sided interpretations, if treated at all.

The third justification for this line of prescriptive thinking is essentially pedagogical to influence normative discourse in relation to war and peace, suggesting that to ignore geopolitical wrongdoing is to overlook one of the major causes of conflict, chaos, injustice and extremism in the world order experience of the last hundred or more years. Jurisprudential innovations of the kind recommended here has taken place in the past. Raphael Lemkin is often heralded as the person who single-handedly invented the word “genocide” in 1944, and finally produced its acceptance by the powers that be, leading to its incorporation in the authoritative Convention on the Prevention and Punishment of the Crime of Genocide in New York (United Nations General Assembly 1951).

In the course of the Vietnam War, in response to the conduct of environmental warfare, a biologist at Yale, Arthur Galston, came up with the term “ecocide”, an analogue to genocide, but in relation to natural surroundings. I later drafted a proposed Ecocide Convention that I hoped at the time could and should become part of international criminal law (see Falk 1973). Unfortunately, unlike genocide, ecocide has not yet been incorporated into ICL, at least never at the inter-governmental level, although civil society actors are active in promoting ecocide as an international crime that should be implemented by enforcement. In this regard, the idea of ecocide as a crime has been widely accepted in several influential civil society settings, and has become part of the progressive public discourse relating human activity to environmental harm.

And fourth and finally, the articulation of geopolitical crimes, as crimes, might induce greater care on the part of some policy planners and governmental leaders in avoiding harmful practices in the future, even if such decision makers continue to deny any legal obligation to do so. The nuclear taboo is an example of a tradition of non-use of nuclear weapons that in part stems from the horrific realization of the atomic antecedent of these weapons in the closing days of World War II. The normative discourse reinforced this taboo, most notably by General Assembly Resolutions (United Nations General Assembly 1946), the Shimoda Case decided by a (Tokyo District Court 1962) and by a 1996 Advisory Opinion of the International Court of Justice (International Criminal Court 1996). We might describe such a taboo as “informal law” that if backed by practical wisdom can lead to impressive levels of compliance, sometimes higher than what is achieved by formal law, even in a treaty form, especially if compliance is geopolitically inconvenient (Article VI, United Nations Treaty on the Non-Proliferation of Nuclear Weapons, New York, United Nations 1968). Beyond this, if such taboos are violated, the perpetrators might appropriately be deemed responsible for criminal behavior if what is done is widely regarded as Geopolitical Crimes, which might have the effect of expanding the jurisprudential and pedagogical influence of civil society tribunals.

Delimiting “Geopolitical Crimes”: Jurisprudential Clarifications and Historical Illustrations

It is appropriate to consider Geopolitical Crimes from a jurisprudential perspective, and then provide illustrative cases. I will choose the impact Geopolical Crimes on the practices and policies imposed on the Middle East in the peace diplomacy of the victors after World War I. I will also make brief reference to the Geopolitical Crimes of War and of Peace associated with the conduct of World War II and the conditions of peace established subsequent to the war, especially the ambiguous legacies of the Nuremberg and Tokyo War Crimes Trials. I would also point to early initiatives of the United Nations, which bears serious unacknowledged responsibility for the ordeals of the Palestinian people and the failure over the course of decades to find a sustainable peace based on the respective rights of these two long embattled peoples.

These various historical circumstances present complicated and controversial contexts, and as I am suggesting, my commentaries at this point are more intended as a means to initiate discussion than a claim to achieve an authoritative interpretation of such multiply contested and layered historical events.

An alternative illustrative situation that qualifies as geopolitical criminality could have been provided by offering a critical account of punitive restrictions imposed on German sovereignty by the Versailles Treaty in the form of reparations and demilitarization. It is arguable that this diplomacy constituted Geopolitical Crimes of gross negligence contributing to the rise of Hitler and Nazism. It is significant, suggesting an informal learning process, that peace diplomacy after World War II deliberately avoided the imposition of a punitive peace upon the defeated Axis Powers, although these defeated states and their leaders were guilty of a far worse path of criminality than what the countries defeated in World War I had done.

More recently, in the context of the First Gulf War in 1992, the victorious coalition again imposed a punitive peace on Iraq in the form of economic sanctions that pro- duced catastrophic predictable losses of civilian lives, including among children (see Beres 1992). Why these punitive and indiscriminate sanctions were imposed remains not entirely clear. Partly it reflected a substitute or compensatory course of action for the failure of the victorious coalition to pursue all out political victory of the sort that ended both world wars. The post-war sanctions imposed on Iraq can be thought of as compromise between pushing for regime change in Baghdad and the grudging acceptance of the government of Saddam Hussein as legitimate. The Geopolitical Crime arises from the failure to take steps to avoid causing suffering to the civilian population of Iraq. To target civilians is an instance of state terror that should be treated as an international crime.

Let me first try to describe more adequately what I mean by “Geopolitical Crimes”. My reference is to deliberate or grossly negligent undertakings by leading governments representing sovereign states or international institutions that violate core norms of international law, diplomatic customary practices and the protocols of international relations, and fundamental principles of international ethics. Often, the most serious harm done by these violations results from longer term dislocations that should reasonably have been foreseen. If this is so, it provides a rationale for imposing legal responsibility as reasonable and appropriate, especially with an eye towards inhibiting the repetition of comparable behavior in the future. It could be thought of as ‘a precautionary principle’ for diplomats. For example, if the imposition of “punitive peace” had been rendered unlawful in light of the World War I experience it might have exerted some deterrent impact on imposed harsh conditions on Iraq in 1992.

Historically, there is a tendency for the victors in major wars to have opportunities to alter international relations according to their values, interests and fears. This was certainly true of the outcomes of the major wars involving Europe (see Beres 1992). However, this is not always the case. Sometimes Geopolitical Crimes have immediate, intended and foreseeable effects. Two obvious recent examples: the 2017 blockade and related steps coercively imposed on Qatar in response to its failure to meet the 13 Demands made by a coalition of members of the Gulf Cooperation Council plus Egypt (see Falk 2018). The Geopolitical Crime present centers on the unlawful intrusion on Qatari sovereignty, with intended harm to public and private sector activities, as associated with the impact of the 13 unreasonable demands as reinforced by administrative decrees and blockades.

My second example is President Trump’s thrashing (Borger et al. 2018) and subsequent repudiation of the P5 + 1 Agreement on Iran’s Nuclear Program (Joint Comprehensive Plan of Action 2015), a course of action that makes a destructive and unlawful war in the Middle East far more likely, and its threat, a certainty.

It is, of course, entirely reasonable to argue that some alleged “Geopolitical Crimes” produced bad outcomes that could not have been reasonably anticipated or that the political actors involved had been motivated at the time by good faith, conventional wisdom and political realism. One important context for geopolitical criminality, as earlier suggested, is in post-conflict peace diplomacy where the victor calls the shots.

For instance, at the Nuremberg and Tokyo trials of surviving German and Japanese military and political leaders, the criminal activities of the victors were exempted from scrutiny, and could not be mentioned by the defense, however serious and relevant. In partial deference to such a constraint on prosecution, German and Japanese defendants were not charged with crimes that the Allied countries had committed. This selectivity was extensively critiqued as “Victors’ Justice” (see Minear 1971). More specifically, in light of the Allied “saturation” bombing of German cities, the German, Italian and Japanese bombing of civilian populations was not among the crimes alleged. Such forbearance in the manner of victors’ justice not only exempted the practice from accountability in the war crimes tribunals, it unwittingly normalized for the future saturation bombing as beyond the reach of international law.

This double effect was particularly striking in light of the pre-war denunciations of

Germany, Italy, and Japan for the “inhuman barbarism” of the bombing of cities in their military operations, which of course were far smaller. It led Franklin Delano Roosevelt to address an “urgent appeal to every Government which may be in hostilities to publicly affirm its determination that its armed forces shall in no event, and under no circumstances, under- take the bombardment from the air of civilian populations” (quoted in Franklin 2018; reactions to German bombing of Guernica in Spain, Japan in Manchuria, Italy in Ethiopia. No effort to condemn at Nuremberg & Tokyo in view of Allied practice, also McNamara’s acknowledgement to LeMay in The Fog of War, [2003], that if war lost, they would likely be prosecuted as war criminals.). What seemed “inhuman barbarism” when done by the enemy became a matter of “military necessity” when done by the victorious side in the course of the war, despite being done on a far larger and more destructive scale. Such an exemption from legal accountability offered the West de facto justifications for recourse to massive bombing tactics in the Korean War (1950– 1952) and the Vietnam War (1962–1975) that cost several million civilian lives.

In partial acknowledgement of this failure to hold the strong responsible for compliance with international law in a manner equivalent to those formally charged, the American prosecutor at Nuremberg, Justice Jackson, famously declared in his closing statement, “We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well.” Robert H. Jackson’s (1945) belief that Nuremberg would generate new standards of international behavior applicable to the victors quickly turned out to be wishful thinking. It is of the essence of being a geopolitical actor to refuse as a matter of principle, the discipline of legal or moral restraint. Each of the states that pre- vailed in World War II subsequently committed acts violating the Nuremberg findings without incurring any serious normative backlash, but worse than this, their wrongdoing in this prior war established precedents that so normalized the behavior as to place outside the orbit of legal accountability.

 

Often, the complexities, subtleties and secrecy surrounding diplomacy make it virtually impossible to establish the mental state of mind of the perpetrators of Geopolitical Crimes. One notable exception is an exchange on the U.S. news pro- gram, “60 Minutes”, between Lesley Stahl, TV journalist, and Madeline Albright, on 12 May 1996, then the U.S. Secretary of State, on the impact of harsh sanctions imposed on Iraq after the Gulf War. Lesley Stahl asked the American official, “(w)e have heard that half a million children have died. I mean, that’s more children than died in Hiroshima. And, you know, is the price worth it?” and Albright replied “we think the price is worth it.” Although this chilling response was later partially retracted by Albright, it offers a striking example of a high government official endorsing the indiscriminate targeting of civilians by way of a sanctions policy framed to punish the Iraqi regime for its Kuwait attack and as a warning to Iraq and others to remain within its borders in the future of face the geopolitical fury of the United States.

There are, then, two complementary tendencies that bear on my inquiry into the interplay of state crime and world order: the first, is to obscure crimes of state by manipulating the public discourse in misleading ways; Israel has been very effectively done this with respect to the victimization of the Palestinian people in the course of implementing the Zionist project; e.g. persuading the U.S. Government to describe the unlawful Israeli settlements in Occupied Palestine as “unhelpful” rather than “criminal”; the second, is to treat as “crimes” morally and politically distasteful past acts, which were not crimes at the time of their commission, which is my main theme in these remarks, that is, retrospectively criminalizing past behavior. In the first case, the crimes of state are denied or obscured, while in the second instance past governmental wrongdoing is irresponsibly criminalized.

A similar issue is presented by the frequent assertion that indigenous peoples in various settings in the Western Hemisphere and elsewhere were victims of genocide perpetrated by settler communities, generally backed by colonial powers. Again, there is an inevitable normative ambiguity present – the behavior can be properly castigated as “genocide” if this is understood to be a moral and political condemnation, but the implication that such past behavior was also “a crime” in a legal sense is misleading absent an acceptance of natural law thinking based on notions of intrinsic wrong. This would itself be a rather strange jurisprudential move in a modern context where valid international law is based on the consent, or secondarily on the pronouncement of respected civil society organizations..

Nuremberg never directly addressed the criminality of the Holocaust as the most systematic and massive form of genocide out of this respect for “legalism”. It should be remembered that Stalin and Churchill favored summarily executing Nazi war criminals without the ritual of a trial, enabling the moral and political condemnation to be clear and absolute, as well as focused on the core evil without the distracting irrelevance of a long trial. The American view prevailed but at the previously discussed heavy jurisprudential cost of legalizing and normalizing civilian bombing, which had previously been viewed as falling outside the scope of acceptable behavior (see Bruce 2018),

There was a notable progression from strategic bombing to saturation bombing as Allied tactics against Germany intensified in the latter stages of the European theatre of combat. In relation to Japan’s case, this refusal to apply legal standards of accountability to both sides in the war had the momentous side effect of legalizing the atomic bomb for the future, which set the stage for the legalization of nuclear weaponry. (Nuclear weapons are geopolitically legal, while being considered juridically unlawful, at least under most circumstances. (See International Court of Justice, Advisory Opinion, 1996.) This unfortunate byproduct of the war crimes approach was further distorted by the NPT approach, which allows nuclear weapons states to possess, deploy, threaten, and use, while denying even pre-acquisition development options to other sovereign states. (After waiting for disarmament over the course of decades the patience of non-nuclear states and civil society has begun to run out; (See United Nations Treaty on the Prohibition of Nuclear Weapons, 2017, and International Campaign to Abolish Nuclear Weapons [ICAN] Nobel Peace Prize 2017 counter-moves; Geopolitical Crimes of World War II). In this sense, the NPT approach, as supplemented by a geopolitical regime of implementation currently threatening to unleash a war with a Iran, has given geopolitical support to a highly dangerous feature of world order as currently operationalized.

 

Geopolitical Crimes Arising from World War I’s Peace Diplomacy

As suggested, the Geopolitical Crimes of World War I and II are specified as including an extended conception of war as encompassing “peace diplomacy”, that is, the arrangements imposed on the defeated side after active combat ended. The basic contention is that diplomacy that was deliberately wrongful should be held subject to accountable procedures if responsible for inflicting massive suffering on innocent people and their societies. More specifically, the argument set forth suggest the desirability of adding Geopolitical Crimes to the list of Crimes against Humanity set forth in Article 7 of the Rome Statute (United Nations General Assembly 1998) governing the activities of the ICC.

It seems relevant to ignore chronology and mention the most obvious Geopolitical Crimes of World War II before turning to World War I. As earlier suggested, the most consequential Geopolitical Crime involved the normalization of bombing of civilian populations and cities as exemplified by post-1945 patterns of warfare in Korea, Vietnam and more recently in Iraq, Syria and Yemen; this normalization covered atomic bombs, which without comment also extended the cover of legal- ity to nuclear weapons under the positivist precept that whatever is not explicitly forbidden is permitted; imposed “partition” arrangements for Korea, Vietnam and Germany, disrupting natural and traditional political communities of these countries giving rise to warfare and war-threatening tensions that lasted for decades, and reflecting geopolitical arrangements of convenience that under later Cold War conditions could have led to the outbreak of World War III, Korean War

and Vietnam War. These divided country arrangements were implemented with- out consulting the people affected and ignored what became known as “the inalienable right of self-determination” in the decolonization period.

Turning to the peace diplomacy that followed the ending of World War I, it too created by design severe problems that would haunt the affected populations for generations. Although mindlessly indifferent, given the failure to prohibit such behavior, it is admittedly not responsible to suggest after such a lapse of time that this peace diplomacy was a Geopolitical Crime in any plausible legal sense. However, it is in my view quite reasonable to suggest, even retroactively, that the Allied powers were politically and ethically responsible for the commission of grave Geopolitical Crimes. A similar logic seems applicable to Armenian contentions that Ottoman Turkey was guilty of “genocide” due to its responsibility for the organized massacres of hundreds of thousands of Armenians in 1915. A genocide occurred, as noted by Hitler and the world did nothing to stop it. This distinction between what is unlawful and what is political and ethically wrong is important. In 1915, the word genocide had not yet been invented and no norm of prohibition was formally adopted prior to 1951, making any attempted legal application retroactive in violation of the fundamental principle of criminal justice “no punishment without a prior law”.

And so unlike Albright’s assertion, which is contemporaneous with the events, the World War I allegations are of a political and ethical nature, but with the encouragement that such negative diplomacy be stigmatized by being criminalized. In the context of World War I’s peace diplomacy I would call attention to three major initiatives each of which contributed to the current regional landscape of turmoil, extremism and violence causing massive suffering: the Sykes-Picot Agreement (1916), the Balfour Declaration (1917) and the abolition of the Islamic Caliphate (1924). The first two of these initiatives occurred prior to the ending of World War I but were explicitly incorporated into the peace arrangement imposed on the Middle East. These two colonialist initiatives embedded in the peace diplomacy, did not as such violate prevailing legal norms, nor directly contradict Western political and ethical standards, but seemed imprudent in view of nationalist challenges emanating from the non-West and the wholly disruptive nature of the Zionist project (creating a Jewish state, temporarily disguised as a Jewish “homeland” in a non-Jewish society; at the time of Balfour the Jewish population in Palestine was in the vicinity of 8%).

Kemal Ataturk decreed the abolition of the Caliphate in 1924 as part of his central project of making Turkey a Europeanized secular state along the specific lines of France. Although such an undertaking would have negative reverberations later in Turkey, it would not be reasonable to expect a political leader to anticipate this, and in fact, the secularization of Turkey was consistent with the modernization

norms that prevailed politically and ethically in the West. In actuality, however, Ataturk’s modernization project had a dislocating effect in Turkey that bears comparison with the Zionist impact on Palestine: it represented an attempt from above to impose a secular Europeanized state on a religiously oriented and non-Western multiethnic society that had long existed in Turkey. The Shah of Iran attempted the same sort of social engineering transformation of Iran that also produced a drastic backlash.

In my view the basic Geopolitical Crime committed with respect to the Ottoman Empire involved the imposition of European territorial states on a region that had been previously governed in a loose and largely non-territorial manner. More concretely, the region had for centuries been under the rule of the Ottoman Empire that divided the Arab world into “millets” vested with responsibility for local self- government, based on distinct units reflecting ethnic and religious identities. This system of governance was long largely accepted by inhabitants as “natural” or legitimate political communities, with identities that were local and tribal as well as civilizational and religious, and essentially non-territorial in the sense of the modern state system based on the central juridical idea of territorial sovereignty.

What Sykes-Picot attempted to do was to satisfy the colonial ambitions of Britain and France substituting territorial colonies within fixed international boundaries for Ottoman millets. This meant overriding the preceding natural and established communities by imposing borders and authority structures responsive to colonial priorities (e.g. Britain wanted to secure Palestine so as to be in a better position to protect the Suez Canal and trade routes to India; France wanted to establish Lebanon within borders that would ensure the presence of a Christian majority state in the region subject to its control).

I find it significant that the most influential and stark critiques of this extension of the European state system to the Middle East emphasize the illegitimacy of this element of territoriality. For instance, Ayatollah Khomeini expressed the view that neither territorial European style states nor dynastic monarchies were legitimate forms of political community. He contended that the revolution in Iran was “Islamic” (that is, non-territorial) and not “Iranian” (that is, territorial). Osama Bin Laden in explaining the ethos of his movement challenging the status quo in the Arab world pointed to 80 years of humiliation for Muslims due to the abolition of the Islamic Caliphate. The first slogan after ISIS established its ill-fated caliphate in 2014 was “the end of Sykes-Picot”, exhibiting a historical consciousness hostile to territoriality. It is possible to discount such statements as the voice of Islamic extremists that are not representative of the region, and cannot validly claim to be the voice of the people, which is more accepting of modernity, secularism and territoriality, and the accompaniment of territorial states. At the same time, one notices that these states have not succeeded in establishing any kind of voluntary or natural political community, have confronted recurrent chaos, geopolitical interventions, a series of governing authorities relying on brute force to establish and maintain order. The region has experienced a century of violent conflict, punctuated by periodic regional wars and a series of large-scale military operations, and leading to the expulsion of several hundred thousand Palestinians from their homeland.

One of the worst Geopolitical Crimes involved the coercive fragmentation and victimization of the Palestinian people as a whole. It is little wonder that in the era of decolonization, the establishment of Israel would occasion cycles of resistance and repression with still no end in sight. Surely, Balfour, despite the colonial arrogance of the declaration, could not be held responsible for foreseeing what would unfold, and colonial ambitions were later somewhat moderated by being forced into the mandates system that promised, although vaguely, eventual political independence. As with the Armenian case, what we can learn by looking back a century is that if the Balfour Declaration and its subsequent implementation had been undertaken in today’s post-colonial world it would qualify without question in the sense used here as a Geopolitical Crime, although not from the perspective of ICL.

Similarly, with the third initiative which was a spillover from World War I although distinct from its formal diplomacy. Turkey achieved independence by force of arms under the leadership of Kemal Ataturk, a visionary leader who deter- mined to take Turkey down the path of modernization, which meant secularism, nationalism, industrialization, and statism. This led Ataturk to shift course, and in 1924 abolish the Islamic caliphate that had its administrative center in Istanbul, once again reinforcing the trend away from statelessness in the Ottoman Middle East and towards a statist region organized around the somewhat alien European model of territorial sovereignty.

I am suggesting that these three initiatives constitute the deep roots of the tragedy we currently witness in the Middle East undoubtedly aggravated by the presence of abundant oil reserves vital for the functioning of the world economy. This is not meant to diminish the relevance of more proximate realities that help up grasp the more immediate con- text of the present awful conjuncture of forces in the region. The Cold War, starting with the Truman Doctrine, led to rigidity and confrontation that also produced regime-changing interventions, as in Iran in 1953, protecting foreign investment in the oil industry and also ensuring ideological alignment with the West. These realities underlay the later inducements of geopolitical actors to intervene in the region to protect their access to the vast oil reserves of the Gulf, the concern of the West to stem the tide of political Islam that flowed from the Iranian experience in 1979, and to act in ways that bolstered Israel’s security. The 9/11 attacks, an outgrowth of these earlier developments, further aggravated by internal and external engagements that sought to shape the political future of the region. The Arab Spring of 2011 followed by counterrevolutionary responses have led to the chaos and violence evident in Syria, Yemen, Libya, and Iraq, as well as the kind of repressive regime brought about by the 2013 military coup in Egypt.

 

Conclusion

I think that so me Geopolitical Crimes are ongoing and others are being initiated to reflect current realities. In. my judgment, the democratic citizenries of the world have strong incentives to oppose their commission. To illustrate this contemporary dimension, I would regard the withdrawal by Trump from the Paris Agreement on Climate Change (2016) or his decertification of the Iran Nuclear Program Agreement (2015) as blatant Geopolitical Crimes that should be so understood and in a more humane world order, would be prohibited, if possible prevented, and if necessary, accordingly punished.

Telford Taylor, one of the American prosecutors at Nuremberg, ends his book comparing Nuremberg with Vietnam with this provocative quote from the French statesman, Georges Clemenceau: “It was worse than a crime it was a mistake.”  (Taylor, Nuremberg and Vietnam: An American Tragedy, 1970). What I have been suggesting is that we should criminalize geopolitical mistakes of grave magnitude. In this more normative sense, crimes are far worse than mistakes.

We can no longer afford the occurrence of deliberate choices by representatives of leading governments that should be foreseen as producing grave harm to the human interest in achieving humane societies and a sustainable future for the species. In effect, the vertical dimension of world order needs to become subject to the discipline of international criminal law for the sake of human wellbeing, species survival, and ICL needs to be expanded to include Geopolitical Crimes.

References

Beres, L. (1992) “Prosecuting Iraqi Gulf War Crimes: Allied and Israeli Rights under International Law”, Hastings International and Comparative Law Review 16(1): 41–66.

Borger, J., Dehghan, S. and Holmes, O. (2018) “Iran Deal: Trump Breaks with European Allies over ‘Horrible, One-Sided’ Nuclear Agreement”, The Guardian, 9 May. Available online at https:// http://www.theguardian.com/world/2018/may/08/iran-deal-trump-withdraw-us-latest-news-nuclear- agreement (accessed 5 February 2019).

Franklin, B.(2018) Crash Course: From the Good War to the Forever War. New Brunswick, NJ: Rutgers University Press.

Falk, R. (1973) “Environmental Warfare and Ecocide – Facts, Appraisal, and Proposals”, Bulletin of Peace Proposals 4(1): 80–96.

Falk, R. (2018) “A Normative Evaluation of the Gulf Crisis”. Humanitarian Studies Foundation Policy Brief. Available online at http://humsf.org/wp-content/uploads/2018/02/HSF_PolicyBrief_2.pdf.

International Criminal Court. (1996) “Legality of the Threat or Use of Nuclear Weapons”, Advisory Opinion of 8 July 1996, No. 96/23. The Hague: United Nations.

Joint Comprehensive Plan of Action (2015) “Vienna, 14 July 2015”. Available online at: https://www. state.gov/documents/organization/245317.pdf (accessed 5 February 2019).

Minear, R. (1971) Victors’ Justice: Tokyo War Crimes Trial. Princeton: Princeton Legacy Library. Robert H. Jackson Center. (1945) “Opening Statement before the International Military Tribunal”, November 21. Available online at: https://www.roberthjackson.org/article/justice-jackson-delivers-

opening-statement-at-nuremberg-november-21-1945/ (accessed 5 February 2019).
Tokyo District Court. (1962) “Shimoda et al. v. The State”, The Japanese Annual of International

Law 8: 231.
United Nations. (1968) “Multilateral Treaty on the Non-Proliferation of Nuclear Weapons”, New York, 5 March 1970, United Nations Treaty Series, vol. 729, No. 10485, p. 173. New York: United Nations. United Nations General Assembly. (1946) “Establishment of a Commission to Deal with the Problem

Raised by the Discovery of Atomic Energy”. New York: United Nations.
United Nations General Assembly. (1951) “Convention on the Prevention and Punishment of the

Crime of Genocide”, vol. 78. New York: United Nations.
United Nations General Assembly. (1998) “Rome Statute of the International Criminal Court”,

A/CONF.183/9, 17 July, p. 3. New York: United Nations.
United Nations General Assembly. (2017) “Treaty on the Prohibition of Nuclear Weapons”,

A/CONF.229/2017/8, pp. 1–10. New York: United Nations.

 

 

Required Reading: Noura Erakat on Palestine and Law

17 Jul

[Prefatory Note: The following review was also published today by Mondoweiss, an outstanding online news and opinion service addressing important international and domestic issues, with special attention to the following: the Palestinian national struggle; Israeli denial of basic Palestinian rights; U.S. foreign policy in the Middle East; and various efforts by Palestinians to promote global solidarity initiatives, and militant Zionists and the Israeli government to discredit, and even impose punitive policies on initiatives and even advocacy critical of Israeli policies and practices.]

 

Justice for Some: Law and the Question of Palestine. By Noura Erakat. Stanford University Press, 2019.

 

I make no claim to approach this book with an open mind. Making a fuller disclosure, I acknowledge with some pride that I have endorsed Justice for Some even before it was published, and my blurb appears on its back cover. Beyond this, two months ago I took part in a book launch at George Mason University where Noura Erakat is on the faculty. My effort in this review is not to make a calm appraisal of the book’s strengths and weaknesses, but rather to celebrate it as a major scholarly contribution to the critical literature devoted to resolving the Israel/Palestine struggle in line with the dictates of justice rather than by a continuing reliance on muscular weight of subjugation as augmented by geopolitics. And accordingly, to seize this opportunity to urge a careful reading of Justice for Some by all those interested in the Palestinian struggle as well as those curious about the way law works for and against human wellbeing as revealed by its use in a sequence of historical and societal circumstances.

 

Erakat focuses on the deformations of militarism and geopolitics that have been inflicted on the Palestinian people as a whole, making readers aware of how ‘law’ and injustice have all too often collaborated through the decades. Erakat brilliantly offers readers this illuminating critical jurisprudential exposition, but she does not stop there. Justice for Somealso partakes of a constructivist methodology in the following sense. While Israel has cleverly deployed law to oppress the Palestinian people, Erakat’s text also explains to readers how law can and is being used on behalf of justice, serving the cause of Palestinian empowerment as integral to the ongoing emancipatory struggle of the Palestinian people.

 

In a sense my own partisanship on behalf of the Palestinian struggle parallels that of Erakat who makes evident from the Preface that her intention is to depict Palestinian territorial and national victimization as transparently as possible through the optic of law and human rights and to deplore the Israeli use of legal regimes, procedures, and tactics to carry forward the Zionist project at the. cruel expense of the Palestinians.

 

Justice for Somerepresents an important trend in scholarship, which seeks to combinge academic objectivity with undisguised ethical and political engagement. Such a combination of goals might seem appropriate when dealing with a struggle as poignant as Israel/Palestine, but it has not been so treated. In mainstream scholarship. The academic canon on scholarly writing continues to favor the posture of neutrality or supposed objectivity as to policy implications, which is but a professional mask worn by naïve or cynical academicians unwilling to own up to their own subjectivities of perspective. Worse than this, the Zionist influence over scholarly and media discourse on this subject-matter is so great that forthright writing of the sort contained in Erakat’s book is censored, self-censored, and attacked as ‘biased.’ For the mainstream, Erakat’s originality and the persuasiveness of her analysis is ignored if she is lucky, and if not, demeaned. Such authors are often attacked as representatives of the so-called ‘New Anti-Semitism,’ that is, a label used to discredit writing and writers critical of Israel’s policies and practices by maliciously merging criticism with hatred of Jews. This deformed equation offers us a definition of hate speech that amounts to a death sentence for freedom of expression. It is a national disgrace that American legislative bodies at the state and federal level are swallowing this kool aid!

 

It is difficult to convey Erakat’s jurisprudential originality without extensive discussion, but I will try. Much springs from her bold assertion “I argue that law is politics.” (4) By this she means, put crudely, ‘the force of law’ depends on ‘the law of force,’ that is legal rights without the capability to implement the law to some degree is without effect or its insidious effect is to give legal cover to inhumane behavior.  Or as Erakat puts it metaphorically, politics provides the wind that a sail needs for the boat to move forward. At the same time Erakat when discussing Palestinian rights and tactics is insistent that the advocacy of ‘force’ does not imply a reliance on or a call for violence. Her tactical affirmation of nonviolence becomes explicit when she discusses approvingly the political relevance of the BDS campaign as well as in her emdorsement of various efforts to discredit Israel at the United Nations and elsewhere. Overall, Erakat reasons persuasively that Israel has been more adept than the Palestinians in making effective use of law, partly because the wind is at their back due to their linkages to geopolitics, especially the United States, but also because Israeli legal experts have done their ‘legal work’ better than have the Palestinians. Erakat’s book can be read as a stimulus to Palestinians to make better use of what she calls ‘principled legal opportunism.’ (19) In a larger sense, Israel due to geopolitical backing and discourse control has succeeded in having its most flagrant international crimes including the excessive use of force, collective punishment, and state terror ‘legalized’ under rubrics of ‘security’ and ‘self-defense,’ open ended legal prerogatives inherent in the very notion of a sovereign state. In contrast, Palestinians exercising an entirely justifiable right of resistance even if exercised against military targets is internationally criminalized and Palestinian behavior is characterized as ‘acts of terror.’ Israel’s most sinister ‘legal’ trick has been to defy  international law repeatedly and flagrantly without suffering any adverse consequences. This dynamic of defying the law can be illustrated by Israel’s dismissal of the World Court Advisory Opinion of 2004 despite the agreement of 14 of the 15 judges (does it surprise anyone, that the lone dissenter was the American judge?) that building the separation wall on occupied Palestinian territory violated the basic norms of international humanitarian law, including the Geneva Conventions (1977).

 

Erakat also deserves praise by maintaining a scholarly tone while not mincing her words or becoming entrapped in the often fuzzy language of law. The question of language is crucial to her understanding of the disjunctions between law and justice that have deprived the Palestinian people, and their nation, of the basic rights for more than a century. Erakat is straightforward in a manner of very few international law scholars that the issues at stake arise can be only properly evaluated if fully contextualized historically and ideologically.  Following Anthony Anghie, and several others, Erakat deems it essential to expose the roots of modern international law as reflective of a legal framing that served to legitimate European colonialism and its practices. She provocatively extends this generalization to Israel, identifying it as the last ‘settler colonial’ state to be established. I would add that Israel was established despite the powerful anti-colonial current of history that has flowed in one direction since 1945.

 

Erakat is equally prepared to identify the Israeli prolonged occupation of Palestine following the 1967 War as having become ‘annexation.’ She also affirms the view that Israel’s manner of controlling the Palestinian people through political fragmentation and the instrumentalities of law is a form of ‘apartheid.’ In critical and constructivist approaches the avoidance of legal euphemisms is central to the central undertaking of liberating legal mechanisms from the machinations of states. What truth-telling language does is to see through the legal masquerade so as to illuminate the moral issues at stake. This linguistic surgery is a prerequisite to elucidating the relationship of law to justice and injustice not only with respect to Palestine, but in relation to particular issues, whether involving international migrants, abused minorities, or peoples denied self-determination.

 

Justice for Somehelped me realize that this core sense of law as an inevitably politicized instrument of control and resistance can be at odds with the idea that I emphasized earlier in my own legal writing, that the true meaning of legal norms can only be discerned by their proper interpretation. I argued against the Vietnam War on this basis, contending that the American role entailed uses of force in violation of the UN Charter and international law governing uses of force, and that this argument was legallysuperior to the justifications being set forth by the U.S. Government and its apologists. This regulative (or hermeneutic) paradigm reflects the rhetoric of international law and the way lawyers habitually address controversy, including the modes of legal reasoning used by judges in tribunals, whether domestic or international, to explain and justify their decisions. It is especially applicable to the use of international law in statecraft to validate or invalidate contested behavior, indirectly reflecting both the intensity of the political winds filling the sails of the ship of state, but also the sophistication and motivations of whoever is doing the lawyering, and for whom.

 

Against the background of this understanding, what Erakat seeks and achieves is less about the emancipatory interpretation of legal norms and more about allowing us to grasp the manipulative nexus that underlies international legal discourse, and shapes political patterns of control and resistance. The regulative paradigm is complementary and backgrounded as Erakat’s overriding purpose is to develop a comprehensive rationale for a political and normative paradigm that fits the reality of the Palestinian and similar struggles for basic rights, especially that of self-determination, better than do traditional approaches. These paradigms do not necessarily contradict one another, but rest on differing functions of law and lawyers in various contexts, and from a jurisprudential perspective can be looked upon as complementary. Erakat’s undertaking is less concerned with understanding the way the world is, than how it ought to be. governed, and how law and lawyering can (on cannot) make this happen. In this sense, the defining spirit of Noura Erakat’s book calls to mind that famous remark of Karl Marx: “Philosophers have hitherto only interpreted the world in various ways; the point is to change it.” [Theses on Feuerbach.

Remembering the World Court Advisory Opinion on Israel’s Separation Wall After 15 Years

10 Jul

Remembering the World Court Advisory Opinion on Israel’s Separation Wall After 15 Years

 

On July 9, 2004 the International Court of Justice (ICJ) in The Hague issued an Advisory Opinion by a vote of 14-1, with the American judge the lone dissenter, as if there would have been any doubt about such identity even if not disclosed. The decision rendered in response to a question put to it by a General Assembly resolution declared the separation wall unlawful, and that compliance with international law would require it to be dismantled and Palestinian communities and individuals compensated for harm incurred. As with the identity of the dissenting judge, the failure of Israel to comply with the decision was as predictable as the time of tomorrow’s sunrise.

 

Only slightly less anticipated was the American government response, which adopted its customary hegemonic tone, to instruct the parties that such issues should be resolved by politicalnegotiation, which even if heeded would end up as Israel wished, given the hierarchical relationship between Israel as occupier and Palestine as occupied. It doesn’t require a legal education to dismiss the American argument as fatuous at best, cynical at worst. The question put to the ICJ was quintessentially legal, that is, whether the construction of the separation wall on occupied Palestinian territory was or was not consistent with the Fourth Geneva Convention governing belligerent occupation.

 

Although the decision is labeled as an ‘advisory opinion’ it has the authoritative backing of a fully reasoned and documented consensus of the world’s most distinguished jurists as to the requirements of international law in relation to the construction of this 700km wall, 85% of which is situated on occupied Palestinian territory. The degree of authoritativeness of the legal analysis is enhanced by the one-sidedness of the decision. It is rare for a legal controversy before the ICJ to produce such near unanimity given the diversity of legal systems of the 15 judges and considering the civilizational and ideological differences that haunt world order generally.

 

This legaloutcome in The Hague was overwhelmingly endorsed politicallyby the General Assembly mandating Israeli compliance. It is disappointing that Israeli defiance of both the ICJ, the world’s highest judicial tribunal, and the General Assembly, the organ of the UN most representative of the peoples of the world, should have occasioned so little adverse commentary over the years. It is not only a further confirmation that the UN System and international law lacks the capacity to deliver even minimal justice to the Palestinian people but that such institutional authority is subject to a geopolitical veto, that is, international law without the backing of relevant power becomes paralyzed with respect to implementation.

 

When considering the constitutional right of veto given to the five permanent members of the Security Council as augmented by the informal geopolitical veto enabling dominant states to shield their friends as well as themselves from the constraints of international law, the dependence of law on the priorities of power becomes obvious, painfully so. It helps us grasp the perverse ways the world is currently organized.  It is truly pathetic that only the weak and vulnerable are subject to the constraints of law, while the strong and those shielded by the strong are the lawless overlords of this unruly planet.

 

The wall a notorious international symbol of coercive and exploitative separation, as epitomized by the apartheid security structures imposed on the Palestinian people as a whole has a grotesque pattern of implementation. Its ugly structures slice through and fragment Palestinian communities and neighborhoods, separating farmers from their farms, and creating a constant and an inescapable reminder of the nature of Israeli oppression.

 

It may put the issue of the separation wall in historical perspective to recall features of the Berlin Wall. During the Cold War it came to epitomize oppression in East Germany, and more generally in Eastern Europe. If the East German government had dared extend the wall even a few feet into West Berlin it would have meant war, and quite possibly World War III. And finally, when the wall came down it was an occasion of joyous celebration and a decisive moment in the historical dynamic that let the world know that the Cold War was over. It is helpful to appreciate that the Berlin Wall was designed to keep people in, while the Israeli Wall is supposed to keep people out.

 

There is also the question of motivation. As many have pointed out, the wall remains unfinished more than 15 years after it was declared necessary for Israeli security, which tends to support those critics that pointed out that if security was the true motive, it would have been finished long ago. Even if the claim is sincerely, in part, motivated by

security, it illustrates the unjust impacts of ‘the security dilemma’: small increments of Israeli security are achieved by creating much larger increments of insecurity for the Palestinians. Beyond security, it is obvious that this is one more land-grabbing tactic of the Israelis that is part of the wider Israeli strategy of treating ‘occupation,’ especially of the West Bank, as an occasion for ‘annexation.’ Even more insidiously, is the apparent Israeli intention to make Palestinian life near the wall so unendurable, that Palestinians relinquish their place of residence, ‘ethnic cleansing’ by any other name.  

 

What messages does this anniversary occasion deliver to the Palestinian people and the world? It is a grim reminder that the Palestinian people cannot hope to achieve justice or realize their rights by peaceful means. Such a reminder is particularly instructive as it comes at a time when intergovernmental efforts to find a political compromise between Israeli expectations and Palestinian aspirations has been pronounced a failure. This failure, again not surprisingly, has meant a dramatic shift in approaching ‘peace’ and ‘a solution’ from diplomacy to geopolitics, from the Oslo flawed diplomatic framework to the Trump ‘deal of the century’ or as Kushner has rephrased it, ‘peace to prosperity.’ Or more transparently phrased, it is ‘the victory caucus’ that Daniel Pipes and the Middle East Forum that he presides over has promoted so successfully in recent months, in effect, advocating a final betrayal of the rights of the Palestinian people, an approach that has evidently found a receptive audience in both the U.S. Congress/White House and the Israeli Knesset.

 

This geopolitical strategy is a thinly disguised attempt to satisfy Israel’s expectations as to borders, refugees, settlements, water, and Jerusalem while repudiating Palestinian rights under international law, including their most fundamental right of self-determination, supposedly a legal entitlement of all peoples in the post-colonial era.

The question that remains is ‘how much longer can the Zionist Project swim against the strong historical current of anti-colonialism?’

 

The answer in my view depends on whether the global solidarity movement, together with Palestinian resistance, can reach a tipping point that leads Israeli leadership to reconsider its ‘security’ and its future. Such a point was reached in South Africa, admittedly under quite different conditions, but with an analogous sense that the Afrikaner leadership would never give up control without being defeated in a bloody struggle for power.