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Another UN Failure: The Palmer Report on the Flotilla Incident of 31 May 2010

11 Sep


 

            When the UN Secretary General announced on 2 August 2010 that a Panel of Inquiry had been established to investigate the Israeli attacks of 31 May on the Mavi Marmara and five other ships carrying humanitarian aid to the beleaguered people of Gaza there was widespread hope that international law would be vindicated and the Israelis would finally be held accountable. With the release of the Palmer Report these hopes have been largely dashed as the report failed to address the central international law issues in a credible and satisfactory manner. Turkey, not surprisingly, responded strongly that it was not prepared to live with the central finding of the 105 page report reaching the astonishing conclusions that the Israeli blockade of the Gaza Strip is lawful and could be enforced by Israel against a humanitarian mission even in international waters.

 

            Perhaps this outcome should not be so surprising after all. The Panel as appointed was woefully ill-equipped to render an authoritative result. Geoffrey Palmer, the Chair of the Panel, although a respected public figure, being the former Prime Minister of New Zealand and an environmental law professor, was not particularly knowledgeable about either the international law of the sea or the law of war. And incredibly, the only other independent member of the Panel was Alvaro Uribe, the former President of Colombia, with no professional credentials relevant to the issues under consideration, and notorious both for his horrible human rights record while holding office and forging intimate ties with Israel by way of arms purchases and diplomatic cooperation that was acknowledged by ‘The Light Unto The Nations’ award given by the American Jewish Committee that should have been sufficient by itself to cast doubt on his suitability for this appointment. His presence on the panel compromised the integrity of the process, and made one wonder how could such an appointment can be explained, let alone justified.  Turkey’s agreement to participate in such a panel was itself, it now becomes clear, a serious diplomatic failure. It should have insisted on a panel with more qualified, and less aligned, members.

 

The other two members of the panel were designated by the governments of Israel and Turkey, and predictably appended partisan dissents to those portions of the report that criticized the position taken by their respective governments. Another unacceptable limitation of the report was that the Panel was constrained by its terms of reference that prohibited reliance on any materials other than what was presented in the two national reports submitted by the contending governments. With these considerations in mind, we can only wonder why the Secretary General would have established a formal process so ill-equipped to reach findings that would put the legal controversy to rest and resolve diplomatic tensions, which it has certainly failed to do. Such deficient foresight is itself one of the notable outcomes of this unfortunate UN effort to achieve the peaceful resolution of an international dispute.

 

            Even such an ill-conceived panel did not altogether endorse Israeli behavior on 31 May. The panel found that Israel used excessive force and seemed legally and morally responsible for the deaths of the nine passengers on the Mavi Marmara, instructing Israel to pay compensation and issue a statement of regret. In other words the Palmer Report seems to fault seriously the manner by which the Israeli enforced the blockade, but unfortunately upheld the underlying legality of both the blockade and the right of enforcement, and that is the rub. Such a conclusion contradicted the earlier finding of a more expert panel established by the Human Rights Council, as well as rejected the overwhelming consensus that had been expressed by qualified international law specialists on these core issues. A gross inadequacy of the report was to separate the assessment of the blockade as if exclusively concerned with Israeli security, and ignore its essential role in imposing an intolerable regime of collective punishment on the population of Gaza that has lasted for more than four years.

 

            While the Panel delayed the report several times to give diplomacy a chance to resolve the contested issues, Israel and Turkey could never quite reach closure. There were intriguing reports along the way that unpublicized discussions between representatives of the two governments had agreed upon  a compromise arrangement consisting of Israel’s readiness to offer Turkey a formal apology and to compensate the families of those killed as well as those wounded during the attack, but when the time for announcing such a resolution of this conflict, Israel refused to go along. In particular, the Israeli Prime Minister, Benjamin Netanyahu, seemed unwilling to take the last step, claiming that it would demoralize the citizenry of Israel and signal weakness to Israel’s enemies in the region. More cynical observers believed that the Israeli refusal to resolve the conflict was a reflection of domestic politics, especially Netanyahu’s rivalry with the even more extremist political figure, Foreign Minister, Avigdor Lieberman, who was forever accusing Netanyahu of being a wimpy leader and made no secret of his own ambition to be the next Israeli head of state. Whatever the true mix of reasons, the diplomatic track failed, despite cheerleading from Washington that openly took the position that resolving this conflict had become a high priority for American foreign policy. And so the Palmer Report assumed a greater role than might have been anticipated for what was supposed to be no more than a technical inquiry about issues of law and fact. After the feverish diplomatic efforts failed, the Palmer panel seemed to offer the last chance for the parties to reach a mutually satisfactory resolution based on the application of the international law and resulting recommendations that would delimit what must be done to overcome any violations that had taken place during the attack on the flotilla.

 

            But to be satisfactory, the report had to interpret the legal issues in a reasonable and responsible manner. This meant, above all else, that the underlying blockade imposed more than four years ago on the 1.6 million Palestinians living in Gaza was unlawful, and should be immediately lifted. On this basis, the enforcement by way of the 31 May attacks was unlawful, an offense aggravated by being the gross interference with freedom of navigation on the high seas, and further aggravated by producing nine deaths among the humanitarian workers and peace activists on the Mavi Marmara and by Israeli harassing and abusive behavior toward the rest of the passengers. Such conclusions should have been reached without difficulty by the panel, so obvious were these determinations from the perspective of international law as to leave little room for reasonable doubt. But this was not to be, and the report as written is a step backward from the fundamental effort of international law to limit permissible uses of international force to situations of established defensive necessity, and even then, to ensure that the scale of force employed, was proportional, respectful of civilian innocence, and weighed security claims against harmful humanitarian effects. It is a further step back to the extent that it purports to allow a state to enforce on the high seas a blockade, condemned around the world for its cruelty and damaging impact on civilian mental and physical health, a blockade that has deliberately deprived the people of Gaza of the necessities of life as well as locked them into a crowded and impoverished space that has been mercilessly attacked with modern weaponry from time to time.

 

            Given these stark realities it is little wonder that the Turkish Government reacted with anger and disclosed their resolve to proceed in a manner that expresses not only its sense of law and justice, but also reflects Turkish efforts in recent years to base regional relations on principles of fairness and mutual respect.  The Turkish Foreign Minister, realizing that the results reached by the Palmer Panel were unacceptable, formulated his own Plan B. This consisted of responses not only to the report, but to the failure of Israel to act responsibly and constructively on its own by offering a formal apology and setting up adequate compensation arrangements. Israel had more than a year to meet these minimal Turkish demands, and showed its unwillingness to do so. As Mr. Davutoglu made clear this Turkish response was not intended to produce an encounter with Israel, but to put the relations between the countries back on ‘the right track.’ I believe that this is the correct approach under the circumstances as it takes international law seriously, and rests policy on issues of principle and prudence rather than opts for geopolitical opportunism. As Davutoglu said plainly, “The time has come for Israel to pay a price for its illegal action. The price, first of all, is being deprived of Turkey’s friendship.”

 

            And this withdrawal of friendship is not just symbolic. Turkey has downgraded diplomatic representation, expelling the Israeli ambassador from Ankara and maintaining inter-governmental relations at the measly level of second secretary. Beyond this all forms of military cooperation are suspended, and Turkey indicated that it intends to strengthen its naval presence in the Eastern Mediterranean. As well, Turkey has indicated that it will initiate action within the General Assembly to seek an Advisory Opinion from the International Court of Justice as to the legality of the blockade. What is sadly evident is that Israeli internal politics have become so belligerent and militarist that the political leaders in the country are hamstrung, unable to take a foreign policy initiative that is manifestly in their national interest. For Israel to lose Turkey’s friendship is second only to losing America’s support, and coupled with the more democratic-driven policies of the Arab Spring, this alienation of Ankara is a major setback for Israel’s future in the region, underscored during the last several days by the angry anti-Israeli protests in Cairo.

 

            What is more, the Turkish refusal to swallow the findings of the Palmer Report adopts a political posture that is bound to have a popular resonance throughout the Middle East and beyond. At a time when some of Turkey’s earlier diplomatic initiatives have run into difficulties, most evidently in Syria, this stand on behalf of the victimized population of Gaza represents a rare display by a government of placing values above interests. The people of Gaza are weak, abused, and vulnerable. In contrast, Israel is a military powerhouse, economically prospering, a valuable trading partner for Turkey, and having in the background an ace in the hole– the United States ever ready to pay a pretty penny if it could induce a rapprochement, thereby avoiding the awkwardness of dealing with this breakdown between its two most significant strategic partners in the Middle East. We should also keep in mind that the passengers on these flotilla ships were mainly idealists, seeking nonviolently to overcome a humanitarian ordeal that the UN and the interplay of national governments had been unable and unwilling to address for several years. This initiative by civil society activists deserved the support and solidarity of the world, not discouragement from the UN and a slap on the wrist by being chastened by the Palmer report’s view that their actions were irresponsible and provocative rather than empathetic and courageous.

 

            Israel has managed up to now to avoid paying the price for defying international law. For decades it has been building unlawful settlements in occupied West Bank and East Jerusalem. It has used excessive violence and relied on state terror on numerous occasions in dealing with Palestinian resistance, and has subjected the people of Gaza to sustained and extreme forms of collective punishment. It attacked villages and neighborhood of Beirut mercilessly in 2006, launched its massive campaign from land, sea, and air for three weeks at the end of 2008 against a defenseless Gaza, and then shocked world opinion with its violence against the Mavi Marmara in its nighttime attack in 2010. It should have been made to pay the price long ago for this pattern of defying international law, above all by the United Nations. If Turkey sustains its position it will finally send a message to Tel Aviv that the wellbeing and security of Israel in the future will depend on a change of course in its relation to both the Palestinians, its regional neighbors, and to the international community. The days of flaunting international law and fundamental human rights are no longer policy options for Israel that have no downside. Turkey is dramatically demonstrating that there can be a decided downside to Israeli flagrant lawlessness. 

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Preliminary Libyan Scorecard: Acting Beyond the UN Mandate

6 Sep


            In Western circles of influential opinion, the outcome of the NATO intervention in Libya has already been pronounced ‘a victory’ from several points of view: as a military success that achieved its main goals set at acceptable costs, as a moral success that averted a humanitarian catastrophe, and as political success the creation of an opportunity for freedoom and constitutionalism on behalf of a long oppressed people. This is one of those rare results in an international conflict situation that seems to please both conservatives and liberals. Conservatives because it was a show of force that reaffirmed Western primacy based on military power. Liberals because force was used with UN backing in accordance with international law and in furtherance of human rights and liberal values.

 

Qaddafi and his loyalists are apparently a spent force, and the future of Libya now becomes a work in progress without any clear understanding of who will call the shots from now on. Will it be the Libyan victors in the war now battling among themselves for the control of the country? Will it be their NATO minders hiding behind the scenes? Will it be the NATO representatives doing the bidding of the oil companies and the various corporate and financial interests that make no secret of seeking a robust profit-making stake in Libya’s future? Or will it be some combination of these influences, more or less harmoniously collaborating? And most relevant of all, will this process be seen as having the claimed liberating impact on the lives and destinies of the Libyan people? It is far too early to pronounce on such momentous issues, although sitting on the sidelines one can only hope and pray for the best for a country substantially destroyed by external forces. Even before the dust of the original conflict settles it is not too soon to raise some skeptical questions about the unconditional enthusiasm in mainstream Western circles for what has been done and what it portends for the future of UN peacekeeping.

 

            What has transpired since March when the UN Security Council gave its go ahead for the use of force to protect civilians in Libya should never have become an occasion for cheering despite the military and political outcome of the intervention. This unfortunate triumphal spirit was clearly voiced by the normally critically sensitive Roger Cohen. Writing in the New York Times Cohen insists that the Libyan intervention should be viewed as a historically momentous discharge of the global moral responsibility that somehow rests on the shoulders of post-colonial pro-active leaders in the West:  “..the idea that the West must at times be prepared to fight for its values against barbarism is the best hope for a 21sr century less cruel than the 20th .” This rather extraordinary claim cannot be tested by reference to Libya alone, although even narrowly conceived the grounds for such confidence in Western uses of force in the global south seems stunningly ahistorical. But if the net is enlarged, as it must be, to encompass the spectrum of recent interventions under Western auspices that include Vietnam, Iraq, and Afghanistan the self-absorbed gaze of Cohen seems like a dangerously misguided form of advocacy relating to the use of force in international relations. Looking at this broader experience of Western intervention makes one squirm uncomfortably in reaction to the grandiose claim that the willingness of leading Western countries to police the world is humanity’s ‘best hope’ for the future. Cohen is not timid about insisting that the Libya operation up to this point provides a positive model for the future : “The intervention has been done right—with the legality of strong backing, full support of America’s European allies, and quiet arming of the rebels.” A contrast with Iraq is drawn, presumably, in contrast, an intervention ‘done wrong.’

 

            There is a heavy dose of implicit paternalism, condescension, and passé consciousness, not to mention wishful thinking, present if the West is to be identified as the best hope for the future just because it managed to pull off this Libyan intervention, that is, even assuming that the post-Qaddafi experience in the country is not too disillusioning in this one set of circumstances. What about putting the failed interventions into the balance, and then deciding whether it is helpful or not to encourage the West, which means mainly the United States, to take on this protective role for the rest of the world? I seem to remember not that long ago such self-empowering phrases as ‘white man’s burden’ and ‘civilizing mission’ being used by colonial apologists with a straight face. The West has quite a record of barbarism of its own, both within its geographic confines and in its encounters with others.  It seems arbitrary and contentious to situate barbarism geographically, and it certainly seems strange to think that the long exploited and abused non-West generates a new breed of barbarians at the gates.

 

            And let us not be to quick to heap praise on this Libyan model? It is certainly premature to conclude that it has been a success before acquiring a better sense of whether the winners can avoid a new cycle of strife and bloodshed, and stick together in a Libya without the benefit of Qaddafi as the common enemy. Or if they do, can they embark upon a development path that benefits the Libyan people and not primarily the oil companies and foreign construction firms. Any credible assessment of the Libyan intervention must at least wait and see if the new leaders are able to avoid the authoritarian temptation to secure their power and privilege within the inflamed political atmosphere of the country. The majority of the Libyan people undoubtedly have strong expectations that their human rights will now be upheld and that an equitable economic order will soon be established that benefits the population as a whole, and not the tiny elite that sits on the top of the national pyramid. These are expectations that have yet to be satisfied anywhere in the region. The challenge is immense, and perhaps is beyond even the imagination and aspirations of the new leaders, posing a challenge that exceeds their capabilities and will.

 

            Yet such worries are not just about the uncertain future of Libya. Even if, against the odds, Libya turns out to be the success story already proclaimed, there are still many reasons to be concerned about the Libyan intervention serving as a precedent for the future. These concerns relating to international law, to the proper role for the UN, and to the shaping of a just world order have been largely ignored in the public discussion of the Libyan intervention. In effect, once NATO helped the rebels enough to get rid of the Qaddafi regime, it has been treated as irrelevant to complain about aspects of the undertaking and such issues have been completely ignored by the media. In the rest of this blog I will try to explain why the Libyan intervention is far from providing future diplomats with an ideal model. I believe we should learn from the Libyan experience, and reject it as a precedent.

 

            As the World Court made clear in the Nicaragua decision of 1986, modern international law does not allow states to have recourse to force except when acting in self-defense against a substantial prior armed attack across its borders, and then only until the Security Council acts. The United Nations, normally the Security Council, but residually the General Assembly, has the authority to mandate the use of force under Chapter VII of the UN Charter on behalf of peace and security, including on the basis of UN evolving practice, for humanitarian ends under extreme circumstances of the sort that arguably existed in Libya during the latter stages of Qaddafi’s rule. This humanitarian extension of UN authority has been challenged as opening a loophole of indefinite dimensions that can be used to carry out a post-colonial imperialist agenda. Even granting that humanitarian ends should now be understood to have been legally incorporated into prevailing ideas of ‘international peace and security,’ a crucial further question exists as to whether the force used by NATO remained within the confines of what was authorized by the Security Council.

 

            The Security Council debate on authorization indicated some deep concerns on the part of important members at the time, including China, Russia, Brazil, India, and Germany, that formed the background of SC Resolution 1973, which in March 2011 set forth the guidelines for the intervention.This extensive resolution articulated the mission being authorized as that of protecting threatened Libyan civilians against violent atrocities that were allegedly being massively threatened by the Qaddafi government, with special reference at the time to an alleged imminent massacre of civilians trapped in the then besieged city of Benghazi. The debate emphasized the application of the norm of Responsibility to Protect (R2P) endorsed by the Security Council a few years ago that sought to allay fears about interventions by the West in the non-West by refraining from relying on the distrusted language of ‘humanitarian intervention’ and substituting a blander way of describing the undertaking as less of a challenge directed at the territorial supremacy of sovereign states and more in the nature of a protective undertaking reflecting human solidarity. The R2P norm relies on a rationale of protecting vulnerable peoples from rulers that violated basic human rights in a severe and systematic fashion.

 

            But once underway, the NATO operation unilaterally expanded and qualitatively shifted the mission as authorized, and almost immediately acted to help the rebels win the war and to make non-negotiable the dismantling of the Qaddafi regime. NATO made these moves without even attempting to explain that it was somehow still acting primarily to protect Libyan civilians. This was not just another instance of ‘mission creep’ as had occurred previously in UN peacekeeping operations (for instance, the Gulf War of 1991), but rather mission creep on steroids! It would have been possible during the Security Council debate to explain in a forthright manner what obviously must have been the real intentions all along of NATO. It would have been possible and respectful of the integrity of UN discourse to have made the attempt to convince the members of the Security Council that the only way the Libyan people could be protected was to help the rebels win the civil war and to be sure that Qaddafi was taken out of the picture. Presumably such forthrightness was avoided by the pro-interventionist states because it would almost certainly have turned several of the already reluctant abstaining five countries into negative votes, including in all likelihood, those of China and Russia that are permanent members whose votes have a veto effect, which in this case would have prevented the Security Council from reaching a decision. So the pro-interventionists admittedly faced a genuine dilemma: either dissemble as to the ends being pursued and obtain the legitimacy of limited advance authorization from the UN or reveal the real goals of the operation and be blocked by a veto from acting under UN auspices. If so blocked, then the further issue arises as to whether to intervene in the absence of a UN mandate.

 

A similar dilemma faced the intervening governments prior to the 1999 NATO’s Kosovo War. It was resolved by ignoring the legalities altogether, with NATO acting without any UNSC authorization. It was also a controversial precedent, and some blamed the Kosovo reliance on ‘a coalition of the willing’ or on a military alliance as providing a sufficient authorization, for the later claim of de facto authority to carry out the Iraq invasion without gaining prior UN approval. In both Kosovo and Iraq circumventing the UN’s legally prescribed role of deciding when to authorize non-defensive force on behalf of international peace and security was criticized, but the unlawfulness of the action led to no clear repudiation of either intervention after the fact, and rather highlighted the weakness of the UN. In both cases the UN after the fact acted to ratify the results of uses of force that clearly violated the UN Charter’s unconditional prohibition imposed on all uses of non-defensive force by member states. The rogue recourse to force was especially disturbing in Iraq as the attack legally amounted to a war of aggression, a crime against the peace in the language of the Nuremberg Judgment rendered in 1945 against surviving Nazi leaders after World War II.

 

            With regard to Libya, the culprits are not just the states that participated in this runaway operation, but the members of the Security Council  that abstained from supporting Resolution 1973 and the Secretary General of the United Nations have a special duty to make sure that the limits of authorization were being respected throughout the undertaking. It would seem to be a matter of constitutional responsibility for all members of the Security Council to ensure respect for the Charter’s core effort to prevent wars and seek peaceful resolution of conflicts. When exceptions are made to this generalized Charter prohibition on the use or threat of force it should always be strictly formulated, and then continuously monitored and interpreted, and if limits are exceeded, then the supervisory authority and responsibility of the Security Council should kick in as a matter of course, and in a spirit of upholding the autonomy and legitimacy of the United Nations. The Secretary General also has secondary responsibility to take appropriate steps to call the attention of the membership to such blatant departures from an authorizing resolution as an essential aspect of his role as custodian of the integrity of UN procedures and as the UN’s de facto ombudsman in relation to ensuring fidelity to the Charter. This allocation of responsibility seems more important when it is realized that the actions of the Security Council are not subject to judicial review. This controversial doctrine of judicial self-restraint within the UN System was ironically decided by the World Court in the 1992 Lockerbie case involving sanctions imposed on Libya in apparent violation of relevant treaty law. The majority of the judges concluded that whatever the Security Council decided needed to be treated as authoritative even if it went against international law, that the Security Council always had the last word in shaping UN policy even when it was acting unwisely or irresponsibly.

 

            Against this background, the abstaining states were also derelict at the outset by allowing a resolution of the Security Council involving the use of force to go forward considered that it contained such ambiguous and vague language as to raise a red flag as to the scope of the proposed authorization. Although Security Council Resolution 1973 did seem reasonably to anticipate mainly the establishment of a No Fly Zone and ancillary steps to make sure it would be effective, the proposed language of the resolution should have signaled the possibility that action beyond what was being mandated was contemplated by the NATO countries and would likely be undertaken. The notorious phrase ‘all necessary measures’ was present in the resolution, which was justified at the time as providing the enforcers with a desirable margin of flexibility in making sure that the No Fly Zone would render the needed protection to Libyan civilian.  Almost immediately once NATO launched its operations it became obvious that an entirely new and controversial mission was underway than what was acknowledged during the debate that preceded the adoption of 1973. The U.S. Supreme Court has often invalidated Congressional action as ‘void for vagueness,’ and this is something in the UN setting that Security Council members should have been prepared to do on their own in their role as final guardians of constitutional integrity in relation to war making under UN auspices. Given the Charter emphasis on war prevention and peaceful settlement of disputes, it should be standard practice that exceptional mandates to use force would be interpreted strictly to limit the departure from Charter goals and norms, but the UN record even before Libya has been disappointing, with geopolitics giving states a virtually unlimited discretion that international law purports to withhold.

 

            There is a further related issue internal to best practices within the United Nations itself. The Security Council acts in the area of peace and security on behalf of the entire international community and with representational authority for the whole membership of the Organization. The 177 countries not members of the Security Council should have confidence that this body will respect Charter guidelines and that there will be a close correspondence between what was authorized and what was done especially when force is authorized and sovereign rights are encroached upon. This correspondence was not present in the Libyan intervention, and this abuse of authority seems to have barely noticed in any official way, although acknowledged and even lamented in the corridors and delegates lounge of UN Headquarters in New York City.

 

This interpretative issue is not just a playground for international law specialists interested in jousting about technical matters of little real world relevance. Here the life and death of the peoples inhabiting the planet are directly at stake, as well as their political independence, the territorial integrity, and economic autonomy of their country. If the governments will not act to uphold agreed and fundamental limits on state violence, especially directed at vulnerable countries and peoples, then as citizens of the world, ‘we the peoples of the United Nations,’ as proclaimed by the Preamble to the Charter need to raise our voices. We have the residual responsibility to act on behalf of international law and morality when the UN falters or when states act beyond the law. Of course, this imperative does not imply a whitewash for tyrannical rule.

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Libya without Qaddafi: Decoding an Uncertain Future

26 Aug

 

            There is so much spin surrounding the Transitional National Council victory in Libya that it is difficult to interpret the outcome, and perhaps premature to do so at this point considering that the fighting continues and the African Union has withheld diplomatic recognition on principled grounds.  Almost everything about the future of Libya has been left unresolved, beyond the victory of the rebel forces as massively assisted by NATO air strikes as well as a variety of forms of covert assistance given to the anti-regime Libyans on the battlefield. Of course, in the foreground is the overthrow of a hated and abusive dictator who seemed more the outgrowth of the surrealist imagination than a normal political leader who managed to rule his country for more than 42 years, and raised the material standards of the Libyan people beyond that of other societies in the region.  

 

It does seem that the great majority of the Libyan people shared with others in the region a thirst for political freedom. The initial uprising seems definitely inspired by the Arab Spring.  But unlike the other populist challenges to authoritarian Arab states, in Libya the anti-regime forces abandoned nonviolent tactics at early stage and became an armed uprising. This raised some doubts and widespread fears about the onset of a civil war in  the country, but it also brought forth a variety of explanations about the murderous behavior of the regime that left its opponents no alternative.

 

Now with Qaddafi gone as leader, if not yet captured or killed, a new central concern emerges. What will the morning after bring to Libya? At the moment it is a matter of wildly divergent speculation as the unknowns are so predominant. There are a few observations that clarify the main alternatives. More favorably than in Egypt or Tunisia, this populist uprising possesses a revolutionary potential. It has seems poised to dismantle the old order altogether and start the work of building new structures of governance from the ground up. The fact that the TNC resisted many calls for reaching an accommodation or compromise with the Qaddafi regime gives the new leadership what appears to be a clean slate with which to enact a reform agenda that will be shaped to benefit the people of the country rather than foreign patrons. This opportunity contrasts with the messy morning after in Egypt and Tunisia where the remnants of the old order remain in place. In Cairo numerous demonstrators were sent to jail, and reportedly tortured, after new demonstrations were held in Tahrir Square led by those fearful that their political aspirations were being destroyed by the same old bureaucracy that had provided Mubarak with his oppressive structures of authority that made the country safe for neoliberal exploitation and unsafe for constitutional democracy.  Let’s hope that the TNC can sustain Libyan unity and commit itself to the building of a democratic constitutional order and an equitable economy step by step. It will not be easy as Libya has no constitutional experience with citizen participation, an independent judiciary, or the rule of law. Beyond this, political parties, non-state controlled media, and civil society were absent from Libya during the Qaddafi era.

 

And then there is the big possible problem of NATO’s undefined post-Qaddafi role. The air war inflicted widespread damage throughout the country, and already NATO entrepreneurial interests are staking their claims, and TNC spokespersons have indicated that those who lent their cause support will be rewarded in appreciation. Fortunately, NATO does not purport to be an occupying force, but the United States and the principal European countries that took part in the war are pulling strings to release billions of dollars of assets of the Libyan state that were frozen in compliance with Security Council Resolution 1973 and various national directives, and may well be playing a major advising role behind the scenes. Will this dynamic of enabling the new leadership to achieve a finance recovery and reconstruction in Libya come as part of a package containing undisclosed political conditions and economic expectations?  There are signs that oil companies and their government sponsors are scrambling to get an inside track in the current fluid situation. It does not require paranoia about imperialist geopolitics to take note of the fact that the two major military interventions in the Arab world within the last decade were both situated in significant oil producing countries whose leadership rejected integration into a world order in which global energy policy was under the firm control of the market interests of international capital. And, oh yes, the other likely target of major Western military action is Iran, and it too ‘happens’ to be a major oil producer. Let us recall that the UN failed to respond in oil-free Rwanda in 1994 when a small expansion of a peacekeeping presence already in the country might have saved hundred of thousands from an unfolding genocidal onslaught. In the realm of world politics, it may be worth observing, coincidences rarely happen.

 

There are also significant unresolved issues associated with the precedent set by the UN in authorizing a limited protective intervention that when acted upon ignored the guidelines set forth by the drafters of the Security Council resolution. The actual scope and ill-disguised purpose of the intervention shortly after it became an operational reality in Libya was to tip the balance in a civil war and achieve regime change. Such goals were never acknowledged by the pro-intervening governments in the course of the extensive and sharp Security Council debate, and had they been, it is almost certain that two permanent members, China and Russia, given their reluctance to approve of any use of force in the Libyan situation, would have blocked UN action by casting a veto. The UN is confronted by a dilemma. Either it refuses to succumb to geopolitical pressures as was the case when it withheld approval from the United States plan to attack Iraq in 2003, and steps aside while a so-called ‘coalition of the willing’ is hastily formed to carry out an attack, or they grant some kind of limited authority that is cynically overridden by the far more expansive goals of the intervening governments as has been the case in Libya. Either way respect for the authority of the UN is eroded, and the historical agency of geopolitics is confirmed.

 

In the Libyan case, the evaluation of the UN role is likely to depend on what happens in the country during the weeks and months ahead. If a humane and orderly transition takes place in the country, and national resources are used to benefit the people of Libya and not foreign economic interests, the intervention will be effectively marketed as a victory for humane governance and a demonstration that the international community can engage in humanitarian intervention in an effective and principled manner. If the country descends into chaos as the Libyan victors fight among themselves for the political and economic spoils or take revenge on those associated with the Qaddafi regime, the intervention will be retrospectively discredited. This will happen also if the country becomes one more neoliberal fiefdom in which the majority of the population struggles to subsist while tiny elites sitting in Tripoli and Benghazi collaborate with foreign financial and corporate interests while skimming billions off the top for themselves.

 

This assessment of the intervention as a precedent is based on considering only its consequences. As such, it does not take into account the importance of maintaining as a matter of principle, the integrity of UN authorizations of military force both in relation to the UN Charter and with respect to confining the military undertaking to the strict limits of what was authorized. I will consider in a companion essay this issue of sustaining constitutionalism and the rule of law when the Security Council authorizes military action.

 

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The Tet Offensive in the Rear View Mirror of the Afghanistan War: Disengaging from Problematic Interventions

24 Aug

Prefatory Note: A few days ago I published an earlier version of this article in Al Jazeera English, but have revised it to take account of the developments in Libya of the last several days, as well as some comments about the criminality of prior Taliban rule in Afghanistan. The essential points remain that foreign military intervention, even with a UN mandate, is costly, unclear in its impact on human rights, and likely to interfere with political dynamics governed by the play of internal forces and the logic of national self-determination.

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On January 31, 1968 the combined forces of North Vietnam (DRV or Democratic Force of Vietnam) and the NLF (National Liberation Front) launched a spectacular series of attacks throughout the contested territory of South Vietnam. As many as 100 Vietnamese cities and towns were simultaneously attacked, 36 of 44 provincial capitals were captured, and the once impregnable American Embassy complex in Saigon was penetrated and several guards killed. These attacks were all repelled in a few days, with the Vietnamese taking huge losses, 37,500 estimated deaths, which came on top of 90,000 lost soldiers in the preceding months. The American commander, General Westmoreland, had confidently predicted prior to the Tet Offensive that the NLF would never be able to replace such losses, and victory for the United States in the Vietnam War was near at hand.

 

            During the Tet Offensive the American losses were announced as 2,500. This ratio of comparative deaths, and the fact that the DRV/NLF could not maintain their presence in any of the urban areas that they briefly controlled, led Westmoreland and counterinsurgency experts to claim a military victory for the American side. Add to this the evidence that the Vietnamese objective of these coordinated attacks on the points of Saigon’s governmental control in Vietnam was not primarily to kill or even to seize control of the country but to inspire popular uprisings by the people of Vietnam, and these hopes of Hanoi never materialized anywhere in the country.  This ‘defeat’ was acknowledged by the DRV commander General Tran Do who confirmed that the purpose of the Tet Offensive had been to stimulate a spontaneous uprising among the Vietnamese population against the continuing American military occupation of their country. This convergent perception of the Tet Offensive by both sides seemed authoritative, and yet, and this is my point, yet it proved to be politically irrelevant. General Do’s words uttered after the fact emphasize the secondary objective of the Tet Offensive: “In all honesty, we didn’t achieve our main objective, which was to spur uprisings throughout the South. Still, we inflicted heavy casualties on the Americans, and their puppets, and this was a big gain for us.”

 

            But what made these American casualties so important was not the loss of life. What made these death so deeply disturbing was their unsettling impact on both backers and opponents of the war in Washington, the backers because their belief that victory was at hand was shattered and the critics because the lies emanating from Washington had been finally exposed. If General Westmoreland was not deceived or lying the American casualties sustained during the Tet Offensive could not have happened given the supposed decimation of the Vietnamese enemy. If these expectations of an imminent victory had not been discredited by the Tet Offensive, the dramatic event would have been coolly diagnosed as a desperate lost gamble by the Vietnamese, and rather than turning attention to an exit strategy would have led to an intensified effort to achieve total victory on behalf of the Vietnamese regime in Saigon that had welcomed the American intervention.

           It was the shock effect on the American mood about the war that transformed the Tet Offensive into a big victory for the Vietnamese regardless of what their intentions for the mission had been or the unacceptable level of losses sustained.  The scale, scope, and surprise of the Tet Offensive had an immediate traumatic impact on American public opinion and related Congressional support for continuing the Vietnam War. The Vietnamese military leadership was also slow to appreciate the real importance of Tet. As General Do put it,  “As for making an impact in the United States, it had not been our intention—but it turned out to be a fortunate result.” The Tet Offensive was interpreted by all sectors of opinion on the war as opening a ‘credibility gap’ between the government and the citizenry. This gap consisted of the space separating the excessively optimistic assessments relied upon by the White House to quiet opposition to a growingly unpopular war from the reassurances being given to the increasingly restive backers of the war. The Tet Offensive conclusively demonstrated to the vast majority of the American people that the prior claim by Washington that the Vietnamese adversary was abjectly knocking on the door of defeat, on the verge of surrender or collapse, was far removed from the truth. The Tet Offensive had such an unsettling effect on the American body politic that the incumbent president and assumed candidate for reelection in 1968, Lyndon Johnson, acknowledging his failure to achieve victory in the Vietnam War abruptly withdrew from the presidential race, declared a pause in the bombing of North Vietnam allegedly to give diplomacy a chance to end the war through negotiations, and firmly rejected a request from U.S. commanders in Vietnam for a troop surge.

 

          It is true the war dragged on for several more years with heavy casualties on both sides, but the Tet Offensive radically altered the American goal from ‘victory’ to ‘peace with honor,’ that is, ‘defeat in disguise.’ At the time Henry Kissinger, the foreign policy architect of the Nixon presidency, was only hoping for ‘a decent interval’ between the American withdrawal and the collapse of the client regime in Saigon. The subsequent Christmas bombing of Hanoi and the disastrous air attacks on the Cambodian countryside (that led directly to the Khmer Rouge genocidal takeover of the country) were part of the futile effort by the Nixon/Kissinger presidency to produce the token victory that they called ‘honor.’ Actually, when the war finally came to an end in 1975, the dominant image was of Vietnamese collaborators with the American intervention desperately seeking to escape from Vietnam by clamoring aboard a helicopter taking off from the roof of the U.S. embassy. Not honor but humiliation, chaos, and defeat became the end game for the United States in Vietnam, or put differently, the price paid with thousands of Vietnamese, Cambodian, and American lives to avoid wounding American pride and geopolitical standing was all in vain.

 

                To this day, counterinsurgency professionals in Washington think tanks and the Pentagon contend that the United States snatched defeat from the jaws of victory. This distorted reading of history partly explains why American policymakers have failed (and refused) to learn the defining lesson of the Vietnam War: the virtual impossibility in the early 21st century of turning military superiority on the battlefield enjoyed by an intervening party into a favorable political outcome against an adversary that effectively occupies the commanding heights of national self-determination. That is in this century the symbols of legitimacy count in the end for more than drone technology and the weaponry of destruction. This American and NATO learning disability has led directly to embarking upon subsequent legally and strategically problematic interventions, especially in the period since the 9/11 attacks of a decade ago: Afghanistan, Iraq, and Libya. Military superiority succumbs over time to the strong historical tides of the last seven decades favoring the forces aligned with the politics of self-determination. Among other explanations for this conclusion that cuts against the grain of political realism is this:  the intervening side gets tired of an unresolved struggle long before fatigue sets in for the side defending national territory. An Afghan aphorism expresses this insight: “You’ve got the watches, we’ve got the time.” Since 1945 nationalist endurance consistently outlasts and outwits geopolitical endurance, and by so doing eventually offsets the asymmetries of military capabilities.

 

          But my reason for recalling the Tet Offensive is less about this primary feature of conflict in our time, especially in the setting of what Mary Kaldor has usefully called ‘new wars,’ than it is to comment upon contradictory perceptions of victory and defeat. These conflicts tend to be resolved on political battlefields far from sites of military violence, although each struggle has its own story to narrate. What seems to count most in the end is a decisive shift in political perceptions on the home front of the intervening side.  Neither the successful response to the attacks in terms of casualties or restored control of the cities in South Vietnam, nor the failure of the attacks to be followed by popular uprisings by the Vietnamese people mattered so far as the historical significance of the Tet Offensive is concerned. It was also not relevant that the military appraisal made by both sides was wrong, although the Vietnamese side was less wrong as the spike in American casualties added strongly influenced the political reassessments of the conflict by the White House and caused widespread consternation among the American people that increased pressures to withdraw from the war.

 

              This recall of the Tet Offensive is not meant to be an exercise in historical memory or even in the differences between how the military thinks and how the political process in a liberal democracy works.  It is rather a frustrated commentary on the increasingly absurd refusal of the Obama presidency to acknowledge the American failure to defeat the Taliban and put the governmental structure in Kabul under pro-Western secular custody, the role confidently assigned years ago to Hamid Karzai.  As with Vietnam, the American public is continually being told by the military commanders and political leaders about how well things are going, and even when unexpected setbacks do take place, these are quickly dismissed as ‘one-off’ incidents that should not become occasions for reappraisal. There was a recent disappointment in some liberal establishment circles within the United States that were growing skeptical about continuing the intervention in Afghanistan when the execution of Osama Bin Laden in May was not followed by a credible and liberating claim from Washington of ‘mission accomplished,’ which would have positively reclaimed the notorious miscalculation by George W. Bush in the early months of the Iraq War. Such a claim would have played well throughout the American heartland, and probably given Obama a clear path to an electoral victory in 2012. Public opinion according to recent polls would applaud an accelerated withdrawal of NATO forces from Afghanistan: 59% of Americans would like to see all American troops taken out of Afghanistan immediately or within a year, while only 22% believe that the United States has sufficiently defined goals to make the war worthy of American military engagement.

                The American people have become generally opposed to foreign military intervention, although this attitude could quickly be reversed in the event that foreign extremists were able to inflict major damage on perceived American interests. According to Newsmax, August 11, 2011, only 24% of Americans support the U.S. military role in Libya, and 75% believe that the United States should not engage in overseas military action “unless the cause is vital to our national security.” It is obvious that for most Americans Libya was never seen as ‘vital,’ and the justification relied upon by the White House did not even pretend that ‘security’ was the rationale for military intervention, but invoked ‘humanitarism,’ which never qualifies in political arenas as a cause worth dying for. Of course, leaders will always argue that an intervention undertaken is vital, and could hardly do less, considering that lives of their citizens are put at risk. But what these poll results show is the common sense currently displayed by American public opinion: reject humanitarianism as an adequate basis for war making along with distrust of the post-facto security arguments put forth by elected leaders; healthy doubts about the self-serving claims of the military to be closing in on victory if only the public is patient and the leaders dispatch more troops. But such wars go on and on, however dysfunctional, the bodies pile up, and the political opposition is disregarded, and this despite what would have hoped was the cautionary influence exerted by the realization that the American empire teeters on the edge of financial disaster.

              True, after months of NATO bombing the anti-Qaddafi movement seems on the verge of victory. As with Kosovo in 1999, the Libyans seem overwhelmingly opposed to Qaddafi dictatorial rule and solicited the intervention. In these circumstances military intervention can succeed, but at a high price in terms of devastation and civilian collateral damage, especially in a casualty-safe war carried on from the air. Yet the outcome yet make clear, as the respected foreign policy expert on the UN and the Arab World Phyllis Bennis reminds us, whether it will be the Libyan people or the oil companies and NATO that benefit from the war and the destruction of the Qaddafi regime. We do already know, or at least should realize, that the whole NATO operation sets a bad precedent for the UN. Its authorization of the use of force back in March 2011 in Security Council Resolution 1973 was framed in terms of protecting civilians in imminent danger of massacre, but the NATO operation was carried out in such a manner as to achieve regime change by tipping the balance in what became an all out civil war. In this respect that guidelines in 1973 were so vague and loose as to be worthless or NATO exceeded the authority granted, despite the language of ‘all  necessary measures,’ and there was no effort to contain the military operations within the intended scope of 1973. In this latter regard, the five abstaining states (China, Russia, India, Brazil, and Germany ) are derelict in their failure to insist on adherence to the guidelines associated with civilian protection, which certainly did not extend to bombing the personal compound of Qaddafi or the state TV facilities.

              Several observations follow. During the Vietnam Era public opinion counted for more when the government was making its political calculations about continuing an unpopular war. Unquestionably, there has been a decline in democratic accountability in the United States with respect to war/peace issues. In part, this reflected the presence of a robust peace movement during the Vietnam War, which in turn arose as an angry response to the military draft that threatened the wellbeing of middle class America. Now there is no draft, the war is fought with professional soldiers, drones, and private contracting firms. Furthermore, the weaponry and tactics are designed to minimize American casualties relative to the destruction inflicted. Unfortunately, the lessons learned from a decade of warfare in Vietnam were not about whether to intervene in new wars but how. It may be that in place of international law and political prudence, both of which should rationally discourage interventions at odds with the logic of self-determination, the new source of restraint will derive from fiscal pressures to reduce defense spending. So far the militarist consensus in Washington has largely exempted the bloated U.S. defense budget from the knives of the cost cutters, who openly advocate socially regressive cost-cutting while calling for increases in defense spending. Even the more socially sensitive Obama democrats have largely continued to acquiesce in this willingness to treat the defense budget as non-discretionary, as well as proudly claiming to have increased military assistance to Israel. 

              When an American helicopter was shot down on August 6th, the 66th anniversary of the Hiroshima bombing, and all 30 persons aboard were killed, including 22 members of the Navy Seals Elite Unit, I hoped that this would administer a Tet-like shock. The Obama administration could have used the occasion to say that it was time to bring American troops home and end involvement in the struggle over the political future of Afghanistan. It is common knowledge by now that the Afghanistan War is being fought against the nationalist Taliban and on behalf of a corrupted and incompetent Kabul regime for the political control of the country. It should be understood that the prior period of Taliban rule exhibited fundamentalist rule in an unusually violent and harsh form that exposed the Afghan population to massacres and crimes against humanity. Whether today’s Taliban, a less centralized organization would repeat its crimes of the past unknown in advance, and does lead to reasonable disagreement about the best course of action, which seems to be the choice of what seems to be ‘the least worst option’ at the moment.

             The unresolved conflict in Afghanistan is a clear and complex instance of the sort of ‘new war’ that will not be decided once and for all on the battlefield by soldiers and weapons or through the anachronistic agency of foreign intervention. The strategic justifications advanced to justify the war—preventing a future sanctuary for a reconstituted Al Qaeda and avoiding the takeover of Pakistan by extremists– seem highly questionable. It is more plausible to promote such security goals by closing out a military intervention that fans the flames of anti-Americanism, gives extremism a good name in Pakistan, and exhibits once again the impotence of American imposed military solutions.

 

Such an analysis yields a single moral, legal, and prudential imperative: when foreign intervention is losing out to determined national resistance, leave the country quickly, stop the killing immediately, and declare victory with pomp and circumstance or leave in dignified silence acknowledging the uncertainties surrounding the future, especially as to whether the Afghans on their own can work out accommodations and whether the Taliban this time round is ready to compromise and is less dogmatic in its understanding of Islamic governance. At this stage of the conflict in Afghanistan these are the only outcomes within reach for the United States. Moving toward their embrace might also help avoid such misadventures in the future. This would require replacing the palace guard in Washington that has been calling the shots in American foreign policy for many years. I admit that a Beltway realist reading these musings would likely respond: “Dream on!” And that is the problem!

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Syria: Geopolitical Mentoring versus Rehab for Addicted Geopolitical Leaders

19 Aug


             On August 18th President Barack Obama rendered judgment and gave guidance. While affirming that “[t]he future of Syria must be determined by its own people” he added these words, “Bashar al-Assad is standing in their way.” And so comes the conclusion: “For the sake of the Syrian people, the time has come for President Assad to step aside.” This American leader’s advice was orchestrated to coincide with the release of a joint statement along similar lines by the leaders of Germany, France, and Britain, the three most important countries in Europe, that instructed President Assad to “leave power in the greater interests of Syria and the unity of its people.”

 

            More than advice was being offered. Sanctions against Syria were imposed and tightened involving energy imports, business connections, and weapons. Other countries were urged to stop their support for the Syrian regime, and “get on the right side of history.” Such words seemed appropriate given the violent behavior of the regime toward its people, except that the source of this utterance was the American Secretary of State, Hilary Clinton, who herself might well have been the recipient of the same message, refusing heeding this prudent admonition in the course of conducting American foreign policy during the Obama presidency.

 

            The Republicans, always quick to seize any opportunity for a partisan snipe, attacked Obama for waiting so long before telling the Syrian leader to get out of his home town. With a perfect ear for geopolitical mentoring, the leading Republican presidential hopeful, Mitt Romney, was clear in his portrayal of the proper American role: “America must show leadership on the world stage and work to move these developing countries toward modernity.” Of course, decoding ‘modernity’ suggests the United States model of government and economy: be like us and you will be modern, and successful.

Not a message likely to get a favorable hearing in Pakistan or most anywhere in the South, but maybe such ‘modernity’ is what the people of Alabama and Arizona desire.

 

            But it was not only Republicans that had this idea that the United States offers the world the best model of humane and legitimate governance. Hilary Clinton made clear that governments sharing American values should join together in opposing the Syrian regime through the use of what she called “‘smart power,’ where it is not just brute force, it is not just unilateralism,” but rather it is behavior shaped by shared commitments to “universal freedom, human rights, democracy, everything we have stood for and pioneered over 235.” Clinton seems to be proposing what was previously called ‘a coalition of the willing’ in relation to the wars fought over Kosovo in 1999 and Iraq since 2003.  But what makes these sentiments worthy of comment is their seeming unawareness of how starkly they contradict the America record throughout those 235 years. And, of course, it is not only a matter of bad history as the ongoing interventions in Afghanistan, Iraq, and Libya are pretty much displays of brute force and, if not unilateralism, then at least West-centric interventions that sought to superimpose a West-oriented secular governing process onto the internal workings of the politics of self-determination.

 

            President Obama’s guidance on Syria is equally suspect, although less blatantly so. What does it mean to tell the established leadership in Damascus to step aside while affirming the role of the Syrian people in shaping their own future? Such inescapable incoherence must be hiding something deeper!

 

            This theatrical exhibition that I am describing as ‘geopolitical mentoring’ seems both regrettable and discrediting. To begin with, the words and ideas relied upon by Obama and Clinton seems to emanate directly from the good old days of undisguised colonialism. The language chosen suggests a kind of ideological regression that is forgetful of the very flow of history that Secretary Clinton was keen to invoke by way of discouraging such countries as Russia, China, India, and Iran from maintaining normal relations with the Damascus regime. What this self-righteous posturing discloses is the familiar imperial trait of talking endlessly about what others should do but never listening to what others tell us to do. A half century ago Adlai Stevenson made a similar observation when he quipped, “the item of technology that America most needs is a hearing aid.” Without genuine listening there is no learning. This is the price being paid by all of us for this self-entrapment of the imperial mind.

 

            But there is also the unwillingness to address global problems in a more plausible and constructive manner. To be sure Obama/Clinton wish to rely on collaborative diplomacy, a contrast with the greater unilateralism of the Bush II presidency, so as to shed the image and avoid the costs of acting alone. But is this really the best that smart power can do in the 21st century?  If the NATO intervention in Libya is one instance of such multilateralism then it hardly brings hope or engenders support. What is needed is an institutional capability detached from the priorities of the geopolitical mentors, what I have previously called for in the form of a UN Emergency Disaster Relief and Atrocity Prevention Force (this is along the lines proposed in “UN Emergency Peace Force,” ed. Robert C. Johansen, published in New York City, 2006, on behalf of Global Action to Prevent War, Nuclear Age Peace Foundation, and the World Federalist Movement, http://www.responsibilitytoprotect.org/files/UNEPS_PUBLICATION.pdf; similar ideas also depicted by Citizens for Global Solutions in an instructive paper “UN Emergency Peace Service: One Step Towards Effective Genocide Convention,” http://globalsolutions.org/files)

 

            Getting back to geopolitical mentoring: it sounds condescending even if sincere in the context. It is relevant that none of the emerging geopolitical actors, including Brazil, China, and India have joined the American led choir, and told Assad to move on. Even Turkey that has leaned strongly on Assad in recent weeks to stop state violence, provide reforms, and abide by human rights has refrained from joining in the call for his removal from power. Instead of geopolitical mentoring, it is time for some kind of geopolitical rehab program that might allow the United States to grasp the character and full extent of its actual role in the world, which continues to be dominating by an addictive relationship to military solutions. Why else linger in Iraq and Afghanistan, why kill babies in Libya? There are better ways of exhibiting empathy for the victims of state violence and brutality!

 

            There is also the issue of double standards that constantly taints the moral core of American foreign policy. How can the silence about Israel’s oppressive occupation of the West Bank and East Jerusalem otherwise be explained or the unlawful collective punishment of the people of Gaza that have endured a harsh blockade that has persisted for more than four years be allowed to go on unchallenged? Or why the indulgence of Saudi Arabia’s systemic suppression of women?  The architects of grand strategy in Washington know that smart power in world politics has been and still is all about manipulating double standards. Given the words quoted above this means that our current political leaders are either not smart or they are merely running moral interference for the smart policymakers who remain faithful to an ethos of raison d’etat, which entails that law and morality be damned.

 

            I do not deny that state atrocities of the sort the world has been witnessing in Syria and Libya during recent months are unacceptable and should not be tolerated. Moral globalization is incompatible with viewing the boundaries of sovereign states as absolute or treating their leaders as situated beyond legal and moral standards of accountability. Yet, it is a sorry commentary on present global conditions if the best we can do is either mount an airborne military intervention that destroys much of what is to be saved or engage in self-satisfied exercises in geopolitical mentoring.

 

            Of course, the future should not be entrusted to the political leaders representing sovereign states. It is up to the peoples of the world to propose and demand better solutions for the unfolding global tragedies that are sidestepped by the egocentric behavioral goals of national governments. Populist complacency is part of what gives this geopolitical posturing a semblance of credibility in our post-colonial era. A benign human future, whether in relation to state/society relations and human rights or the abatement of climate change, depends ultimately on a struggle for peace and justice mounted by energized and dedicated transnational movements. Only a global populism of as yet unimaginable intensity and vision, can provide us with the possibility of a hopeful future that we earthlings need and desire. It is too soon to say whether the Arab Spring is this first glimmering of a Global Spring, or just another thwarted challenge to an exploitative and oppressive established order? 

VIII.19.2011          

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The Afghanistan War in the Mirror of the Tet Offensive: When ‘Defeat’ Became ‘Victory’

14 Aug


             On January 31, 1968 the combined forces of North Vietnam (DRV or Democratic Force of Vietnam) and the NLF (National Liberation Front) launched a spectacular series of attacks throughout the contested territory of all of South Vietnam. As many as 100 Vietnamese cities and towns were simultaneously attacked, 36 of 44 provincial capitals were captured, and the impregnable American Embassy complex in Saigon was penetrated. These attacks were all repelled in a few days, with the Vietnamese taking huge losses, 37,500 estimated deaths, which came on top of 90,000 lost soldiers in the preceding months. The American commander, General Westmoreland, had confidently predicted prior to the Tet Offensive that the NLF would never be able to replace such losses, and victory for the United States in the Vietnam War was near at hand.

 

            During the Tet Offensive the American losses were announced as 2,500. This ratio of comparative deaths, and the fact that the DRV/NLF could not maintain their presence in any of the urban areas that they briefly controlled, led Westmoreland and counterinsurgency experts to claim a military victory for their side. Add to this the evidence that the purpose of these coordinated attacks on the points of governmental control in Vietnan was not to kill or even to seize control of the country but to inspire popular uprisings, and these never materialized.  This was acknowledged by the DRV commander General Tran Do who affirmed that the purpose of the Tet Offensive was to stimulate a spontaneous uprising among the Vietnamese population against the American military occupation of the country. This perception of defeat by both sides seemed authoritative, and yet, and this is the point, irrelevant. In General Do’s words at the time: “In all honesty, we didn’t achieve our main objective, which was to spur uprisings throughout the South. Still, we inflicted heavy casualties on the Americans, and their puppets, and this was a big gain for us.”

 

            But far more consequential than the American casualties that was certainly upsetting to backers of the war in Washington, was the traumatic impact of the Tet Offensive on American public opinion and related Congressional support for continuing the Vietnam War. This impact was also foreign to the military imagination of the Vietnamese at the time. As General Do put it,  “As for making an impact in the United States, it had not been our intention—but it turned out to be a fortunate result.” Exposed by the Tet Offensive was what was called at the time ‘the credibility gap,’ the space between the optimistic assessments by the White House that the war was being won, and the realities of the conflict.  The Tet Offensive was understood at the time throughout the United States as a massive refutation of the claim that the Vietnamese adversary was knocking at the door of defeat, on the verge of surrender or collapse. As a result of the Tet Offensive, Lyndon Johnson decided to withdraw from the presidential race for his reelection in 1968, declared a pause in the bombing of North Vietnam to give diplomacy a chance, and rejected a request from Saigon for additional American troops.

 

It is true the war dragged on for several more years with heavy casualties on both sides, but the Tet Offensive changed the American goal from ‘victory’ to ‘peace with honor,’ that is, ‘defeat in disguise.’ The subsequent Christmas bombing of the North and the disastrous invasion of Cambodia in 1970 were part of the bloody effort during the Nixon/Kissinger period of American leadership to produce ‘honor.’ Actually, when the war finally came to an abrupt end in 1975, the dominant image at the time being that of Vietnamese collaborators with the American intervention desperately seeking to escape from Vietnam by clamoring aboard a helicopter taking off from the roof of the embassy. Not honor but humiliation, chaos, and defeat became the end game for the United States in Vietnam, or put differently, the price paid with lives and devastation to achieve what was called ‘a decent interval’ between the American departure and the collapse of the client regime in Saigon.

 

To this day, counterinsurgency insiders contend that the United States snatched defeat from the jaws of victory, and this conviction has partly explained why American policymakers have failed (or refused) to learn the defining lesson of Vietnam: the virtual impossibility in the early 21st century  of turning military superiority on the battlefield enjoyed by the intervening side into a favorable political outcome against an adversary that occupies the commanding heights of national self-determination. This learning disability has led directly to subsequent failed efforts, especially in the aftermath of the 9/11 attacks: Afghanistan, Iraq, and Libya. Military superiority succumbs over time to the strong historical tides of the last seven decades favoring the logic of self-determination. Among other explanations for this conclusion that cuts against the grain of political realism if this:  the intervening side gets tired of a unresolved struggle if it last more than a few years. As the Afghan saying goes: “You’ve got the watches, we’ve got the time.” Nationalist endurance is far stronger than is geopolitical endurance, and this acts as an equalizer with respect to the asymmetries of military capabilities.

 

But my reason for recalling the Tet Offensive is less about this primary feature of conflict in our time, especially in the setting of what Mary Kaldor has usefully called ‘new wars,’ than it is to comment upon contradictory perceptions of victory. These conflicts tend to be resolved on political battlefield far from the sites of military struggle, although each in its own way. What seems to count most in the end is a decisive shift in political perceptions on the home front of the intervening side.  Neither the successful response to the attacks in terms of casualties or restored control of the cities in South Vietnam, nor the failure of the attacks to be followed by popular uprisings mattered in the end so far as the historical significance of the Tet Offensive is concerned. It hardly mattered that the military appraisal made by both sides was wrong, although the Vietnamese side was less wrong as the spike in American casualties added considerable weight to the political reassessments of the conflict by the White House and aroused much anger among the American people.

 

This recollection is not meant to be an exercise in historical memory or even in the differences between how the military thinks and how the political process in a liberal democracy works.  It is more an expression of frustration about the unwillingness of the Obama presidency to acknowledge the failure of the mission to achieve its goals in Afghanistan.  As with Vietnam, the public is continually told by the military commanders about how well things are going, and even when unexpected setbacks take place, these are discounted as ‘one-off’ incidents that should not be allowed to become occasions for reappraisal. There was recent disappointment in some circles within the United States that were skeptical about continuing the intervention in Afghanistan when the execution of Osama Bin Laden was not followed by a credible and liberating claim from Washington of ‘mission accomplished,’ an ironic recourse to the Bush miscalculation in the early months of the Iraq War. Such a claim would have played well throughout the American heartland, and probably given Obama a clear path to reelection in 2012. Public opinion according to recent polls reinforces such an interpretation: 59% of Americans would like to see all American troops taken out of Afghanistan immediately or within a year, while only 22% believe that the United States has sufficiently defined goals to make the war worthy of American military engagement.

 

This same skepticism among Americans about foreign military intervention now applies more generally, although it could shift quickly if a foreign source of terrorism was able to inflict major damage on perceived American interests. According to Newsmax, August 11, 2011, only 24% of Americans support the U.S. military role in Libya, and 75% believe that the United States should not engage in overseas military action “unless the cause is vital to our national security.” It is obvious that the Libya does not qualify as ‘vital,’ and the justification relied upon did not even pretend that ‘security’ was the rationale for military intervention, but invoked ‘humanitarism.’ Of course, leaders will always argue that an intervention undertaken is vital, and could hardly do less, considering that lives of citizens are put at risk. But what these poll results show is the relative wisdom of the unacknowledged force of public opinion: reject of humanitarianism as an adequate basis for warmaking and disbelief in the post-facto security arguments put forth by elected leaders; healthy doubts about the self-serving claims of the military to be on the verge of victory. But such wars go on, however dysfunctional, the bodies pile up, and the political opposition is disregarded, and this despite the American empire teetering on the edge of financial disaster.

 

Several observations follow. During the Vietnam Era public opinion counted for more when the government was making its political calculations about continuing an unpopular war. Unquestionably, there has been a decline in democratic accountability in the United States with respect to war/peace issues. In part, this reflected the presence of a robust peace movement during the Vietnam War, which in turn arose as a response to  the military draft that touched the lives of middle class America. Now there is no draft, the war is fought with drones and private contracting firms. Furthermore, the weaponry and tactics are designed to minimize American casualties relative to the destruction inflicted. Unfortunately, the lessons learned from a decade of warfare in Vietnam were not about whether to intervene in new wars but how. It may be that in place of international law and political prudence, both of which should rationally discourage intervention contra the political weight of self-determination, the new source of restraint will derive from fiscal pressures to reduce defense spending. So far the militarist consensus in Washington has largely exempted the bloated U.S. defense budget from the knives of the cost cutters, who while besides being social reactionaries are military hawks. Even the more socially sensitive Obama democrats have largely continued to acquiesce in this willingness to treat defense spending as non-discretionary, as well as sustaining Israeli militarism with enhanced annual subsidies.

 

I had hoped that the helicopter incident on August 6th, the 66th anniversary of the Hiroshima bombing, in which 30 persons died, including members of the Navy Seals Elite Unit, would provide the excuse the Obama administration should have been waiting for to say finally that it was time to bring American troops home and end involvement in the struggle over the future of Afghanistan. It is common knowledge by now that the Afghanistan War is being fought against the nationalism Taliban and on behalf of a corrupted and incompetent Kabul regime for the political control of the country. This is a clear instance of a new war that will not be decided once and for all on the battlefield by soldiers and weapons or through the anachronistic agency of foreign intervention. The strategic justifications for the war in relation to a future sanctuary for a reconstituted Al Qaeda or in relation to the destabilization of Pakistan are extremely speculative, and seem more intelligently addressed by withdrawal from a military engagement that fans the flames of anti-Americanism, gives extremism a good name, and manifests the impotence of American imposed military solutions.

 

It adds up to a single moral, legal, and prudential imperative: when in doubt, stop the killing and the dying!

 

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Can Humanitarian Intervention ever be Humanitarian?

4 Aug


             Not since the debate about the Kosovo War of 1999 has there been such widespread discussion of humanitarian intervention, including the semantics of coupling ‘humanitarian’ with the word ‘intervention.’ At one extreme of this debate about language stands Gareth Evans, former Foreign Minister of Australia, who is a staunch advocate of displacing the discourse on ‘humanitarian intervention’ by relying on concept of ‘responsibility to protect’ (known as R2P). Evans was, in fact, co-chair of the International Commission on Intervention and State Sovereignty that came up a decade ago with the idea of R2P. This approach to intervention was skillfully marketed it to the international community, including the United Nations. Arguing the conceptual case for R2P, Evans writes, “[b]y changing the focus from the ‘right’ to ‘responsibility,’ and from ‘intervene’ to ‘protect,’ by making clear that there needed to be at much attention paid to prevention as to reaction and non-coercive measures, and by emphasizing that military coercion—which needed to be mandated by the UN Security Council—was an absolute last resort in civilian protection cases.’ [Evans, “Humanitarian intervention is only justified when…” Global Brief, Summer 2011, 60.]

 

Insisting that the coercive actions in the Ivory Coast and Libya show the benefits of this approach, as contrasted with the supposed failures of the 1990s to take action in Rwanda, Bosnia, and Kosovo, Evans feels so vindicated by recent events as to make the following plea: “So let us please lay ‘humanitarian intervention’ language to rest once and for all.” This raises three questions: should we? will we? does it really matter? My answer to the first two is ‘no,’ and to the third, ‘not much.’ My basic problem with the R2P approach is that it downplays the role of geopolitics in the diplomacy of both decisions to intervene and to not intervene. By hiding this fundamental element in the decision process behind a screen of moralizing language talking of R2P rather than humanitarian intervention invites misunderstanding, as well as encourages imperial ambitions. 

 

            At the other semantic extreme is Michael Walzer, who writing in Foreign Affairs, insists that the idea of humanitarianism has become a central feature of world politics in the early 21st century. He starts his article with some hyperbolic language to this effect: “Humanitarianism is probably the most important ‘ism’ in the world today, given the collapse of communism, the discrediting of neoliberalism, and general distrust of large-scale ideologies.” [“On Humanitarianism,” Foreign Affairs 90(No.4): 69-80.] I find such a sentiment to be so exaggerated as to defy reasoned discussion. One wonders has how such an incredible sentence escaped the scrutiny of the eagle-eyed editors of Foreign Affairs. Walzer appears to be suggesting that humanitarianism now eclipses realism and nationalism as an influential global force in the world of ideas and statecraft, which is not only farfetched and wrong, but especially surprising considering that Walzer is without question one of the world’s most respected and influential thinkers on the ethical dimensions of relations among sovereign states. His overall effort in the article is to demonstrate that this humanitarian impulse is a matter of duty for governments, and should not be treated as a species of charity, a potentially valuable distinction that becomes clear when he comes to discuss humanitarian intervention without even mentioning the R2P approach, presumably because it obscures rather than illuminates the underlying issues of choice.

 

            Walzer looks behind the semantics of intervention to appraise the responses to situations where populations are genuinely at risk. He faults the UN Security Council as having a dismal record in the past due to its failures “to rescue those in need of rescuing,” giving Rwanda  and Bosnia as examples. Walzer goes on to conclude that the “UN Security Council rarely acts effectively in crises, not only because of the veto power of its leading members but also because its members do not a strong sense of responsibility for global security, for the survival of minority peoples, for public health and environmental safety, or for general well-being. They pursue their own national interests while the world burns.” [75] This passage sounds to me like an old-fashioned reaffirmation, after all, of realism and nationalism, and is far more descriptively credible than Walzer’s assertion that humanitarianism is the recently emergent dominant ideology.

 

            Coming to specifics, Walzer understandably turns his attention to Libya

as having generated a new debate about humanitarian intervention. He summarily dismisses leftist suspicions about Western recourse to hard power solutions to international conflict situations, but also acknowledges that this NATO intervention does not seem to be succeeding in making good on its initial humanitarian claim. Nevertheless, he gives the intervenors a surprising clean bill of health as far as their intentions are concerned: “Their motives were and are humanitarian, but not sufficiently shaped by considerations of prudence and justice.” [77] Walzer is alive to the complexity of international political life that makes him skeptical about endorsing generalized solutions to such general problems as what to do about a menaced civilian population.  Instead he advocates a situational approach to gross civilian vulnerability. He argues that any state can serve as a humanitarian agent even without necessarily receiving permission from the international community for a use of non-defensive force. In Walzer’s words, “[t]here is no established procedure that will tell us the proper name of the agent.” He gives approval to several non-Western examples of humanitarian intervention: Vietnam in 1978 contra the Khmer Rouge in Cambodia, India in 1971 contra Pakistan in what was then East Pakistan and is now Bangladesh, and Tanzania in 1979 contra the bloody tyranny of Idi Amin in Uganda. These uses of force are endorsed as serving humanitarian ends even though they failed to receive any mandate to act from the Security Council and although in each instance, despite rescuing a vulnerable population, the predominant motivation to intervene seemed clearly non-humanitarian in character. In contrast, Walzer pushing to the outer limit his central thesis as to the rise of  humanitarian diplomacy writes “In these circumstances, decisions about intervention and aid will often have to be made unilaterally…The governing principle is, Whoever can, should,” [79] which is the second extraordinary statement made in his article.

 

Such a volitional framework governing interventionary initiatives negates, without even an explanatory comment, the essential effort of contemporary international law to prohibit all international uses of force that are neither instances of self-defense (as defined by the UN Charter in Article 51) nor authorized by the UN Security Council. In this respect, Walzer seems to be endorsing a kind of ethical anarchism as the best available means for achieving global justice in these situations. At this point he veers back to his confidence in the purity of geopolitical motives by contending that ‘what drives’ these uses of force “is not only humanitarian benevolence but also a strong sense of what justice requires.” [79] This is written as if imperial ambitions even if packaged as ‘grand strategy’ should not be a concern. What about the protection of vulnerable states that are victimized by geopolitical maneuvers associated with resources, markets, and congenial ideology? It might be well to recall that it was a notorious tactic of Hitler’s expansionist foreign policy to intervene or threaten to do so for the sake of protecting German minorities being allegedly abused in neighboring countries.

 

            Returning to a comparison of perspectives, Evans sets forth a series of guidelines that he believes will make it more likely that uses of force in these interventionary settings will be respectful of international law while at the same time recognizing the sensitivities in the post-colonial world about giving approval to military encroachments upon sovereign space, which are invariably of a North/South character if acted upon by the United Nations, that is, the North as agent of intervention, the South as the site where force is used. His five criteria are law-oriented, and deferential to the authority vested in the Security Council: (1) seriousness of the risk; (2) purposeful and discriminate use of force to end threat of harm; (3) force as a last resort; (4) proportionality of military means authorized with respect to the humanitarian goals of the mission; (5) the likely benefit of the contemplated use of force for those being protected. Since Evans, unlike Walzer’s willingness to live with unilateralism, seeks a consensual foundation for such uses of force, he insists that the final mandate for an R2P operation must be shaped within the five-part framework set forth and based on a formal Security Council authorization. Walzer argues more opportunistically, geopolitically naively, that states should be empowered to act even without proper authorization if they have the will and means to do so. His examples  of humanitarian interventions by non-Western states (Vietnam, India, Tanzania)were all neighbors of the target state, and at the time contested to varying degrees due to the play of geopolitical forces, not as a reflection of different levels of humanitarian urgency. In this regard, the strongest humanitarian argument was undoubtedly present in support of the Vietnam intervention in Cambodia to stop a massive genocide, but also the most controversial as it contravened the American policy at the time of placating China so as to increase pressure on the Soviet Union.  Acting under the umbrella of R2P is most likely to generate intense controversy when the United States acts with or without European backing (Iraq, Afghanistan, Kosovo, Libya), especially if the humanitarian claim seems marginal or as a cloak hiding strategic and imperial goals. Only in the Libyan debate did R2P figure prominently, and maybe led several of the members of the Security Council, including China and Russia, to abstain rather than to vote against SC Resolution that gave NATO the green light to commence its military campaign.

In this sense, Evans’ claims need to be taken seriously, but not because they represent a step forward, but rather because they weaken the overall effort of the UN and international law to minimize war and military options in international political life.

 

            What makes these discussions serious is their bearing on life and death issues for vulnerable peoples and their supposed benefactors. On the one side, Noam Chomsky is right to worry about ‘military humanism,’ which he depicts as the grand strategy of hegemonic political actors being cleverly disguised as global public works projects. In effect, humanitarianism is the pathetic fig leaf selected to hide the emperor’s nudity. Chomsky points to ‘double standards’ as proof positive that whatever the explanation given for a particular intervention by the United States or NATO, the claimed humanitarian motivation is window dressing, and not the primary consideration. He treats Western silence about decades of brutal Turkish suppression of the Kurdish movement for human rights as an illuminating example of geopolitical blinkering whenever it seems inconvenient to take action on behalf of a victimized minority. In my view, the most extreme instance of double standards involves the failure of the UN System or ‘a coalition of the willing’ to take any action protective of the Palestinian population enduring an oppressive occupation for more than forty-four years,

despite the direct UN and colonialist responsibility for the Palestinian ordeal.  

 

On the other side of this debate among progressives is Mary Kaldor who worries that without the intervention option dreadful atrocities would take place with even greater frequency. She supported intervention to protect the endangered Albanian population of Kosovo, fearing that otherwise the genocidal horrors of Bosnia would likely have been repeated, including even the risk of reenacting the grisly massacre of Srebrenica. At the same time, Kaldor was not indifferent to the risks of great power abuse, and tried, in the manner of Gareth Evan, to condition her endorsement of intervention with a framework of guidelines that if followed would make the restraints of international humanitarian law applicable and minimize the exploitative opportunities of intervening powers. This framework was embodied in the report of the Independent International Commission on Kosovo on which Kaldo was an influential member. That report also took account of the inability of the intervenors to win UN Security Council approval (in this instance, because of the expectation of Russian and Chinese vetoes). The report took the position that in situations of imminent humanitarian catastrophe it would be legitimate to intervene if the capabilities were available to exercise effective proportionate force, although unlawful given the UN Charter prohibition on all non-defensive claims to use force. It is, of course, not generally desirable to create exceptions to restraints that enjoy the status of fundamental rules of international law, but it can seem even more discrediting for the role of law in world affairs to be paralyzed in humanitarian emergencies by rigid rules and procedures that produce inaction, and expose vulnerable peoples to the ultimate abuse of genocide or severe crimes against humanity.

 

There is no right and wrong in such a debate. Both orientations are in touch with relevant realities, and there is no principled way to choose between such contradictory concerns beyond an assessment of risks, costs, and likely effects of intervention or inaction in each instance depending on its overall properties. Judgment here is necessarily operating in a domain of radical uncertainty, that is, nobody knows! This raises the crucial question, what to do when nobody knows? It is this unavoidable responsibility for a decision when the consequences are great and available knowledge is of only limited help that points to the difficulties of the human condition even putting to one side the distorting effects of greed, ambition, civilizational bias, and the maneuvers of geopolitics. The late great French philosophical presence, Jacque Derrida, explored this dilemma in many discourses that related freedom to responsibility, with some collateral damage to Enlightenment confidence in the role of reason in human affairs. For Derrida, making such decisions is an unavoidable ordeal that is embedded in what it means to be human, combining helplessness with urgency.

 

            I would suggest two lines of response. First, there are degrees of uncertainty, making some decisions more prudent and principled, although inevitably with the unclear contours with respect to envisioning outcomes given ‘the fog of war.’ In this regard everything is guesswork when it comes to composing a balance sheet of horrors. Still, it seems plausible to insist that Rwanda in 1994 was a lost opportunity spare many lives taken in a genocidal onslaught, a claim strengthened now and later by the preexisting presence of a UN peacekeeping force in the country, and the informed judgment of both the UN commander on the ground and many observers. General Roméo Dallaire indicated at the start of the crisis that 5,000 additional troops plus a protective mandate to act from the UN could have prevented most of the killings, estimated to be over 800,000. (Dallaire commanded the UN Assistance Mission for Rwanda; see also Linda Malvern, Conspiracy to Murder: The Rwandan Genocide, Verso, 1994.). From the perspective of prudence, the fate of minorities trapped in major states is almost always an unattractive option, although non-military initiatives of support and censure may have positive effects in some instances. It is unattractive because the costs would be high, the target state has major capabilities, the scale of an effective intervention would exceed the political will to protect a threatened minority, and most important, there would be a high risk of starting a general war.

 

The Libyan intervention in 2011 was falsely labeled and the mission authorized was light years away from the operational goals of the NATO operation. In effect, this amounts to a disguised form of an unlawful use of force, but coupled with a dereliction of duty on the part of the Security Council to ensure that the gap between its mandate and the actual operation was closed. Besides, those who are being protected, or more accurately, being helped in a struggle for control of the country, were a shadowy organization thrown together on the spot, lacking in cohesion, and almost from the outset having recourse to violence in a manner that violated the spirit and character of the inspiring Arab Spring popular movements in neighboring Tunisia and Egypt. At the same time, there was a humanitarian challenge, as the dictatorial leader, Col. Muammar Qaddafi, was delivering bloody rants and the civilian population, under siege in Benghazi, was definitely in a situation of imminent risk. Under these circumstances, a carefully delineated protective move under UN auspices could have been justified, but it would have depended on placing NATO troops in situations of potential danger. The kind of air campaign that has been waged by inflating and exceeding the actual UN mandate depicted in Security Council Resolution 1973 has been discrediting for UN peacekeeping and authority. It has been ineffectual in stopping the violence in Libya, and likely responsible for its spread. At the same time, so far the intervention has resulted in not a single NATO casualty (while causing a rather large number of Libyan civilian deaths). Whether the stalemate in the conflict will produce a negotiated compromise remains uncertain, but the shaping and execution of the intervention is suggestive of the inadequacy of either allowing the decisions and policies relating to humanitarian catastrophe to be made by governments on the basis of their own calculus or through reliance on a UN framework that is susceptible to major geopolitical manipulation.

 

There is a preferable, although imperfect, alternative that has been around for several years: the establishment of a UN Emergency Peace Force (UNEPF) capable of being activated through the joint authority of the Secretary-General and a super-majority of two-thirds of the membership of the UN Security Council in reaction to either a humanitarian catastrophe arising from political policies or conflict, or a natural disaster that exceeds the response capabilities of the national government. The UNEPF should ideally be funded through some kind of small global tax imposed on the sale of luxury goods, international travel, currency transactions in financial markets, or some combination. If this proves to be impractical, then voluntary contributions by non-permanent members of the UN Security Council would be acceptable. The whole idea would be, to the extent possible, to break the present links between ‘humanitarian interventions’ and geopolitics. The only means to do this would be through the creation of a maximally independent international agency for such undertakings that would engender confidence in its good faith and through its prudent tactics and effective operations. Unlike such delegated interventions as the Gulf War of 1991, the Kosovo War of 1999, and the Libyan War of 2011, UNEF would rely on tactics that were geared toward minimizing risks for a threatened population and would operate under the strict supervision of the mandating authorities while carrying out an interventionary or relief mission. UNEPF capabilities would be constructed from the ground up, with separate recruitment, training, doctrine, and command structure.

 

            This seems like such a sensible innovation for the benefit of humanity that it may seem puzzling why it has never gained significant political support from UN members, but it should not be. For decades global reformers have been advocating a UN tax (often named a ‘Tobin Tax’ after James Tobin, an Nobel economist who first floated such a proposal) and the kind of UNEPF recommended above (for instance, carefully outlined in a proposal developed by Robert Johansen in collaboration with other scholars, a prominent political scientist who has for years been associated with the Kroc Institute of International Peace Studies at Notre Dame). Such a practical solution to this daunting challenge is not on the table because it would weaken the leverage of geopolitical actors over the resolution of conflict situations. Reverting to the earlier discussion of Walzer, it is precisely because humanitarianism is marginal to the conduct of world politics that makes the UNEPF proposal seem utopian. In relation to Evans, geopolitical forces can accommodate his framework, which is probably well-intended, but provides intervening states with a rationalization for their desired uses of force without significantly interfering with the discretion to intervene and not to intervene. As the Libyan debate and decision confirms, geopolitics remains in control despite recourse to the framing of action by reference to R2P. If we want more principled and effective action in the future, it will require a great deal of pressure from global civil society in collaboration with middle powers, the sort of coalition that led to the surprising establishment of the International Criminal Court in 2002 over the opposition of such international stalwarts as the United States, China, Russia, and India.

 

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Warfare Without Limits: A Darkening Human Horizon

27 Jul


There are several pressures that push war in the direction of the absolute, and imperil the human future. Perhaps, the foremost of these is emergence, use, retention, and proliferation of nuclear weapons, as well as the development of biological and chemical weapons of mass destruction. Since Hiroshima and Nagasaki there have been several close calls involving heightened dangers of wars fought with nuclear weapons, especially associated with the Cold War rivalry, none more serious than the Cuban Missile Crisis of 1962. To entrust such weaponry to the vagaries of political leadership and the whims governmental institutions seems like a Mt. Everest of human folly, and yet the present challenges to nuclearism remain modest and marginal despite the collapse of the deterrence rationale that seemed plausible to many during the confrontation between the Soviet Union and the United States.

 

Underneath the tendency to develop for use whatever weapons and tactics that technology can provide is the fragmented political identities of a world divided into sovereign states. The inhabitants of these states of greatly varying size, capabilities, and vulnerabilities, have long been indoctrinated to view their own state through the idolatrous eyes of nationalism that view the extermination of the enemy as acceptable if necessary for national security or even desirable to satisfy national ambitions. The ideology of nationalism, nurturing the values of unquestioning patriotism, have led to an orientation that can be described as secular fundamentalism, vindicating militarist worldviews however dysfunctional given the risks and limits associated with gaining desired political ends by relying on military superiority. The crime of treason reinforces the absolutist claims of the secular state by disallowing defenses based on conscience, law, and belief.  

 

As I have pointed out in other contexts, the militarily superior side has rarely prevailed in an armed conflict since the end of World War II unless also able to command the moral and legal heights wherein are located the symbols of legitimacy. The political failures of the colonial powers despite their military dominance provides many bloody illustrations of this trend of miltarist frustration that did not exist until the middle of the last century. Because of entrenched bureaucratic and economic interests (‘the military-industrial-media complex’), the experience is denied, military solutions for conflicts continue to be preferred, and futile recourse to war goes on and on.

 

One further check on the excesses of warfare is supposedly provided by the inhibiting role of conscience, the ethical component of the human sensibility. This sentiment was powerfully and memorably expressed by some lines in the Bertolt Brecht poem, “A German War Primer”:

 

                        General, your bomber is powerful

                        It smashes down forests and crushes a hundred men

                        But it has one defect:

                        It needs a driver.

 

This ‘defect,’ a driver is both a human cost, and maybe a brake on excess, as Brecht suggests a few lines later:

 

                        General, man is very useful

                        He can fly and he can kill

                        But he has one defect:

                        He can think.

 

Of course, military training and discipline are generally effective in overcoming this defect, especially as backed up by the nationalist ideology discussed above, while international humanitarian law vainly tries to give support to thinking and respecting limits. The Nuremberg Trials of Nazi surviving leaders even went so far as to decide that ‘superior orders’ were no excuse if war crimes were committed.

 

In the nuclear age this process went further as the stakes were so high. I recall visiting the headquarters of the Strategic Air Command (SAC) at the height of the Cold War. SAC was responsible for the missile force that then targeted many cities in the Soviet Union. What struck me at the time was the seeming technocratic indifference of those entrusted with operating the computers that would fire the missiles in contrast to the ideological zeal of the commanding generals who would give the orders to annihilate millions of civilians at a distant locations. I was told at the time that the lower ranked technical personnel had been tested to ensure that moral scruples would not interfere with their readiness to follow orders. I found this mix of commanders politically convinced that the enemy was evil and apolitical and amoral subordinates a frightening mix at the time, and still do, although I have not been invited back to SAC to see whether similar conditions now prevail. I suspect that they do, considering the differing requirements of the two roles. This view seems confirms by the enthusiasm expressed for carrying on the ‘war on terror’ in the aftermath of the 9/11 attacks.

 

In this period new technological innovations in war making accentuate my earlier concerns. The reliance on drone attacks in Afghanistan (and elsewhere) removes the human person altogether from the war experience, except as in the role of programmer, and even here reliance on algorithms for targeting, removes any shred of responsibility. When mistakes are made, and innocent civilians are killed, the event is neutralized by being labeled ‘collateral damage,’ and an apology is issued but the practice goes on and is even extended.  More important is the chilling effect of removing that human presence, both as a person of one’s own nation being at risk and as a source of potential questioning and even refusal. It should be recalled that the anti-war opposition of American soldiers in Vietnam exerted a powerful influence that helped over time finally to bring this failed war to an end.

 

What is at stake ultimately is the human spirit squeezed to near death by technological momentum, corporate greed, militarism, and secular fundamentalism. This web of historical forces continues to entrap major political actors in the world, and dims hopes for a sustainable future even without taking into account the dismal effects of the gathering clouds of climate change. Scenarios of future cyber warfare are also part of this overall process of destroying societies without risking lives directly. The cumulative effect of these developments is to make irrelevant the moral compass that alone provides acceptable guidance for a progressive human future.

    

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Dilemmas of Sovereignty and Intervention

16 Jul


 

         

            The Arab Spring (and its troublesome, yet still hopeful, aftermath in Egypt), intervention in Libya, nonintervention in Syria and Bahrain, drone military operations in Pakistan, Yemen, Somalia, the influx of unwanted immigrants and walls of exclusion, and selective applications of international criminal law draw into question the most basic of all ideas of world order: the sovereignty of territorial states, and its limits. Also, at issue, are the closely related norms of international law prohibiting intervention in the internal affairs of states and affirming the fundamental right of self-determination as an inherent right of all peoples. These are basic rules of international order acknowledged in the United Nations Charter, taking the form of prohibiting the Organization from intervening in matters ‘essentially within domestic jurisdiction’ and through affirmations of the right of self-determination.

The latter is only aspirational in the Charter, but becomes obligatory as a result being posited as common Article 1 of the two human rights Covenants and being listed as one of seven principles enumerated in the authoritative Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States (UN General Assembly Resolution 2625, 1970).

 

            At the same time, as Ken Booth provocatively pointed out almost 20 years ago one of the great failings over the centuries of the Westphalian framework of world order (based on treaties of peace in 1648 concluded at the end of the Thirty Years War that are treated as establishing the modern European system of territorial states premised on the juridical ideal of sovereign equality) was associated with sovereign prerogatives to possess unconditional authority in state/society relations. Booth showed that respect for sovereignty had legitimated the inner space of states as a sanctuary for the commission of what he called ‘human wrongs,’ that is, non-accountable and cruel abuses of persons subject to territorial authority. Historically, the West claimed rights of intervention, often in the name of ‘civilization,’ in the non-West, particularly in the decaying Ottoman Empire of the 19th and early 20th centuries. The great wakeup experience, at least rhetorically for the liberal West, was the non-response at the international level to the lethal internal persecutions in Nazi Germany during the 1930s, which were not only within a sovereign state, but within a country with a high claim to be a major embodiment of Western civilization.

 

The responses after World War II, mainly expressed via international law, consisted of the Nuremberg and Tokyo trials of surviving German and Japanese leaders, the adoption of the Genocide Convention, and the negotiation and approval of the Universal Declaration of Human Rights (UDHR), as well as the establishment of the United Nations itself. These were well-intentioned, although somewhat ambivalent, gestures of global responsibility that generated criticisms and even suspicions at the time: the Nuremberg and Tokyo standards of individual accountability for crimes were only imposed by the coalition of victors in World War II upon the losers, exempting the Allied Powers from any legal responsibility for the terror bombings of German and Japanese cities and the atomic bombing of Hiroshima and Nagasaki; the Genocide Convention seemed deficient due to its failure to  provide mechanisms for enforcement; the UDHR was drafted under the sway of Western liberal individualism as a hegemonic orientation, and was only endorsed in the form of a non-binding ‘declaration,’ a clear signal that no expectation of enforcement existed; as well, the legitimacy of the colonial structures of foreign ruler were not questioned until challenged by a series of populist uprisings throughout the non-West that produced some bloody wars as in Indochina and Algeria..

 

            In passing, it should be observed that the West never respected the sovereign rights of the peoples of the non-West until it was forced to do so. Whether it was European colonialism that extended its reach throughout Africa and Asia or the assertions of American hegemony over Latin America beneath the banner of the Monroe Doctrine the pattern was one based on relations of hierarchy, not equality. This was accompanied by a refusal to extend the Westphalian writ of mutual respect for sovereign rights beyond the Euro-American regional domain until the imperial order began to crumble after World War I. First, the Good Neighbor policy seemed to reaffirm sovereignty for Latin America, but only within limits set by Washington, as the Cold War era of covert and overt interventions confirm. In the Middle East and Africa various experiments with colonial halfway houses were undertaken within the framework of the League of Nations, and formalized as the Mandates System. Secondly, after World War II a variety of nationalist movements and wars of national liberation broke the back of European colonialism as an acceptable political arrangement, and the idea of the equality of sovereign states was globalized as a matter of juridical doctrine, although not geopolitically.

 

            During the last six decades the world has moved forward in pursuit of global justice, or has it? On the one side, human rights has matured beyond all expectations, and to some degree exerts a generalized moral and political force subversive of national sovereignty by validating a higher law that exists above and beyond the legal order of the state. This subversive thrust is reinforced by the development and institutionalization of international criminal law, enforcement of accountability claims against such pariah leaders as Milosevic and Saddam Hussein, as well as lesser figures in the entourage of tyrants, the establishment of the International Criminal Court, arrest warrants for the likes of el-Bashir of Sudan and Qaddafi. And, perhaps, most significantly in relation to global justice, the rise of respected transnational NGOs that have created a somewhat less selective pressure for implementation of human rights norms, but one that remains weighted toward political and civil rights that are given priority in the liberal democracies of the North, and one that gives little attention to the economic, social, cultural, and collective rights that possess primary importance to developing societies in the South. In actuality, the UDHR was correct in its integration of all forms of human rights in a single coherent legal instrument, but it became a casualty of the Cold War ideological tensions between capitalism and socialism, with one side championing a liberal individualist understanding of human rights and the other side a collective conception.

 

            And yet, these various moves toward what might be called ‘humanitarian globalization’ achieved at the expense of older conceptions sovereignty are too often subordinated to the realities of geopolitics. That is, the application of legal standards and the assertion of interventionary claims remain imbalanced: the West against the rest, the North against the South, the strong against the weak. Even the supposedly globally oriented human rights NGOs devote most of their attention to non-West violations when it comes to alleged infractions of international criminal law.  Selective applications of law and morality tarnish the integrity of law and morality that is premised upon fidelity to principles of equality and reciprocity. This makes supposedly challenges to sovereignty suspect, but are they also worthless, or as some argue, worse than worthless?

 

            There are two contradictory modes of response. The liberal answer is to insist that progress in society almost always occurs incrementally, and doing what is possible politically is better than throwing up one’s hands in frsutration, and doing nothing. So long as targets of intervention and indicted leaders are given fair trials, and are convicted on the basis of the weight of the evidence, such results should be affirmed as demonstrating an expanding global rule of law, and serving the interests of global justice. The fact that the principal states intervene at will and enjoy impunity in relation to international criminal law, remains a feature of world politics, and is even given a prominent constitutional status at the UN by granting a veto power to the five permanent members of the Security Council.

 

            The critical response argues that the prevalence of double standards contaminates law, and makes it just one more instrument of power. The authority and legitimacy of law depends on its linkage to justice, not power. To enforce prohibitions on the use of aggressive force or the commission of crimes of state only on losers and the weak is implicitly to cede the high moral and legal ground to the richest and most dangerous political actors. It makes available a humanitarian disguise for abusive behavior in a post-colonial global setting, providing pretexts for disregarding the dynamics of self-determination, which is the legal, political, and moral lynchpin of a system of sovereign states detached from the hierarchies of geopolitics.

 

            In a world beset by contradictions, there are only hard choices. There seem to be three kinds of situation that somewhat transcend this tension between liberal and critical perspectives: a severe natural disaster that cannot be addressed by national capabilities ( Asian tsunami of 2004; Haiti earthquake of 2010) acute or imminent genocide as in Rwanda (1994) where a small international effort would have seemed likely to avert the deaths of hundreds of thousands; a mandate to act issued by the UN Security Council as in Libya. In each instance, there are risks, uncertainties, and unanticipated effects; especially worrisome is the recent pattern of authorizations of force by the Security Council. Both in the Gulf War (1991), to some extent the sanctions currently imposed on Iran, and now with the Libyan intervention, the mandate to use force is stretched beyond the limits specified in the language of authorization. In the Libyan case, Security Council Resolution 1973 the initial justification for intervention was justified by reference to an emergency situation endangering the lives of many Libyan civilians, but converted operationally and massively by NATO into a mandate to achieve regime change in Tripoli by dislodging the Qaddafi leadership. No effort was made to secure a broader mandate from the Security Council and nothing was done to insist that NATO operations be limited by the terms of the original UN authorization.

 

            What can be done? We have little choice but to cope as best we can with these contradictions, especially when it comes to uses of force in the course of what is labeled as a ‘humanitarian intervention’ or an application of the ‘right to protect’ norm. I would propose two ways to turn the abundance of information on these issues into reliable knowledge, and hopefully thereby, to engender greater wisdom with respect to the specifics of global policy and decision-making. First, acknowledge the full range of realities in international life, including the absence of equal protection of the law, that is, judging claims and deciding on responses with eyes wide open by being sensitive to the context, including its many uncertainties. With these considerations in mind adopt a posture of reluctance to use force except in extreme cases. Secondly, presume strongly against reliance on hard power resolutions of conflict situations both because the costs almost always exceed the estimates of those advocating intervention and because military power during the period of the last sixty years is rarely able to shape political outcomes in ways that are on balance beneficial for the society on whose behalf the intervention is supposedly taking place.

 

            When it comes to severe human rights abuses somewhat analogous considerations apply. In almost every instance, deference to internal dynamics seems preferable to intervention-from-without, while soft power interventions-from-below-and-without are to be encouraged as expressions of emergent global democracy. Victimization and collective acute vulnerability should not be insulated from assistance by rigid notions of sovereignty, but nor should self-determination be jeopardized by the hypocritical moral pretensions of hegemonic states.  This is inevitably a delicate balance, but the alternative is to opt for extremes of passivity or activism.

 

            In effect, to the extent possible, global challenges to sovereignty should take the form of transnational soft power tactics of empathy as identities of persons around the globe become as globalized (and localized) as markets. The recent furor aroused by Freedom Flotilla II is illustrative of an emerging tension between the role of sovereign states in defining the contours of law and morality and that of popular forces mobilized on behalf of those unjustly suffering and neglected by the world of states. Ideally, the UN should act as a mediating arbiter, but the UN remains a membership organization designed to serve the diplomacy of sovereign states and the states system, and is generally hostile to the claims of global civil society however well founded. One attractive proposal to endow the UN with a more robust mediating role is to establish some form of Global Parliament, perhaps building on the experience of the European Parliament that has evolved in authority and political weight over the decades.  A more relevant innovation consistent with the above analysis would be the establishment of a UN Humanitarian Emergency Peace Fund with independent funding, an authorizing procedure that was not subject to a veto, and an operational discipline that ensured that the implementation of a mandate to act forcibly did not exceed its boundaries.  

 

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Sabotaging Flotilla II: Waging War Against Civil Society

4 Jul


           The reports that two of the foreign flagged ships planning to be part of the ten vessel Freedom Flotilla II experienced similar forms of disabling sabotage creates strong circumstantial evidence of Israeli responsibility. It stretches the imagination to suppose that a sophisticated cutting of the propeller shafts of both ships is a coincidence with no involvement by Israel’s Mossad, long infamous for its overseas criminal acts in support of contested Israeli national interests. Recalling the lethal encounter in international waters with Freedom Flotilla I that took place on 31 May 2010, and the frantic diplomatic campaign by Tel Aviv to prevent this second challenge to the Gaza blockade by peace activists and humanitarian aid workers, such conduct by a state against this latest civil society initiative, if further validated by incriminating evidence, should be formally condemned as a form of ‘state terrorism’ or even as an act of war by a state against global civil society.

 

The Israeli Government has so far done little to deny its culpability. Its highest officials speak of the allegations in self-righteous language that is typically diversionary, asserting an irrelevant right of self-defense, which supposedly comes mysteriously into play whenever civil society acts nonviolently to break the siege of Gaza that has persisted for more than four years. From the perspective of the obligations to uphold international law it is the Flotilla participants who are acting legally and morally, certainly well within their rights, and it is Israel and their friends that are resorting to a variety of legally and morally dubious tactics to insulate this cruel and unlawful blockade from what is essentially a symbolic challenge. The behavior of the Greek Government, surely a reflection of its precarious financial and political situation, also violates the law of the sea: foreign flagged vessels can be detained in port only if they are acting in violation of national law or are proven to be unseaworthy and dangerous to international navigation. Otherwise, interference by detention or by seizing while en route within Greek territorial waters is an unlawful interference with the right of innocent passage. Greece would be very vulnerable to defeat and damages if the Freedom Flotilla victims of these encroachment on rights were to have recourse to the Hamburg International Tribunal for Law of the Sea.

 

            The most relevant precedent for such government-sponsored sabotage is the Rainbow Warrior incident of 1985. There French agents detonated explosives on a Greenpeace (an environmental NGO) fishing trawler docked in the Auckland, New Zealand harbor prior to proactively challenging the French plans to conduct underwater nuclear tests off the shore of the nearby Pacific atoll, Moruroa. Fernando Pereira , Greenpeace photographer for the mission, was killed by the explosions, although the devices were detonated at night when no one from Greenpeace was expected to be on board the vessel. At first, the French government completely denied involvement, later as incriminating evidence mounted, Paris officially claimed that its agents who were identified as being near the scene were only spying on Greenpeace activities and had nothing to do with the explosives, and later still, as the evidence of French culpability became undeniable, officials in France finally admitted government responsibility for this violent undertaking to eliminate activist opposition to their nuclear test, even acknowledging that the operation had been given the bizarre, although self-incriminating, code-name of Operation Satanique.

 

After some further months of controversy the French Prime Minister, Laurent Fabius cleared the air by issuing a contrite statement: “The truth is cruel. Agents of the French secret service sank the boat. They were acting on orders.” (the decision to destroy the Rainbow Warrior were later confirmed to have come from France’s supreme leader at the time, the president of the Republic, Francois Mitterand) The French agents who had by then been arrested by the New Zealand police, charged with arson, willful damage, and murder, but due to pressure from the French government that included a threatened European economic embargo on New Zealand exports, the charges were reduced. The French defendants were allowed to enter a guilty plea to lesser charges of manslaughter that was accepted by the Auckland court, resulting in a ten-year prison sentence, and later supplemented by an inter-governmental deal that virtually eliminated the punishment. The French paid New Zealand $6.5 million and issued an apology, while the convicted agents were transferred to a French military base on Hao atoll, and were later wrongly released only two years after being genteelly confined in comfortable quarters provided by the base.

 

            It is useful to compare the Flotilla II unfolding experience with the Rainbow Warrior incident. At the time, the French nuclear tests in the Pacific were considered legal, although intensely contested, while the blockade of Israel is widely viewed as a prolonged instance of collective punishment in violation of international humanitarian law, specifically Article 33 of the 4th Geneva Convention. Although Israel could argue that it had a right to monitor ships suspected of carrying arms to occupied Gaza, the Freedom Flotilla II ships made themselves available for inspection, and there was no sufficient security justification for the blockade as the investigation by the UN Human Rights Council of the 2010 flotilla incident made clear. The overriding role of the blockade is to inflict punitive damage on the people of Gaza. Even before the blockade was imposed in 2007 all shipments at the Gaza crossing points were painstakingly monitored by Israel for smuggled weapons.

 

A person was unintentionally killed by the French acts of sabotage, and so far no one has died as a result of these efforts to disable and interfere with Flotilla ships, although the Irish vessel, MV Saoirse (‘freedom’ in Gaelic), was disabled in such a way that if the damage had not been discovered before heading to sea, the ship reportedly would have likely sunk with many passengers put at extreme risk of death. Perhaps, the most important distinction of all, is the failure to claim any right to act violently against peaceful protesters even though the French state was officially engaged in an activity directly associated with its national security (weapons development). In contrast, the Israelis are seeking to avoid having their universally unpopular and criminal Gaza policies further delegitimized, and claim the entitlement as a sovereign state to engage in violent action, even if it endangers nonviolent civilians. In effect, it is a declaration of war by Israel against global civil society as over 50 nationalities are represented among the passengers on the Flotilla ships.

 

Any reasonably informed person knows that the Israeli alleged concern about weapons smuggling to Gaza is a smokescreen without substance. The Flotilla organizers have credibly pledged nonviolence, have offered to allow inspectors to examine the cargo, and have invited respected journalists to be on board the vessels. There is zero prospect of weapons being allowed on board any of these ships (even without any inspection), and the Israelis undoubtedly realize this, as does Washington. To insist that this demonstrably peaceful activism mainly by dedicated adherents of nonviolent militancy poses a threat to Israeli security while hardly ever mentioning the hundreds of unmonitored tunnels that are in daily use along the Gaza border with Egypt makes a mockery of the Israeli argument.

 

            Long before the flotilla actually set sail, with typical propagandistic fervor and diplomatic finesse, supported every inch of the way by its many powerful friends in Washington, Israel zealously engaged in a concerted hasbara campaign to discredit the shipment of humanitarian aid to the besieged people of Gaza. By verbal acrobatics reminding us that Orwell’s warnings about the extreme debasement of political language (1984) remains all too relevant as ever, Israel has been trying to portray committed peace activists and cultural icons (e.g. Alice Walker) as harboring ‘terrorists’ and arms dealers, if not being themselves willing accomplices. As might be expected, much of the media, especially in the United States, has taken at face value such scandalous accusations, or at the very least has put them forward as credibly accounting for the bitter complaint by Israel that Flotilla II is being used as a humanitarian front behind which arms are being smuggled into Israel.

 

            On a second level of Orwellian distortion, a somewhat more subtle, but no less insidious, case against the Flotilla has been put forward.  The daily existence of the entrapped, impoverished, and mentally and physically debilitated Gazans have been widely depicted by Israeli propagandists as if they were enjoying a glitzy pleasure kingdom that benefits its 1.6 million inhabitants. No less a journalistic personality than Ethan Bronner, long a skilled Israeli apologist in the American setting, opens a front page story in the NY Times (June 28, 2011), with the following absurdly glowing description of the situation in Gaza: “Two luxury hotels are opening in Gaza this month. Thousands of new cars are plying the roads. A second shopping mall—with escalators imported from Israel—will open next month. Hundreds of homes and two dozen schools are about to go up. A Hamas-run farm where Jewish settlements once stood is producing enough fruit that Israeli imports are tapering off.” What makes this travesty on conditions in Gaza newsworthy is not these good things that are supposedly happening, but its relevance to the Israeli contention that the humanitarian rationale for the flotilla mission is fatuous and unnecessary because the life of the Gazans, despite appearances to the contrary, is going along in sprightly fashion despite the barbed wire and prison walls that enclose Gaza. It comes as no surprise that Bronner immediately connects his puff opening about conditions in Gaza with the Israeli anti-flotilla campaign: “As pro-Palestinian activists prepare to set sail aboard a flotilla aimed at maintaining an international spotlight on Gaza and pressure on Israel, the isolated Palestinian coastal enclave is experiencing its first real period of economic growth since the siege they are protesting began in 2007.”

 

Later on in the story, presumably to avoid losing all credibility as an objective reporter in that deceptive NY Times style, Bronner acknowledges some of the darker sides of life in Gaza, but in a manner that does little to challenge the dominant message of his article: since there is no genuine humanitarian crisis in Gaza, the real motivations of Flotilla organizers must be either to delegitimize Israel or to mount an irresponsible challenge to the country’s reasonable security measures. It is a portrayal that is echoed by the assertion by the Chief of Staff of the Israeli Defense Forces (IDF), Benny Gantz, who has the temerity to assert that the people of Gaza are enjoying a ‘comfortable lifestyle.’ Ehud Barak, the Minister of Defense, joins the chorus with his suggestion that if the Flotilla activists were sincere in their humanitarian commitment they would forget about the people of Gaza and turn their attention a genuine humanitarian challenge: arranging the release of the sole Israeli prisoner, Gilad Shalit, held by Hamas. Of course, Barak is silent about the several thousand Palestinians, including numerous children, being held by Israel, sometimes for years, in detention under harsh conditions.

 

            A first level of response to such distortions is to point to the authoritative and highly data-based report released last month by the United Nations Relief and Works Agency (UNRWA) on the economic conditions in Gaza with special attention to labor. Among its highlights is the disclosure that the unemployment rate in Gaza has climbed to 45.2%, which appears to be the highest in the world.  This alarming figure was coupled with a 7.9% decline in the purchasing power of average monthly wages for the those Palestinians during the last half of 2010 lucky enough to have a job. There has been an alarming overall decline of 34.5% in the purchasing power of workers for the period since 2006. It is further estimated that 300,000 Gazans now subsist on less than $1 per day.

 

And this is not all. 95% of the water supply in Gaza is unsafe for human consumption, the electricity is insufficient for the needs of the population, causing frequent blackouts. Worse still, the health system is near collapse, with no supply of many vital medicines, and most other medicines in Gaza are not reliable because they are being held beyond their expiration dates. There are numerous recent reports of curtailed services in Gaza hospitals, cancelled surgeries and closures because of the absence of essential medical supplies. And perhaps, most crippling of all, no exports of any kind from Gaza have been allowed during the entire period of the blockade and siege. This means that most Gazans have become almost totally dependent on UN handouts and the machinations of black marketers just to subsist.

 

            But the material conditions of deprivation do not begin to describe the ordeal endured by the Gazan population. To be entrapped in such an impoverished and crowded areas for a few days would be a hardship, but to be denied entry or exit over a period of four years is a crime, a distinct humanitarian disaster even if Gaza was indeed the Switzerland of the Middle East that Israeli leaders are seeking to have the world believe. Additionally, Israel uses violence across its borders at times and places of its choosing, killing and wounding many, and terrifying the entire Gazan population. The debris of the 2008-09 massive attacks has mostly not been cleared, nor have many of the destroyed homes and buildings been reconstructed.

 

            To view this cumulative set of conditions as other than a severe humanitarian crisis, intensified by an illegal blockade, is grotesque. It is compounded by another Orwellian maneuver. The American Secretary of State, Hilary Clinton, had the temerity to say a few days ago that “..its not helpful for there to be flotillas that try to provoke actions by entering into Israeli waters and creating a situation in which Israelis have a right to defend themselves.” Should we not ask ‘who is provoking whom?’ Are Israelis defending themselves or insulating their criminality in Gaza from a peaceful and entirely appropriate challenge, especially considering the passivity of governments and the UN that have allowed this particular humanitarian catastrophe to go on and on? Since when does a sovereign state have a right of self-defense against peace activists and humanitarian aid workers? At the very least should not Clinton have implored the new Egyptian leadership to open and expand the Rafah Crossing to allow Gazans a reliable means of exit and entry?

 

            Shining through the darkness of this experience of obstructing Flotilla II is the raw nerve of the illegitimacy of Israeli occupation policy. Neither the Flotilla movement nor the somewhat complementary BDS campaign are questioning the legitimacy of Israel as such, but they are challenging the unyielding and expansionist Zionist leadership that denies the fundamental rights of the Palestinian people living under occupation, but also the rights of the 5-7 million Palestinians living in refugee camps or in exile and the rights of the 1.5 million Palestinians that have been subject to a range of discriminations ever since the establishment of Israel in 1948. A just and sustainable peace for both peoples requires an acknowledgement and implementation of these rights. Such rights are truly inalienable, and do not lapse because of their long suppression. This is ultimately what the Flotilla II encounter is really about, and this is also why Israel finds it so dangerous.  

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