Global Justice in the 21st Century

            I have been struck by the unhelpfulness of ideology to my own efforts to think through the complexities of recommended or preferred policy in relation to Syria, and more recently, the Ukraine. There is no obvious posture to be struck by referencing a ‘left’ or ‘right’ identity. A convincing policy proposal depends on sensitivity to context and the particulars of the conflict.

            To insist that the left/right distinction obscures more than it reveals is not the end of the story. To contend that ideology is unhelpful as a guide for action is not the same as saying that it is irrelevant to the public debate. In the American context, to be on the left generally implies an anti-interventionist stance, while being on the right is usually associated with being pro-interventionist. Yet, these first approximations can be misleading, even ideologically. Liberals, who are deliberately and consigned to the left by the mainstream media, often favor intervention if the rationale for military force is primarily humanitarian.

            Likewise, the neocon right is often opposed to intervention if it is not persuasively justified on the basis of strategic interests, which could include promoting ideological affinities. The neocon leitmotif is global leadership via military strength, force projection, friends and enemies, and the assertion and enforcement of red lines. When Obama failed to bomb Syria in 2013 after earlier declaring that the use of chemical weapons by the Assad regime was for him a red line this supposedly undermined the credibility of American power.  My point is that ideology remains a helpful predictor of how people line up with respect to controversial uses of force, although relying on ideology is a lazy way to think if the purpose is to decide on the best course of action to take, which requires a sensitivity to the concrete realities of a particular situation. Such an analysis depends on context, and may include acknowledging the difficulties of intervention, and the moral unacceptability of nonintervention.  

            On a high level of abstraction, it is true that the hard right tends to find a justification for military action as the preferred solvent for any challenge to American foreign policy and the hard left is equally disposed to dismiss all calls for humanitarian intervention as sly anti-imperialist maneuvers, recalling Noam Chomsky’s dismissal of the Kosovo War in 1999 as ‘miltary humanism.’ In this sense it seems easier to proceed by dogma than to engage seriously with the existential complexities and uncertainties of the specifics pertaining to a conflict setting, and thus be willing to conclude either that ‘the situation is horrible, and something must be done’ and yet still believe that ‘the situation is horrible, but military intervention will only make it worse.’ This is the kind of conundrum that has perplexed and troubled me ever since the Syrian uprising in 2011 turned violent, unleashing the criminal fury of the Damascus regime, and attracting a variety of predatory outside forces on both sides. Often those on one side or the other of the debate fail to recognize the consequences of either a failed intervention or a refusal to intervene.

            There are at least two problems that bedevil interpretation in these setting. To assess particularities of context requires a genuine familiarity with the specifics and changing dynamics of a conflict if persuasive policy recommendations are to be grounded in relevant knowledge rather than on knee jerk reactions. And secondly, no matter how expert, core uncertainties will persist, and the difficulties of making choices that involve killing and dying of others is a huge weight of responsibility if the policy risks and alternatives are carefully weighed.

            I would add a third caveat—in the last fifty years military intervention has rarely worked out well for the target society or for the intervener; that is, historical experience would seem to call for what lawyers call ‘a presumption against intervention.’ This presumption is not intended as an absolute prohibition, but it does impose a burden of persuasion on the advocates of intervention. Often, also, the evidence pro and con intervention is doctored and manipulated one way or another to reflect the views of the government or of special interests.  This was spectacularly illustrated by the lead up to the U.S. led attack on Iraq in 2003 where governmental efforts to strengthen the public case for intervention produced notorious fabrications. Rwanda in 1994, did present an exceptionally strong humanitarian case supportive of a limited military intervention with operational responsibility entrusted to the United Nations, but the bad experience of the Clinton presidency with the Somalia intervention during the prior year led the United States to oppose effectively a UN effort to prevent, or at least mitigate, a genocidal onslaught.

            It would seem against such a background that the best solution in such situations might be procedural, that is, leaving the final policy decision in each instance up to a determination by the UN Security Council. If the Bush Administration had accepted the outcome of the Security Council vote that withheld approval for intervening in Iraq it would have been spared a humiliating strategic defeat that damaged America’s status as world leader. Allowing the Security Council to decide whether or not international force is required and justified also is consistent with the presumption against intervention due to the possibility that any of the five permanent members casting a negative vote counts as a veto.

            The Obama approach has not fared much better than that of Bush. It induced members of the Security Council opposed to military intervention to accept the plea of NATO countries in 2011 to engage in a humanitarian operation to save the besieged civilian population of the Libyan city of Benghazi by way of establishing a No Fly Zone. Once the operation got underway, it completely ignored these UN guidelines, and used its air dominance to widen the scope of violence and carry out an unauthorized mission of regime-change. The aftermath in Libya casts further doubt on the overall wisdom of authorizing intervention in such a circumstance of internal strife. As well, the spillover from the refusal of the interveners to adhere to the limited UN mandate has been to undermine trust in such a way as to weaken any prospect for the UN to play a more robust role in resolving the Syrian conflict where the case for interference has become stronger than it ever was in Libya.

            Beyond this issue of trust are questions of geopolitical alignment, especially encounters that align the U.S. and NATO on one side and Russia and/or China on the other. As yet, fortunately, there is no second cold war, although the neocons, and some in Europe, are beating the war drums in relation to the Ukraine in such a way as to point in that most unwelcome and totally unjustified direction.  Russia’s sensitivity to hostile developments on its borders, previously expressed a few years ago in the 2008 crisis over Georgia, is now more potently evident in relation to the Ukraine and  breakaway Crimea, which contains a strategic Russian naval base at Sevastopol that is the only Russian warm water port, as well as home to their Black Sea naval fleet.

            American exceptionalism, or put differently, the geopolitical asymmetry that generates one set of rules for the United States and another for secondary geopolitical actors such as Russia, pushes the United States to claim a license to act against Russian borderland encroachments that would never be tolerated in reverse, if say a radical anti-American takeover took place in Mexico, and Russia was audacious enough to object to American extra-territorial interference, dire consequences would follow. Recall the American readiness to risk World War III to prevent the deployment of Soviet missiles in Cuba back in 1962. The problems of both Syria and Ukraine are intensified by geopolitical antagonism that restricts the UN role to the margins and prevents a diplomatic consensus from allowing international cooperation to bring pressure to bear that will move parties away from violence and toward a political settlement.

            It is true that geopolitical antagonism is not an absolute political obstacle to intervention. The Kosovo War was undertaken despite the perceived inability to gain authorization from the Security Council due to anticipated Russian and Chinese opposition. The interveners relied on the combined legitimating weight of ‘a coalition of the willing’ and a regional consensus that favored intervention to protect the endangered Albanian majority population. A further legitimating factor in Kosovo was the plausibility of undertaking a military operation that could probably succeed quickly, and not produce many casualties on the intervening side. An important additional justification for intervention was the credible prospect of ethnic cleansing by Serbian forces of the sort that had actually taken place in Srebrenica a few years earlier in the midst of Bosnian strife. Finally, in light of this Serbian prior criminal behavior, the aspirations of the Kosovars for an independent political community seemed reasonable. A further post hoc vindication of intervention resulted from the large-scale return to Kosovo of most Albanian refugees after the Serbian control ended, reinforcing the interventionist rationale after the fact by showing its consistency with the dynamics of self-determination.

            Nevertheless, a questionable precedent was set in Kosovo by bypassing the Security Council. In effect, the Kosovo intervention involved recourse to non-defensive force without a mandate from the UN, and thus amounted to a deliberate violation of the core articles of the UN Charter and international law that unconditionally prohibits non-defensive threats or uses of force. An effort was made in the Kosovo context by the interveners to stress emergency conditions: the harsh memories associated with inaction in relation to Srebrenica and Rwanda were strong inducements to act beyond the law, and a quasi-legal reliance on a NATO consensus were argued as sufficient to prevent the formation of an unfortunate precedent. When a few years later, the United States, with only the United Kingdom as a credible ally, invaded and occupied Iraq, some negative implications of the Kosovo circumvention of international law became evident, and led the anti-interventionists to reassert their skepticism.

            Putting ideology to one side, the question of what is to be done is daunting in the very different challenges poses by Syria and Ukraine. Syria is above all a horrifying humanitarian catastrophe that is also destroying some of the country’s ancient and most cherished cities. It is a situation in which the opposition to the regime is disunited and itself guilty of atrocities, and in which both the governing authorities and insurgency are supported by external actors that treat the civil strife as primarily a proxy war engaging regional interests, and these external forces seem unlikely to yield significantly to their adversary regardless of the humanitarian ordeal being inflicted on the Syrian people. In this respect Syria illustrates regional and global geopolitics in its most cynical and destructive form. One revealing aspect of the disheartening complexity has led the anti-Assad governments to exclude Iran from the Geneva diplomacy that is supposed to be dedicated to finding a war-ending transition to a terrain of political competition. Iran’s exclusion seems irresponsibly submissive to the views of America’s regional allies, Saudi Arabia and Israel, and works against surmounting the admittedly difficult set of diplomatic obstacles in the quest for peace and political compromise relating to Syria.

             The geopolitical realities of the Ukraine are totally different, raising risks of a new cold war, or at least renewed great power rivalry, and is threatening to produce an uneven military encounter between Russia and the Ukraine over moves by Moscow to annex Crimea on the basis of a hastily arranged referendum that went, as expected Russia’s way by an overwhelming (95%) of the vote. Even if the lopsided outcome partly reflected pro-Russian intimidation there is little doubt that the people of Crimea strongly prefer being part of Russia than remaining an autonomous province in the Ukraine. The Western media gives little attention to the strong historical and cultural affinities between Russia and Crimea. It should be remembered that the Crimea had long been part of Russia, its population mostly Russian speaking, and its shift to the Ukraine accomplished by a capricious Kremlin decree in 1954 issued under the authority of Nikita Khrushchev who himself was part Ukrainian. From an international law standpoint the applicability of self-determination is ambiguous in light of this background. From a Ukrainian point of view, the transfer of Crimean sovereignty was a valid legal act 60 years ago, and the population of Crimea do not seem to qualify as ‘a people’ entitled to claim a right of self-determination. Besides, self-determination is not applicable if its exercise fragments an existing state, in this case Ukraine. But as we have seen, when self-determination is asserted successfully, as in former Yugoslavia, the resulting political entities, although fragmenting an existing state, which was a member of the United Nations, the political outcome will be generally accepted, although maybe not formalized immediately.

            Putting aside the geopolitical dimension, there are other problems with action (granting the unacceptability of inaction) in the Syria setting. First of all, the regime is not isolated from popular support, although the breadth and depth of the support is controversial, and probably belongs in the domain of the unknowable. Secondly, because the regime is well armed, it would require a major undertaking to have any assurance that intervention would produce regime change, security, and political transition rather than escalation. As recent history has demonstrated over and over again, in the post-colonial era a Western intervention is likely to provoke prolonged, and in the end, effective national territorial resistance, with highly unpredictable political consequences. In Syria, with minimal strategic interests of the United States at stake, the difficulties of achieving regime change by intervention seem too great, especially, as is the case, tactics would be relied upon that cut the casualties on the intervening side to an absolute minimum.  

            We are left, then, with the other part of the challenge: the unacceptability of doing nothing in relation to Syria, and a debate about what could be done to promote a more sustainable and satisfactory outcome in Ukraine.  It has been proposed for some time to undertake a series of humanitarian initiatives on behalf of the Syrian people, including a No Fly Zone to protect a humanitarian corridor that would be capable of delivering food and medicine to beleaguered communities in Syria. Such a course of action is beset with problems stemming from a lack of trust giving rise to suspicions about the authenticity of the humanitarian motivations. Concerns also exist as to the control of the scope and magnitude of the forcible action once undertaken, as well as about the genuine difficulties of making such a zone secure without expanding the scale and scope of the use of force.

            In the Ukraine, there seems to be no constructive role for the West to play at this stage. Granting that anti-Russian sentiments prevail in the Ukrainian speaking, Catholic, portions of Ukraine, it seems that the upheaval that led the Viktor Yanukovych government to collapse can be viewed as consistent with the internal sovereignty of the country, although not without some inappropriate Western encouragement of destabilizing political opposition. Even granting this kind of interference, it does not create an occasion justifying Russian intervention, and this is so, regardless of the degree to which the new leadership includes a strong fascist component. Fortunately, there is no current prospect of a Russian intervention designed to break up Ukraine, but the impact of Western anger, expressed by the imposition of sanctions personally directed at Putin and some of his close associates seems designed to hurt Russian investment and trade. Such hostile moves could easily trigger Russian retaliation, and give rise to an unpredictable and dangerous escalation of tensions. Given the way the world is organized on the basis of statist logic, reinforced by geopolitical zones of influence, it would be a major move in the direction of global hegemony if the West were to mount a provocative challenge to Russia’s relationship to what was previously known as their ‘near abroad,’ and from any point of view threatened vital Russian security interests.

            In relation to both Syria and Ukraine there are internationalist frustrations because of the inability to protect vulnerable people in severe distress. At stake are opposing principles of respect for sovereignty and  human rights, as well as the hostile interplay of dangerous geopolitical rivalries. The effort to uphold the collective rights of weaker countries and their peoples is opportunistically pursued, making current frustrations mainly a reflection of the dysfunctional operations of a structure of hard power world order that accords primacy to state sovereignty, the pursuit of national interests, and the hegemonic claims and conflicts of geopolitical actors having varying ambitions, claims under international law, and diplomatic and military capabilities.

            Further in the background is the presence of weapons arsenals filled with nuclear weapons that makes hardly any political or moral goal worth the risk of major inter-governmental military encounters. Until the political cultures of the main countries in the world are prepared to reorient their priorities around concerns with a species sense of identity and solidarity we are stuck with this territorially delimited structure that was initially established in 17^th century Europe and then over time exported to the rest of the world. Such a world order is being challenged by functional considerations of sustainability, climate change, and weaponry of mass destruction, as well as by normative considerations associated with human rights, equity, and species survival. The breakdowns of such an order in Syria and Ukraine are emblematic failures of this system, but also in many respects, human tragedies entailing massive suffering and trauma.