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Ahmet Davutoğlu as Turkish Foreign Minister, and Now Prime Minister

30 Aug

[Prefatory Note: The post below is written as a congratulatory message to Ahmet Davutoğlu. ‎ Prior to his entry into government Davutoğlu built a strong following among intellectuals around the world for his scholarly breadth and depth that involved an unusual command over both social science and the humanities, with a special focus on philosophies of history, and their application to the Turkish past and present realities and future prospects. I publish here also a significantly modified article originally written a week ago at the request of AlJazeera Turka, and heretofore only available in Turkish.]

 

The Ascent of Ahmet Davutoğlu

 

Richard Falk

 

So far most commentary on Ahmet Davutoğlu’s selection as Turkey’s new Prime Minister has been focused on what will be his relationship with the country’s new president, Recip Teyyip Erdoğan. Especially opponents of the Justice and Development Party (AKP) tend to portray Davutoğlu as certain to play second fiddle to Erdoğan who is both fiercely resented and feared, and regarded as a ‘Turkish Putin.’ The fact that Erdoğan seems to have handpicked Davutoğlu to succeed him at party leader and prime minister, and acted deliberately to sideline the popular prior president, Abdullah Gul, adds to the concern about what to expect from a government led by Davutoğlu. I believe that such speculation is profoundly wrong, that Davutoğlu is an admirable person of strong beliefs and an adherent of a political vision that has evolved over the years on the basis of study and experience. In my view Davutoğlu will turn out to be a historically significant Turkish leader by virtue of his thoughtful style of governance and through the assertion of his own priorities and programs. Few countries can claim leadership of the quality provided and record achieved by Erdoğan, Davutoğlu, and Gul over the last twelve years.

 

For Davutoğlu to reach the peak of political power is the latest stage in his remarkable ascent within governing circles in Ankara. Coming to government after a deep immersion in the scholarly life of a university professor is unusual enough, but to rise to such a level of prominence and influence without casting aside his academic demeanor is unprecedented, not only in Turkey but anywhere.

Searching for recent comparisons, I can think only of Henry Kissinger, and he never rose above the level of Secretary of State, although he did serve as architect of American foreign policy during Richard Nixon’s presidency, a period of undoubted global leadership. Unlike Davutoglu, Kissinger treated the moral and legal dimensions of foreign policy as instruments of propaganda rather than as matters of principle. Kissinger as a scholar never achieved the distinction nor the national impact that resulted from Davutoğlu’s Strategic Depth, which incidentally, was planned to be the first of three monumental studies, the other two being devoted to historical depth and cultural depth. One of the costs of entering government has been the deferral of this project, which if completed, is almost certain to be a work of exceptional significance.

 

Starting out in 2003 as Chief Advisor to the Foreign Minister, and later to the Prime Minister, Davutolğu’s role as a highly influential and respected expert was quickly recognized. Long before Davutoğlu became Foreign Minister in 2009, he was widely respected in Turkey as the architect of its energetic and effective foreign policy, which was causing a stir in the region and around the world.

 

Davutoğlu’s contributions were particularly notable in three domains of foreign policy. First, he understood and clearly articulated the importance for Turkey to adapt to the new regional setting created by the end of the Cold War, appreciating that it was now possible and desirable for Turkey to be an independent actor in the Middle East and beyond without awaiting clearance from Washington.

 

Secondly, Davutoğlu from almost the beginning of his role in government became Ankara’s chief emissary in trying to clear the path to Turkish membership in the European Union, working out the important ‘Copenhagen Criteria’ that turned out to be also useful as a roadmap for desired domestic reform. This functioned as an important mandate that was linked to a domestic program of reform, which included protecting human rights and featured the containment of the deep state in Turkey during the early years of AKP leadership when relations with the armed forces were tense, and rumors of an impending coup were in the air. Satisfying the EU requirements gave Erdoğan the justification he needed for impressively strengthening the civilian control of government in Turkey. Because of its private sector interests, the Turkish military turned out to be as eager for EU membership as was the AKP, and even the harsh Kemalist opposition went along with this part of the AKP program.

 

Thirdly, these moves to civilianize the Turkish government removed altogether the earlier role played by the Turkish armed forces as custodian of the republic through the medium of coups against elected political leaders. In retrospect, substantially removing the armed forces from the political life was a great step forward in democratizing Turkey even if this momentous development was not acknowledged in Brussels, and elsewhere in Europe. For quite independently Islamophobic reasons Europe was becoming adamantly opposed to accepting Turkey as a member of the EU, no matter how successful the Turkish government might be in satisfying the standards laid down for accession. It might also be noted that the secular opposition in Turkey also has never credited Erdoğan with this achievement, which might turn out to have be his greatest contribution to Turkey’s political development as a vibrant constitutional democracy. While praising this central achievement it needs to be noted that the overall record of the AKP on human rights is mixed, with particularly regrettable encroachments on political freedoms via the imprisonment of journalists, pro-Kurdish activists, and others.

 

From the outset of his time in government, Davutoğlu was also extremely active in doing everything possible to resolve the Israel/Palestinian/Syrian conflicts, and led a comprehensive Turkish effort to bring peace to the region. Davutoğlu’s attempt to have Hamas treated as a normal and legitimate political player after its 2006 electoral victory in Gaza would have saved much grief in the Middle East had it been accepted in Washington and Tel Aviv. After these conflict-resolving initiatives collapsed, Turkey has almost alone in the region played a principled and constructive role by challenging the Israeli blockade of Gaza and seeking to end the collective punishment and humanitarian ordeal of the Palestinian population. This role was resented in the centers of Western power and even in most Arab capitals, but it has endeared Turkey and its leaders to the peoples of the region and beyond. It also gave expression to Davutoğlu’s insistence that a successful Turkish foreign policy should be as principled as possible while at the same time being creatively opportunistic, promoting national interests and values, and in all possible situations seeking engagement rather than confrontation.

 

More famously, and controversially, Davutoğlu saw the opportunities for Turkish outreach in the Arab world, and beyond. Unlike the failed efforts in the 1990s to incorporate the newly independent Central Asian republics in a Turkish sphere of influence, the AKP effectively approached the expansion of trade, investment, and cultural exchanges throughout the region, an approach given the now notorious doctrinal label by Davutoğlu of ‘zero problems with neighbors’ after he became Foreign Minister in 2009. At first ZPN seemed like a brilliant diplomatic stroke, a dramatic effort to rest Turkey’s ambitions on the dynamics of ‘soft power geopolitics,’ that is, providing benefits, attracting others, and not depending for influence on military prowess or coercive diplomacy. Given what appeared to be the frozen authoritarian political realities in the region, constructive engagement with mutual benefits seemed superior to postures of hostility, tension, and non-involvement that had for so long been characteristic of Turkish foreign policy, and descriptive of the sterile political atmosphere throughout the Middle East.

 

Then in early 2011 came the Arab Spring that surprised everyone, including Turkey. It created excitement and turbulence throughout the region, but also the promise of far greater democratic and more patterns of governance. Davutoğlu as much as any statesman in the world welcomed these Arab anti-authoritarian upheavals as benevolent happenings, pointing especially to the extraordinary events in Tunisia and Egypt in early 2011 that overthrew two long serving authoritarian and corrupt leaders by relying on largely nonviolent mass mobilization. Davutoğlu was especially impressed by Arab youth as a revolutionary force that he believed was well attuned to the changing tides of history.

 

This optimism did not last long. Events in Libya, Syria, Bahrain, and Yemen made it clear that there was not going to take place the smooth and quick transitions that deceptively seemed to be taking place in Egypt and Tunisia. It was soon clear that it would become necessary for Turkey to choose sides as between the authoritarian elites seeking to hold onto or restore their power and the earlier Ankara approach of accommodating the governing authorities of Arab states without passing judgment on how these governments treated their own citizenry.

 

Syria posed the most severe challenge in this respect. The Assad regime in Damascus had earlier been the poster child of ZPN, and now dramatized the non-viability of such a posture as the Damascus regime became responsible for committing one atrocity after another against its own people. Turkey abruptly switched sides, losing trust in Assad, and aligning itself with rebel forces. Both the pro and anti-Assad postures proved controversial in Turkey. The main secular opposition party, CHP, accusing Erdoğan of playing sectarian politics by supporting in Syria an insurgency that was increasingly dominated by Sunni militants associated with a Syrian version of the Muslim Brotherhood.

 

Davutoğlu skillfully and reasonably reformulated his ZPN by saying that when a government shoots its own citizens in large numbers, Turkey will side with the people, not the governmental leadership, which lost its legitimacy through its actions. From now on the doctrine associated with his outlook could be more accurately understood as ‘zero problems with people,’ of ZPP. The same logic guided Turkey in its eventual support of the NATO intervention in Libya as the Qaddafi regime seemed poised to engage in genocidal onslaught against the entrapped population of Benghazi to quell a popular uprising. The mass mobilization against the elected Morsi government in Egypt illustrated another kind of difficulty, leading Turkey to stand out in the region, joined only by Qatar, in its refusal to give its blessings to the military coup that brought General Sisi come to power in July 2013.

 

The touchstone of Davutoğlu’s approach to foreign policy is the effort to blend principle and pragmatism in relation to shifting policy contects, doing what is right ethically while at the same time exploring every opportunity to promote Turkish national interests, including enhancing its international reputation as a responsible and strategic player. This blend of goals was well-illustrated by the seemingly frantic Davutoğlu diplomacy in many settings, including the Balkans, Crimea, Armenia, Myanmar, and Latin America, seeking wherever possible to resolve regional conflicts while lending support to humanitarian goals, and in the process establishing Turkey’s claims to be both a constructive international actor and a valuable partner for trade and investment.

 

The most impressive example of such an approach was undoubtedly the major initiative starting in mid-2011 to help out a crisis-ridden Somalia when the rest of the world abandoned the country as a ‘failed state.’ Erdoğan and his wife, together with Davutoğlu, visited Mogadishu at time when it was viewed as dangerously insecure and then put together a serious financial aid package to highlight the continuing Turkish commitment. From this bold and imaginative gesture of solidarity came a major opening to Africa for Turkey, which produced an immediate rise in Turkish prestige that brought with it major opportunities throughout the continent.

 

In reflecting on the Erdoğan/Davutoğlu approach to foreign policy, this Somalia initiative helps explain, as well, how and why Turkey after an absence of 50 years was elected to term membership for 2009-2010 in the UN Security Council with strong African backing. Turkey is again investing an enormous effort to being elected to the Security Council for a 2015-2016 term. It also explains why Istanbul has become a favorite site for major international meetings, often displacing the earlier tendency to choose Western European cities for such gatherings. Both of these involvements at the global level are expressive of Turkey’s ambition to be a global political actor, as well as a strong state and regional influence.

 

Despite an extraordinary record of achievements, the Davutoğlu foreign policy experience also has its share of blemishes, even taking into account the difficulties that all governments faced in adapting to the abrupt sequence of unexpected changes in the Middle East during the last several years. Perhaps because his plate was so full with an array of diverse undertakings, Davutoğlu didn’t sufficiently focus on the daunting complexities of the aftermath of the Arab Spring, leading him to make on behalf of Turkey several costly miscalculations.

 

Undoubtedly the most serious of these blunders concerned Syria, not the underlying impulses, but the lack of nuance. In my view, Turkey’s mistakes can be understood in two phases: first, the excessive enthusiasm attached to the initial effort to dissolve the tensions that had dominated Turkish-Syrian relations for many years, affirming the Assad regime well beyond what was necessary for the normalization of relations thereby creating unrealistic expectations; and secondly, not only repudiating the government in Damascus that had been so recently befriended, but giving all measure of aid and comfort to an ill-defined insurgency without any seeming appreciation of the internal balance of forces in Syria. Ankara acted as if the Assad regime would soon collapse if pushed even slightly by the uprising. Turkey seemed continuously surprised by the resilience of the Assad regime and by the internal, regional, and international support it was receiving. Turkish policy was wrong for several reasons, and embroiled Turkey in a prolonged civil conflict with no end in sight, as well as damaged its image as a prudent and calming diplomatic influence throughout the region.

 

A similar line of criticism can be applied to Davutoğlu’s overall response to the Arab Spring and its aftermath. While it was consistent with the principled side of the foreign policy approach he was pioneering to welcome the events of 2011 in Tunisia and Egypt as transformative, it was premature to pronounce these developments as irreversible, and to anticipate their continuous deepening and regional spread. It soon became evident that Davutoğlu did not adequately appreciate the political will or capabilities of counter-revolutionary forces in the region, and did not seem to take account of the impact of an anti-democratic preoccupation that pervaded the dynastic politics of the well-endowed monarchies in the region. The role of Saudi Arabia and the UAE, for instance, in using their petroleum wealth and political leverage to promote a military takeover and bloody crackdown of the Muslim Brotherhood in Egypt altered the political balance in several countries, and took an unquestionable precedence over even the sectarian impulses of these political actors in their opposition to Shiite Iran. Shocking in this regard is the tacit strategic compact of these Arab governments with Israel that even went so far as to endorse the 50 day criminal onslaught directed at Hamas in the West Bank and Gaza that commenced on July 8th.

 

More difficult to analyze, but at least somewhat questionable, was the degree to which Turkey, despite trying to pursue its own distinctive brand of diplomacy in this Davutoğlu era also seemed to be going along with some dubious policies of the United States. In this regard, I would mention a limited collaboration with the failed military interventions in Afghanistan, Libya, and of course, Syria. It is also debatable as to whether Turkey should have consented to NATO’s deployment of defensive missile systems on its territory, which Moscow understandably viewed as provocative. What seems called for in the future is greater selectivity in maintaining Turkey’s strong alignments with the United States and NATO.

 

All in all, Ahmet Davutoğlu has had a remarkable run as Foreign Minister, and as Turkey’s new Prime Minister, is almost certain to embellish further his many notable contributions to the success of post-Kemalist Turkey. His thoughtfulness about policymaking combined with his personal integrity and decency combined with the highest levels of professional competence make him a rarity among politicians. I have long been impressed by Davutoğlu’s clear understanding of how Turkey’s effectiveness internationally is an outcome of the confidence generated by domestic success. This requires achieving political stability, economic development, protecting human rights and the environment, as well as creating and the further strengthening of the procedures and substance of an inclusive democracy that is fair and beneficial for all citizens regardless of their ethnic and religious identities. With such leaders committed to this progressive worldview, Turkey can look forward to a bright future. Turkey is poised to play a crucial role as a force for peace and justice in the roiled waters of the Middle East, in surrounding regions and sub-regions, and even in the world.

 

 

 

Prosecuting Syrians for War Crimes Now

5 Jun

 

 

            A major undertaking of the victorious powers in World War II was to impose individual criminal accountability upon political and military leaders for alleged crimes committed during wartime before a tribunal convened by the victors that gave those accused a fair opportunity to present a defense. This application of this idea of accountability to German and Japanese surviving leaders at trials held in Nuremberg and Tokyo was hailed at the time as a major step in the direction of a ‘just peace.’ International law was treated as binding upon sovereign states and those that represented the government, conceived to be a major step in the direction of a global rule of law. The final decisions of these tribunals also produced a narrative as to why World War II was a necessary and just war. Such an outcome was both a vindication of the victory on the battlefield and a punitive repudiation of those who fought and lost. Significantly, this criminal process was formally initiated only after the combat phase of the war had ended and Germany and Japan had surrendered.

 

            There were skeptics in 1945 that whispered ‘victors’ justice,’ and insisted that this ‘Nuremberg experience’ was a partisan exercise in truth-telling. Above the courtroom hung an invisible sign reading ‘only losers need enter here.’ The Nuremberg goddess of ‘war justice’ wore no blindfold, assessed with one eye the crimes of the losers and averted her other eye so as not to see the crimes of the winners. In the actual trials those whose criminality was being assessed were not accused of any crimes that resembled the practices of the winners, and were not allowed by the tribunal bring up in their defense any of their alleged crimes.

 

            Many wanted to overlook this flaw, and move on to create a justice system that would indeed operate on the basis of the nature of the act as criminal or not, and not make criminality depend on the identity of the actorBut moving toward the ideal of equality before the law has not been easy. It requires elevating international criminal law above the precepts of geopolitics. Yet the impulse to do so in form has surfaced strongly in the aftermath of the Cold War, but we have yet to see any corresponding substantive transformation that must occur if equals are to be treated equally in international criminal law.

 

            Against such a background, the attempts to hold individuals, whether acting on behalf of governments or insurgencies, individually accountable for war crimes is treated as a core element of global justice. Since the International Criminal Court (ICC) was established in 2002, an institutional mechanism exists on a global level by which to apply international criminal law in an objective and authoritative manner. Further there exists convincing proof that horrifying atrocities have been committed in the course of the Syrian civil war, principally by the government and armed forces of Syria, and to a far lesser extent by various factions among the fragmented opposing rebel forces. In these circumstances, it would certainly seem appropriate to charge both Syrian government officials, including military commanders, and members of the insurgent opposition, with such crimes.

 

            France presented a resolution to the UN Security Council on 22 May calling upon the ICC to investigate allegations of war crimes in Syria, and to proceed with prosecutions to the extent possible. The resolution was supported by a 13-2 vote, yet it failed to pass because the two dissenting votes were cast by Russia and China, countries enjoying a right of veto. As might be expected, there have been angry explanations of the result given by both sides. According to the Russian delegate, the French initiative was nothing more than ‘a publicity stunt’ that would hamper, or even preclude, the difficult search for a diplomatic end to the strife. The Western reaction, significantly endorsed by the UN Secretary General’s office, declared that such a use of the veto was ‘irresponsible,’ even ‘disgraceful.’ It amounted to a de facto grant of impunity to the worst perpetrators of state crime active on the planet at this time.

 

            I believe that both of these contrasting reactions are understandable, and can be given a qualified endorsement despite seeming to contradict one another. The Russian reaction reflects a view that the main motivations for such a resolution is to weaken the legitimacy of the Damascus regime in the midst of an unresolved struggle for control of the country, and in this sense is better interpreted geopolitically as an irresponsible propaganda move rather than as a genuine attempt to promote criminal justice. As well, it has been Moscow’s insistence all along that the only way to end the violence in Syria is by way of diplomatic compromise. Thus, any attempt to indict Syrian leaders as war criminals while the fighting persists weakens the already dim prospects of resolving the conflict by diplomacy. It gives Assad and other Syrian leaders, the circle of those that likely would have been indicted, strong incentives to rely on combat rather than take their chances with diplomacy.

 

            The French approach, strongly supported by the Western powers, especially the United States, focuses on the clear evidence of criminality attributable to the Damascus regime. Such behavior deserves to be formally criminalized, and the fact that the Assad regime remains in power enhances the urgency of doing so. There is no need to look beyond these facts, and taking such action may increase the pressure on the Syrian government to seek accommodation.

 

            Further along these lines, the argument that recourse to the ICC will end diplomatic efforts to end the violence is specious. Conventional diplomacy has been given many chances, and has failed. They claim that diplomacy has been repeatedly tried and failed, including reliance at the highest levels on the good offices of the UN and Arab League through the determined efforts by Special Envoys, first, Kofi Annan and the Lakhdar Brahimi. To act as if diplomacy might succeed in the future is mainly a diversionary tactic to discourage taking immediate steps that might bring the war to an end in ways that are helpful to the aspirations of the majority of Syrians. The supporters of the French resolution argue that activating the ICC will produce public indignation, swing support to the insurgent side, and produce a more politically and morally desirable end game to the conflict by discrediting the Damascus regime and empowering the opposition within Syria, the region, and the world. There are many uncertainties exposed by this debate. It is difficult to reach a clear conclusion as to which side is more persuasive, but there are a series of considerations that should be taken into account, and add weight to those who voice skepticism about the French initiative.

 

            Motivation. There are reasons to think that this effort at this time is mainly an expression of frustration and desperation, and as such a misuse of the ICC by Western powers. True, the crimes of the insurgent rebels as well as those of the Syrian government were included in the proposed resolution, but the motivation was to delegitimize the Damascus government. Yet the rationale for initiating a criminal investigation directed at the leadership of all participants in the midst of a civil war for the control of the country seems like a misdirected move that is made in the face of the failure of earlier Western efforts to intervene sufficiently on the insurgent side .to produce regime change

            Timing. To use the ICC in the midst of an ongoing civil war in Syria is to take sides, and thus interfere with an ongoing internal struggle for control of the state and society. Mentioned above, even the Allied Powers in World War II waited until the guns fell silent before initiating any criminal process. As such, acting in the present setting interferes with the right of self-determination enjoyed by the people of Syria. Yet since there has been already considerable interference through funding and material support, the preconditions for self-determination do not exist, making an end to the violence that has been so devastating for the population of the country a primary goal. This makes it seem that the most important question to ask is whether criminal indictments while the war rages is likely to hasten or delay an ending of the conflict. And since neither side has shown the ability to prevail, the Russians seem right in their insistence that despite disappointments with earlier efforts, diplomacy continues to be the only path forward, although it is admittedly narrow.

           

            Justice. Is justice served when the authority of the ICC is invoked as a political instrument to influence the outcome of a civil war? There are reasons to worry about the discrediting impact of double standards. Why was there never any initiative to pursue leaders of the United States and the United Kingdom during the course of the Iraq War, which also included many incidents that seemed to qualify as crimes against humanity? This question takes on greater weight when added to earlier criticisms of the profile of the ICC, which has pursued a variety of sub-Saharan African leaders, but few others. It is also relevant to recall that the Serbian leader, Slobodan Milosevic, was indicted in the midst of the Kosovo War in 1999 undertaken without UN authorization by NATO, again seemingly motivated by the urge to strengthen public support for the justness of a legally controversial military effort to end Serbian administration of Kosovo. Again in the NATO led military operation against the Libyan regime, the ICC issued arrest warrants for the Qaddafi leadership while NATO planes were bombing Tripoli. In effect, the allegation being made by critics of such war crimes prosecutions is that the whole undertaking has been politicized in ways that lead to a selective application of the law that seems inconsistent with claims of justice. In effect, the criticism of Nuremberg still applies—only losers and the weak are accountable. For the others, impunity.

 

            Feasibility. The unlikelihood of obtaining personal jurisdiction in relation to the principal perpetrators of war crimes in Syria, especially Bashar al-Assad and major political officials and military commanders, makes the claimed rationale for seeking indictments at this stage also suspect. Proceeding now seems to have as its main justification a means to add moral weight to the position of pro-insurgency governments that something more should be done to stop the criminality of the Assad-led government. Reinforcing this reasoning is a consensus that since military intervention is not feasible and diplomacy has failed, the only option left is to charge Syrian leaders with crimes against humanity. The ICC provides a venue to mobilize pressure for giving additional help to the rebels, and at the same time depriving the Damascus government of whatever is left of its legitimacy. The fact that the French resolution calls also for an investigation of possible crimes against humanity committed by the opposition, while not being frivolous, is nevertheless certain to receive far less attention in the event tha the UNSC had given the ICC a green light.

 

            There is a serious question as to whether it is appropriate to use the ICC to gather evidence and prepare an indictment in circumstances where prospects of prosecution are remote and an ongoing struggle for control of the Syrian state remains unresolved. Such limitations also would seem to reinforce concerns about the timing of this initiative. It makes recourse to ICC not only ineffectual as a means to pursue criminal justice, but damaging to the credibility of this fledgling international institution that was created, it should be remembered, to overcome the vagaries of geopolitics, not to serve as their instrument for engaging in maneuvers.

 

            Concluding Comment. There are two intertwined concerns: First, whether seeking criminal indictments of Syrians accused of crimes against humanity is on balance helpful or harmful in relation to the search for peace that has so far proved fruitless. This issue should be considered in relation to prospects for resolving the devastating conflict in Syria that has already lasted for more than three years.

 

            And secondly, whether such recourse to the ICC would strengthen or weaken this judicial institution, and its need to overcome the strong impression of operating on the basis of double standards in relation to criminal accountability. So far all efforts to use the ICC in response to crimes alleged against Western countries have been rebuffed, and Western leaders have enjoyed impunity and have minimized their own participation in the activities of the ICC except when it serves their interests in going after adversaries. A tiny opening is the recent indication that the ICC is formally investigating criminal charges relating to the abuse of Iraqi detainees by United Kingdom occupying forces in the years after 2003. Perhaps, the times are changing, after all!

 

After Turkey’s March 30th Local Elections

13 Apr

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            Never in the history of the Turkish republic have municipal elections of the mayors of cities and towns meant so much to the political life of the country as those held on March 30. It is not a sudden turn to localism around the country or in the big cities, although the commercializing of the urban landscape in large Turkish cities, especially Istanbul, is a matter of serious concern to an influential and discontented segment of the citizenry. The primary explanation for this great interest in these local elections, exhibited by a record voter turnout, had to do with an embittered and multi-faceted opposition to the national leadership provided by the Justice and Development Party (AKP), and above all, by its controversially charismatic leader Recep Tayyip Erdogan. Both the government and the opposition treated these elections as a referendum on the leadership being bestowed upon the country by Erdogan, its stormy prime minister during the past 12 years.

 

            What was surprising about the outcome to most observers was the persisting strength of public support for AKP leadership, reflecting a widely shared approval on the part of ordinary Turks combined with the sense that the main opposition forces, the Republican People’s Party (CHP) and the National Action Party (MHP), had little to offer the country, and if given the chance to govern would likely plunge the country into recession and chaos, and possibly even collapse. In such an inflamed atmosphere, the AKP received approximately 45% of the vote, up from 39% in the last local elections held in 2009, while the Kemalist Republican People’s Party (CHP) received 28% and the rightest National Action Party (MHP) about 14%. The support of the CHP was mainly concentrated in the large Turkish cities in the West. In the cities of the Turkish East where minorities often dominate, especially Kurds, the CHP turns its back, has no organizational presence, and received less than 1% voter support in such leading cities as Diyarbakir, Van, Sanliurfa. It is a strange anomaly of Turkey that in a country of 77 million the AKP is the only political party that competes for votes throughout the entire country, and seems responsive to the expectations and grievances of all sections and ethnicities.

 

            Looked at differently, the election returns also disclose that 55% of the Turkish public opposes Erdogan and the AKP, and this would suggest that Erdogan’s presumed presidential ambitions might never be realized. In the presidential elections scheduled for this August the winner must poll over 50%, although not necessarily on the first round. Erdogan’s candidacy might still be a possibility, if done with the support, or at least acquiescence, of the current president, Abdullah Gul, and if the Kurds could be persuaded to vote, Erdogan, which is a distinct possibility. As of now, Erdogan has not disclosed his intentions about the presidency or, more generally, his political future. Whatever happens, so long as Erdogan remains active, his presence is likely to be the lightning rod that dominates the Turkish political landscape, and keeps the atmosphere tense.

 

            From an outsider’s perspective this level of reaffirmation of citizen confidence in the AKP and Erdogan seems implausible at first glance. The mainstream international media has been increasingly hostile toward Turkey since 2010 or so, especially contending that his leadership in recent years was slouching toward authoritarian rule. This line of criticism portrayed Erdogan as a Turkish version of Vladimir Putin. This international turn toward a critical view of Erdogan undoubtedly reflected several developments: the deterioration of Turkish-Israeli relations following the Gaza War of 2008-09 culminating in the Mavi Marmara incident the following year in which Israeli commandos killed nine Turks on a Turkish passenger ship carrying humanitarian supplies to beleaguered Gaza in defiance of an Israeli blockade; the Turkish pursuit of a foreign policy line more independent of American priorities, especially in relation to Iran, highlighted by a 2010 Turkish/Brazilian initiative to resolve tensions surrounding Iran’s nuclear program and followed by a related refusal of Turkey to go along with the Western push in the UN Security Council for intensifying sanctions on Iran; and more recently, with Turkey standing almost alone in the Middle East and the West in its refusal to welcome the 2013 military coup against the Muslim Brotherhood led Egyptian government or to be silent when the new military leadership under General Sisi committed vicious state crimes against those that resisted the efforts of the new regime in Cairo to impose total control over the society after overthrowing the elected Morsi government.

 

            Such Turkish deviations from the Western consensus on regional policy were not really as dramatic or systemic as made to appear. The Turkish Government has long made it clear that restoration of normal diplomatic relations with Israel would be welcomed if Tel Aviv acted reasonably, and accepted responsibility for the Mavi Marmara deaths and lifted its unlawful blockade of Gaza maintained since mid-2007. In relation to Iran, the NATO group has always claimed, as does Turkey, to seek a diplomatic solution, and seemed at one stage even to encourage and welcome the Turkish/Brazilian initiative to find a solution for the storage of Iran’s enriched uranium. Besides, Ankara’s relations with Iran have cooled considerably in light of their opposed positions in Syria. Further, given the bloody record of the post-Morsi leadership in Egypt, the United States and others in the region should by now feel ashamed of their failure to stand up for democratically elected leaders and insist that the Sisi leadership show at least minimal respect for the rule of law and human rights before lavish economic assistance is forthcoming.

 

            Additionally, on a host of other issues Turkey remains solidly in the Western camp, including the controversial deployment of defensive NATO missile systems on its territory, strong opposition to the Assad regime in Syria, provision for over one million Syrian refugees in a form that meets international standards, tendering of crucial and unwavering support for the Syrian rebel insurgency, and participation in the NATO intervention of 2013 in Libya, and even in the controversial NATO operation in Afghanistan. On balance, Turkey in recent years was doing nothing more disruptive of its long-term Western orientation in foreign policy than to behave like an independent sovereign state of rising regional influence and global status. Turkish behavior should have been viewed in Washington and Europe as a positive and natural development in this post-Cold War era, especially if compared with the violent instability, entrenched authoritarianism, and economic stagnancy that continues to prevail throughout most of the Middle East.

 

            Undoubtedly, the domestic realities of Turkey, even ignoring the recent flare ups, seemed likely to weaken Erdogan’s hold on popular support. To begin with, any democratically elected leadership that has been in power for more than a decade has a tendency to make an increasing proportion of its citizenry restless. Furthermore, most political parties to long in control of the government become increasingly susceptible to corrupting temptations. Such extended governance even without scandals generates feelings in the public that it is time for a change. Although in Turkey such a prospect of change is worrisome, as the alternatives to AKP leadership seem so lacking in capacity and vision. It is a definite weakness of Turkey’s political life that there is absent a responsible opposition that could at least elevate the level of policy debate and offer constructive ideas about addressing national policy options. Without such a responsible opposition the body politic of a democratic society is subject to the unhappy choice of relying indefinitely on a single governing party or taking its chances with the irresponsible opposition that may not even be able to manage the economy, much less steer the ship of state through the perilous political waters of the region.

 

            In the background, was a deep seated and uncompromising opposition to the AKP and Erdogan on the part of the old secular establishment that had ruled the country ever since its initial electoral success in 2002. Such sentiments of discontent in Turkey were given a fierce endorsement by the Gezi Park demonstrations of mid-2013, and even more so by the lethal force used in response by the government to maintain public order. Whether these developments did more than strengthen the will and intensify the shrillness of anti-Erdogan forces is hard to say, but the recent electoral results suggest that no serious erosion of pro-AKP support occurred. Erdogan’s abrasive refusal to address the Gezi protests in a respectful and statesmanlike language that sought reconciliation produced widespread critical comment at home and abroad. His initial praise for police tactics also alarmed commentators, and reinforced the impression that Erdogan was insensitive to the abuse inflicted on aroused citizens who were doing nothing more than exercising democratic rights of peaceful protest. It is also relevant to note that the international media was much more critical of Erdogan’s response to Gezi Park than to the far bloodier responses of General Sisi’s regime to peaceful demonstrations of the Muslim Brotherhood in the public squares of Cairo. Also, it should be taken into account, that what started in Gezi Park as a youth movement of environmental protest against the destruction of a heritage site in Istanbul quickly escalated into an anti-Erdogan hate fest, calling for his resignation, if not his head, and savagely attacking the entire economic and political program being pursued by the AKP. Also overlooked by the international media and internal opposition were the several moves toward reconciliation made by Erdogan, including meeting with opposition leaders, accepting a judicial decision as to the future of Gezi Park, and generally, trying, if belatedly to calm the situation and move on.

 

            What followed after Gezi in recent months came as a startling surprise to most outsiders, and seemed far more threatening to the AKP hold on political power: the split between the Hizmet Movement headed by Fetullah Gulen from his unusual command center in rural Pennsylvania and Erdogan. This split dramatically ruptured the unity of the two leading Islamic tendencies in Turkish political and cultural life. Without considering the complexity of what produced this bitter conflict between these two powerful Islamically oriented personalities, it seemed that such an organizational cleavage would gravely weaken the AKP appeal, especially against the background of seemingly rising dissatisfaction that seemed on the increase throughout Turkey in recent years. This dissatisfaction seemed further magnified by the spectacular corruption charges put forward on December 17, 2013, purporting to implicating the highest levels of the Erdogan administration, and inducing four ministers to resign in disgrace. There were additional accusations of major corruption also directed at Erdogan and his son, but the evidence made public so far relies on untrustworthy and possibly fraudulent, and certainly unlawful, surveillance tapes that did not enjoy high credibility.

 

            Assessing the overall leadership of Erdogan is not an easy task. Ever since the AKP came to power Erdogan has been hated by the Turkish secular opposition and adored by his populist followers. In the early years of the AKP administration, Erdogan was cautious, pragmatic, and exceedingly effective in steering the country onto a course of action that involved economic growth, the control of inflation, a pronounced effort to accommodate the European Union’s criteria for membership, control of the armed forces, relative mildness in his personal pronouncements, and a range of regional and extra-regional foreign policy initiatives that won widespread admiration around the world. Despite the electoral mandate and difficulties associated with a resistant bureaucracy that reflected largely CHP and MHP views as to Turkish national policy, it seemed clear to most objective observers that Turkey was under capable leadership impressively pursuing constructive national goals, especially as compared to unfolding events elsewhere in the Middle East.

 

            Yet, the opposition was unwilling to act responsibly, seeming to be only interested in finding reasons to attack the Erdogan administration, and even to generate a crisis of legitimacy that would be conducive to a coup of the kind that had displaced several elected Turkish governments in the past. Talking to secular critics in the early years of AKP governance, there were several lines of response all aggressively hostile: the main one was the suspicion that the real intentions of the AKP was secretly to prepare the ground for making Turkey into ‘a second Iran,’ that is, a governing process reflecting Islamic values and contrary to the secular principles associated with the founding vision of Kemal Ataturk and enshrined in the Turkish constitution; a somewhat less belligerent theme of the AKP critics was to belittle its record of success, which was difficult to deny altogether, as a byproduct of the Turkish effort to satisfy EU requirements for membership or benefitting from the good luck of an economic package that had been bestowed on the country by the IMF and took hold just in time for the AKP to claim credit for a record of sustained economic growth that it didn’t deserve.

 

            As time passed, two things became obvious: first, the Turkish armed forces were not willing, as in the pre-AKP past, to take control of and responsibility for the state, suggesting that the democratically elected AKP was no longer on a collision course with the military as had been a widespread conjecture in the years immediately following their electoral victory in 2002; and secondly, the Turkish citizenry confirmed their support for the AKP in election after election up through the just concluded local elections of 2014, and especially exhibited an expanding base of support for AKP in the 2011 national elections. This trend and the 2011 outcome added to the polarization that reflected the atmosphere of distrust and hostility on both sides of the Turkish political divide. It is true that after 2011 Erdogan often behaved as if intoxicated by political success and the tangible achievements during his time as head of state. The opposition became hysterically alienated, both convinced that they possessed no democratic path by which to displace the AKP from the commanding heights in Turkey and fearful and angry about Erdogan’s more strident and opinionated portended a descent into oppressive rule. Putting the issue in more conceptual terms, Erdogan was becoming more of a populist leader buoyed by the enthusiasm of his political base, interpreting the 2011 electoral mandate from the perspective of majoritarian democracy, that is, without taking into account the views of the opposition, ruling on behalf of the majority rather than exhibiting sensitivity to the interests of the whole of Turkish society.

 

            On the night of the March 30 elections, Erdogan delivered a victory speech from the balcony of his official residence that could be read in either of two ways, and probably should be understood as expressing an unresolved tension in his own mind. Because of some aggressive language directed toward the opposition, especially bitterness toward the tactics and behavior of the Gulen movement, it could be viewed as it was in a NY Times editorial as indicating Erdogan’s thirst for revenge. His words were strong: “We’ll walk into their dens..Now is the time to comb them out, with the law. Why? Because from now on, neither the nation nor we will show tolerance to such networks.” It seemed to suggest that with the elections behind, a purge of Gulen adherents would be carried out with merciless resolve by the Turkish state.

 

            There was a different message also contained in the speech. It was a message of reconciliation and unity, addressed to the whole of the country, and celebrating, rather than bemoaning Turkish diversity. “We have said one nation with Turks, Kurds, Laz, Caucasians, Abkhasians, Bosniaks and Roma people. I love them as a Turk for being a Turk, a Kurd for being a Kurd, or a Laz for being a Laz.” This multiculturalism was reinforced further: “Today..the process of national unity and fraternity won. Not even one person among the 77 million lost, because a cadre that is ready to serve them without any discrimination is in office.” This is a welcome departure from an ethno-nationalist past nurtured by Ataturk in the state-building early phase of modern Turkish history, in which being Turkish overrode non-Turkish ethnic identities, producing discrimination and sometimes severe and dangerous tensions, especially in relation to the large Kurdish minority.

 

            As we look to the Turkish future we can thus see two different dominant scenarios of AKP/Erdogan leadership: the first is to remain in an internal confrontational mode with a combative leadership in Ankara lashing out at all those that disagree with its style and substance; the second is to give meaning to the promise of leadership on behalf of the whole of Turkish society, requiring Erdogan to moderate his rhetoric and to be less publicly opinionated about social life style issues, and to restore a foreign policy approach dedicated to the peaceful settlement of regional conflcts and positive engagement with Africa, the Balkans, and Central Asia. Two starting points for this preferred approach would be a concerted revival of the Kurdish initiative, which seemed quite hopeful a few months ago and a reset on Syria that gave priority to ending the violence and addressing the humanitarian emergency in the country and supported an inclusive diplomacy that tried hard to make Iran part of the solution rather than the core of the problem.

 

            At stake, is the quality of Turkish democracy, which must at once value the procedures of election, but also confirm the importance of constraints on the power of the state via genuine support for the rule of law, freedom of expression in the media, accountability of political leaders, a credible anti-corruption campaign, and a respectful attitude toward the political opposition. In effect, what is being proposed is a move away from the excesses of majoritarian democracy, and toward the implementation of republican ideas of separation of powers and checks and balances. Of course, also, the opposition needs to play its part by desisting from demonizing the leadership, acknowledging the accomplishments of government alongside the mounting of criticisms of its shortcomings, and adhering itself to legal and responsible limits associated with respect to surveillance and the use of social media. Turkey retains the potential to carry a bright torch of hope into the future if it can restore political stability, sustain economic growth, engage with the more democratic trends in the region, and resume a foreign policy that rests on ethical principles and ambitions as well as national interests.

 

            The assessment of the deadly sarin gas incident that killed as many as 1500 people living in the Ghouta neighborhood on the outskirts of Damascus on August 21, 2013 has now cast a new dark shadow across the Turkish post-election political scene. Seymour Hersh, a highly respected American investigative journalist, has recently published a devastating account of how the Turkish government facilitated the acquisition of sarin gas by the Al Nusra Front in Syria with the intention of producing a false flag operation in Syria that would cross Obama’s red line relating to chemical weapons, and lead to a devastating American air attack on Syria, and swing the war there back in favor of the anti-Assad insurgency. [See Seymour M Hersh, “The Red Line and the Rat Line,” London Review of Books, April 6, 2014; reinforcing Hersh’s account is an interpretative article by Robert Fisk, an equally prominent journalist, appearing on April 10, 2014 in The Independent with the inflammatory title, “Has Recep Tayyip Erdogan gone from model Middle East ‘strongman’ to tin-pot dictator?”]

 

            This scenario that came perilously close to happening, being aborted at the last minute by the unwelcome realization in the Obama White House that the sarin attack could not be convincingly attributed to the Assad regime. According to Hersh’s analysis Obama shifted course at the last minute when it became clear that the evidence indicated that it was rebel forces, and not the Damascus government, that fired the missiles containing the poison gas into a crowded urban area. Obama reportedly changed course when presented with the revised account of the events on August 21 by the top American military commanders. Both the United States and Turkish Governments have issued sharp denials of the Hersh allegations, and continue to insist that there still are no reasons to doubt that the attack on Ghouta was done by Assad’s forces. Whatever the reality, this controversy has been seized upon by Erdogan’s foes in Turkey to renew their attack on the legitimacy of his leadership. These charges are extremely serious, and if reliably established and do not just fade away, could tip the Turkish balance against Erdogan as an acceptable political leader.       

 

The Obsolescence of Ideology: Debating Syria and Ukraine

23 Mar

 

            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 17th 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.

Syria: What to Do Now

26 Feb

 

            There is a new mood of moral desperation associated with the ongoing strife in Syria that has resulted in at least 135,000 deaths, 9.3 millions Syrians displaced, countless atrocities, Palestinian refugee communities attacked, blockaded, and dispersed, and urban sieges designed to starve civilians perceived to be hostile. As the second round of negotiations in Geneva-2 ended as fruitlessly as the earlier round, there is a sense that diplomacy is a performance ritual without any serious intent to engage in conflict-resolving negotiations. Expectations couldn’t be lower for the as yet unscheduled, but still planned, third round of this Geneva-2 process.

 

The Damascus regime wants an end to armed opposition, while the insurgency insists upon setting up a transition process that is independently administered and committed to the election of a new political leadership.The gap between the parties is too big, and getting bigger, especially as the Damascus government correctly perceives the combat tide as turning in its favor, leading the main opposition forces seemingly to seek to achieve politically and diplomatically what they appear unable to do militarily. Also, it is unclear whether the opposition presence in Geneva has the authority to speak on behalf of several opposition groups in the field in Syria.

 

In light of these frustrations it is not surprising to observe an acrimonious debate unfolding between American interventionists who believe that only force, or at least its threat, can thread the needle of hope. The interventionists, invoking the responsibility to protect norm that was used effectively to mobilize support in the Security Council to mandate a no fly zone in Libya back in 2011, suggest that such an approach should be used again in 2014 either to establish a no fly zone opening a corridor that will allow humanitarian aid to flow to besieged cities or to achieve regime change in Syria as the only way to end the ordeal by ridding the country of a governing process guilty of repeated mass atrocities against its own people.

 

The anti-interventionists point out that the Libyan precedent of 2011 is tainted by the deliberate expansion of the humanitarian scope of what was authorized by the UN Security Council to undertake a much wider campaign with the clear intent of regime change, which in fact ended with the capture and execution of Qaddafi, then the head of state in Libya. It is also somewhat tarnished by the post-Qaddafi realities of widespread militia violence and the failure to develop a coherent and legitimate governance structure. The anti-interventionist argue that introducing external military force almost always makes matters worse, more killing, more devastation, and no politically sustainable outcome, and there is no good reason to think this will not happen in Syria. Furthermore, without a Security Council mandate such a use of military force would once again be undertaken in violation of the UN Charter and international law as it could not be justified as self-defense.

 

Providing humanitarian relief in a situation mainly free of internal political struggle should be sharply distinguished from the realities amid serious civil strife. The response to the Somali breakdown of governability during the presidency of George H. W. Bush in 1992, is illustrative of a seemingly pure humanitarian response to famine and disease characterized by a posture of political non-interference and by the shipment of food and medical supplies to a people in desperate need. This contrasted with the supposedly more muscular response to a troubled Somalia during the early stages of the Clinton presidency in 1993 when the humanitarian mission was fused with anti-‘warlord’ and political reconstruction goals. Difficulties soon emerged as robust national armed resistance was encountered culminating in the Blackhawk Down incident that resulted in 18 deaths of American soldiers, prompting an almost immediate American pullout from Somalia under a cloud of intense criticism of the diplomacy of ‘humanitarian intervention’ within the United States. This had the disastrous spillover effect of leading the supposedly liberal Clinton White House to discourage even a minimal humanitarian response to the onset of genocide in Rwanda in 1994, which might have saved hundreds of thousand of lives.  In the Rwanda context the United States Government even discouraged a modest upgraded response by the United Nations that already had a peacekeeping presence in the country, and whose commander urged reinforcements and authority to protect the targets of genocidal massacres. This failure to act in Rwanda remains a terrible stain on America’s reputation as a humane and respected world leader, and is frequently interpreted as a racist disregard of threats confronting an African population when no major strategic interest of Western countries were present on the side of the victims.

 

The Syrian reality since its inception was dominated by a political uprising, later an insurgency, demanding regime change in Damascus.  It was also beset with a leadership deficit and by factionalism that only became worse with the passage of time. It was further complicated and confused by its proxy dimensions, both in relation to the supply of arms and with respect to diplomatic alignment.

 

The humanitarian relief argument to be credible, much less persuasive, needs to deal with the complexities of Somalia 2, and not act as if the humanitarian response can be addressed in detachment from the political struggle as was the case in Somalia 1. When political objectives become intertwined with a humanitarian rationale, forces of national resistance are activated on the reasonable assumption that the real goal of the mission is the political one, and the humanitarian relief is being used as a cover. As we can foresee, this complexity makes for a stiffer climb facing an advocate of humanitarian intervention in the current Syrian tragedy. There exists a more difficult burden of persuasion, although not an impossible one. Indeed, against the background of recent failed interventions, every proposed intervention confronts such a burden at some level. The Syrian case makes this burden more formidable, given the record of past interventions in the region and considering the mixture of forces that make up ‘the opposition,’ which is so far from unified even in carrying on the struggle against the Assad regime, on occasion diverting attention to take action against a rival faction.

 

In fact, the Syrian situation has an originality that makes the Somalia template clarifying, but hardly definitive. The Syrian political struggle is more acute and vicious than was the case in Somalia 2. Also the humanitarian crisis is deeper and the plight of many Syrians caught in the maelstrom of this horrifying war that is both internal and contains regional proxy elements in ways that make it more confusing as to the probable effects of threats and uses of force on behalf of genuine humanitarian goals.

 

My basic contention is that there are no easy answers at this stage as to what should be done about the Syrian situation, and dogmatic discourse for or against intervention misses the deeply tragic nature of the policy predicament for all political actors. I would feel more comfortable about the intervention debate if it were expressed in a discourse that accords prominence to the virtue of humility. Too much in Syria remains unknowable to have any confidence that a clear line of advocacy will be historically vindicated.

 

For me the fundamental question is what it is best to do or not do in such a desperate situation of radical uncertainty. It is not only that the interventionists, and perhaps the anti-interventionists are motivated by a convergence of humanitarian/moral considerations with geostrategic ambitions, but that the nature of these hidden calculations are discussed in governmental circles behind locked doors and transcribed in secret policy memoranda. Until we address these questions of consequences and secret goals in the context of uncertainty and unknowability, the public discourse on what to do about Syria offers limited insight into how best to evaluate policy options being endorsed by policymakers and leaders. I hope that such a discussion will ensue, and replace the rather pointless and dogmatic self-righteous indignation of both interventionists and anti-interventionists.

 

I remember hearing the senior State Department diplomat, George Ball, speak just weeks after he left the government in the closing years of the Vietnam War. His primary message was that he only began to understand the war when he stopped reading the cables, that is the secret highly classified messages being sent by the military commanders and their civilian counterparts in the war zone. In effect, rather than make policy more transparent its counter-intuitive reality was to shroud the reality of Vietnam in greater obscurity. It is easy to explain why. Those in the field were committed to achieving victory, and were determined to provide reassurance, however false, to the leaders back in Washington so that they could deal with growing anti-war pressures that were a combination of public fatigue after almost a decade of engagement  and skepticism based on what became known as ‘the credibility gap’ between the claims of continuing progress in the war and what was actually taking place in Vietnam.  

 

Resolving the Syrian Chemical Weapons Crisis: Sunlight and Shadows

15 Sep

 

            The Putin Moment: Not only did Vladimir Putin exhibit a new constructive role for Russia in 21st statecraft, spare Syria and the Middle East from another cycleof escalating violence, but he articulated this Kremlin initiative in the form of a direct appeal to the American people. There were reasons to be particularly surprised by this display of Russian diplomacy: not since Nikita Khrushchev helped save the world from experiencing the catastrophe of nuclear war in the Cuban missile crisis of 1962 by backing down and agreeing to a face-saving formula for both superpowers, had Moscow distinguished itself in any positive way with respect to the conduct of international relations; for Putin to be so forthcoming, without being belligerent, was particularly impressive in view of Obama’s rather ill-considered cancellation only a few weeks ago of a bilateral meeting with the Russian leader because of Washington’s supposed anger at the refusal of the Russian government to turn the NSA whistleblower, Edward Snowden, over to the United States for criminal prosecution under American espionage laws; and finally, considering that Putin has much blood on his hands given past policies pursued in relation to Chechnya and in the autocratic treatment of domestic political opposition, it was hard to expect anything benevolent during his watch. And so Putin is emerging as a virtual ‘geopolitical black swan,’ making unanticipated moves of such a major character as to have the potential to transform the character of conflict management and resolution in the 21st century.  It should be understood that Putin could have stayed on the sidelines, and benefitted from seeing Obama sink deeper and deeper into the Syrian quagmire, and instead he stepped in with a momentous move that seems to have served the regional and global interest.

Putin has explained in a coherent manner in his opinion piece that was published in the NY Times on September 11th (without invoking the symbolism of  the twelfth anniversary of the 9/11 attacks) that his approach to Russian foreign policy relies on two instruments: soft power and economic diplomacy. He acknowledged American leadership, but only if exercised within a framework of respect for international law and the UN Charter. And he appropriately took issue with Obama’s sentiments expressed a night earlier to the effect that America in its leadership role had a unique entitlement to use force to overcome injustice in situations other than self-defense and even without authorization by the UN Security Council. It was Putin, perhaps disingenuously, who claimed (quite correctly) that such a prerogative was “extremely dangerous.” He rejected Obama’s pretension that a unilateral discretion with respect to the use of force could be inferred from American exceptionalism. Whether disingenuous or not, the requirement of a Security Council authorization for non-defensive uses of force, while sometimes preventing a peacekeeping response by the UN to certain tragic situations of civil strife and humanitarian crisis overall contributed to finding diplomatically agreed upon solutions for conflict and enabled the UN (unlike the League of Nations) to persist despite severe tensions among its dominant members. Let hope that this Putin vituoso exhibition of creative diplomacy prompts his counterpart in the White House to explore more diligently soft power opportunities that will better protect American national interests, while simultaneously serving the global interest in war prevention and the rejection of militarism, and might also have the added benefit of reversing the steady decline of American credibility as a benevolent global leader ever since the end of the Cold War.

Constitutional Balance: Perhaps what might be of even greater importance than averting an ill-considered punitive attack on Syria, is the grounding of recourse to war on the major republican premise of Congressional authorization. There is little doubt that here the efficient cause and anti-hero was David Cameron, who turned to Parliament to support his wish to join with Obama in the attack coalition despite the anti-war mood in British public opinion. Cameron was politically spared by the vote of the House of Commons to withhold authorization. It is hard to believe that Obama’s decision to seek authorization from the U.S. Congress was not a belated realization that if Britain deferred to its Parliament as an expression of constitutional democracy, it would be unseemly for the United States to go to war without the formal backing of Congress. Of course, the Putin initiative saved Obama from the near certain embarrassment of being turned down by Congress, which would mean that either he would follow in Cameron’s and face savage criticism from his hawkish boosters or insist upon his authority as Commander in Chief to act on his own, a prerogative that seems constitutional dubious to support a bill of impeachment. Beyond this, the War Powers Act that would seem to require some emergency justification for the presidential bypassing of Congress in the context of a proposed military action. Hopefully, we are witnessing, without an accompanying acknowledgement, the downfall of the ‘imperial presidency’ that got its start during the Vietnam War. The governmental pendulum in the United States may have started to swing back toward the separation of powers and checks and balances, and thus be more in keeping with the original republican hopes of limited executive authority, especially in relation to war making. This renewal of republican constitutionalism, combined with growing populist skepticism about military adventures abroad, might make this Syrian crisis of decision a welcome tipping point, reversing the unhealthy subordination of Congress in war/peace situations during the last half century and anti-democratic disregard of the views of the citizenry.

But it is also possible that the imprudence of the proposed punitive strike against Syria will turn out to be a one-off experience, and that when and if Iran clearly crosses the weapons threshold in its nuclear program, the presidency will retrieve its lost claims to be the unilateral guardian of national, regional, and global interests without feeling that it must await authorization from the Congress and the UN. Note that Congressional approval, even if in concert with the President, cannot sanitize a use of force that is illegal under international law. It is the state as a whole that is bound by the constraints of international law, and not just the head of state. There are two distinct issues present: the domestic constitutional requirement of collective authorization for recourse to war by the United States; and the complementary international requirement of acting in compliance with international law and the UN Charter (which is itself acknowledged in supremacy clause of the Constitution with respect to validly ratified treaties).

Coercive Diplomacy: Obama/Kerry contend that Syria’s chemical weapons would never have been put under international controls and in an atmosphere of unprecedented international cooperation, but for the credible threats mounted by the U.S. Government. In this regard, the poker style bluff can be said to have worked without any sure proof that the threat would have been carried out in the face of a refusal by Congress to authorize and the public failure to show support for an attack. As matters now seem to be unfolding, assuming that the plans for abolishing the chemical weapons of Syria proceed as agreed, threat diplomacy will be applauded by the Obama administration without any widespread sensitivity to the fact that the international law as embodied in Article 2(4) of the UN Charter prohibits ‘threats’ as well as ‘uses’ of force, although such a prohibition has not been taken seriously as part of the ‘living law’ despite its status as a prime instance of ‘positive law.’ The categorical language of Article 2(4) is unmistakeable: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity and political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”

Syria and its People: In the background of the diplomatic controversy about what to do in response to the large-scale lethal use of sarin gas against the people of Syria on August 21st, was the awareness that such an attack did not even pretend to end the violence in Syria or to produce regime change in Damascus or to change the balance of force in the civil war. From this perspective, it seemed mainly a punitive strike that upheld Obama’s red line credibility, although there was an additional argument set forth that a military strike would have a deterrent impact on any contemplated future recourse to chemical weaponry by the Assad regime and other political actors, assuming that the allegations that the Syrian government order the attack are confirmed and reinforced by the reports of the UN inspection team and other respected sources.

What tends to be given only a secondary glance is the effects of an attack on the Syrian people who have been subject to a harrowing ordeal these past two years that has resulted in over 100,000 deaths, countless wounded, and an estimated 7,000,000, almost one-third of the population, as either internally displaced or forced into overcrowded and under-resourced refugee camps in neighboring countries. Beyond this, the always vulnerable Palestinians have endured Syrian attacks on their refugee camps forcing them to flee once more, to become, quite incredibly, refugees from their refugee arrangements, a largely untold Palestinian tragedy hidden within the larger Syrian tragedy. There is almost no political will on the outside to do anything to stop either the proxy war being waged by states external to Syria or the internal struggle being waged by a fragmented opposition against a discredited government that has been incredibly cruel to its own citizens and strangely indifferent to the great cultural and religious heritage of their own country. There are even grotesque murmurings in the background of strategic chatter in Western circles, suggesting that the best outcome is not an end to the violence, but its indefinite continuation with an effort to calibrate future arms supplies and humanitarian aid with the principal aim of making sure that neither side can achieve victory. If this is not an exposure of the raw immorality of strategic discourse at its immoral nadir, I am not sure what would be.

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Responses to Questions on avoidance of an American Attack on the Assad Regime

14 Sep

Prefatory Note: The following questions were put to me by Patricia Lombroso of the Italian publication, Il Manifesto.

1] How much you think the opposition of the entire world for another war influenced US to put on hold the go ahead to intervention with military attack in Syria.

IT IS DIFFICULT TO MEASURE, AS SUCH AN INFLUENCE IS NEVER ADMITTED. AT THE SAME TIME, I THINK THERE IS NO DOUBT THAT THE ADVERSE OUTLOOK OF THE WORLD’S PUBLIC, ESPECIALLY IN EUROPE, WAS A CLEAR FACTOR IN HALTING THE DRIFT INTO WAR. EVEN MORE IMPORTANT WAS THE REFUSAL OF THE BRITISH PARLIAMENT TO BACK DAVID CAMERON, THE BRITISH PRIME MINISTER. ALSO SIGNIFICANT, WAS WAR WEARINESS IN THE UNITED STATES, WHICH OBAMA MENTIONS FREQUENTLY, WHICH IS A CODED WAY OF ACKNOWLEDGING THE FAILURES OF AMERICAN WAR POLICIES IN IRAQ AND AFGHANISTAN.

2] How much is the ideology favoring “military intervention” on behalf of supposed “humanitarian wars,” still operative in US and the Western world as suggested by finding Hilary Clinton and John McCain on the pro-interventionist side of the Syrian debate.

I THINK THE MILITARIST WING OF BOTH POLITICAL PARTIES TENDS TO CONVERGE ON POLICY OPTIONS THAT ARE DEBATED IN PRE-WAR CONTEXTS WITHIN THE UNITED STATES. SUCH ADVOCACY IS INCREASINGLY OUT OF TOUCH WITH THE POLITICAL CLIMATE IN THE USA, WHICH IS NO LONGER SUPPORTIVE OF WARS THAT SEEM TO LACK A STRATEGIC MAJOR JUSTIFICATION. THERE IS ALSO A  GROWING AWARENESS THAT AMERICAN MILITARY INTERVENTION HAS NOT LED TO SUCCESSFUL POLITICAL OUTCOMES, AND HAVE ENTAILED SERIOUS ECONOMIC DIVERSIONS OF RESOURCES AND HUMAN CASUALTIES THAT ARE NOT JUSTIFIED. THE AMERICAN PUBLIC HAS BEGUN TO UNDERSTAND IS POSSIBLE TO WIN ON THE BATTLEFIELD AND YET LOSE THE WAR. THIS SHOULD HAVE BEEN THE MAJOR LESSON OF THE VIETNAM WAR, BUT IT HAS NOT BEEN LEARNED BY THE POLITICAL LEADERSHIP WHO DERISIVELY REFERRED TO SUCH LEARNING AS ‘THE VIETNAM SYNDROME,’ SOMETHING TO BE OVERCOME. IT WAS GEORGE H.W. BUSH’S FIRST CLAIM AFTER THE GULF WAR IN 1991 THAT “WE HAVE FINALLY KICKED THE VIETNAM SYNDROME.” PROBABLY THINK TANKS ARE ALREADY PRODUCING POLICY PAPERS ON HOW TO GET OVER ‘THE IRAQ SYNDROME”!

3] Is your opinion that the explosion of a war in the Middle East as too

risky in relation to its probable consequences that might have persuaded Obama

to be cautious in planning his moves against the Assad regime in Syria?

IT WAS PARTLY THE SENSE THAT ONCE SUCH AN ATTACK OCCURRED THERE COULD BE SERIOUS UNANTICIPATED CONSEQUENCES AND COSTS THAT UNDERMINED ITS INITIAL RATIONAL. ALSO, THE PROPOSED SCOPE OF THE CONTEMPLATED INVOLVEMENT MADE NEITHER STRATEGIC NOR HUMANITARIAN SENSE. SUCH A CONTEMPLATED ATTACK WAS NOT CAPABLE OF WINNING SUPPORT IN THE UN, IN CONGRESS, AND AMONG PUBLIC OPINION AT HOME AND ABROAD. EVEN IF THE ATTACK WAS SUCCESSFULLY CARRIED OUT IT WOULD NOT LIKELY ALTER EITHER ASSAD’S CONTROL OF THE SYRIAN GOVERNMENT OR THE COURSE OF THE CIVIL OR PROXY WAR AFFLICTING SYRIA. THE IMPULSE TO LAUNCH AN ATTACK BECAUSE  ASSAD HAD CROSSED OBAMA’S RED LINE ABOUT CHEMICAL WEAPONS SEEMED LIKE AN OVERLY PERSONAL, ARBITRARY, AND UNTENABLE JUSTIFICATION FOR MILITARY ACTION WITH ITS VARIOUS RISKS AND HUMAN COSTS, INCLUDING THE ALMOST CERTAIN DEATH OF INNOCENT PERSONS. THE FACT THAT OBAMA WAS RESCUED BY PUTIN AND OPPOSED BY A REACTIONARY CONGRESS ADDED AN IRONIC DIMENSION TO THE TWISTS AND TURNS OF U.S. POLICY ON SYRIA. THE SITUATION IS STILL UNFOLDING WITH NO CLEAR WAY TO PREDICT THE OUTCOME, ALTHOUGH THE RENEWED TURN TOWARD DIPLOMACY ENGENDERED A GLIMMER OF HOPE. FOR THE SAKE OF THE SYRIAN PEOPLE, AND THE STABILITY OF THE REGION, THE PRIME GOAL SHOULD BE A DOMESTIC POLITICAL PROCESS THAT PROJECTS A FUTURE FOR SYRIA THAT COMBINES UNITY WITH THE DEVOLUTION OF AUTHORITY IN EFFECTIVE FORMS THAT BRING HUMAN SECURITY TO THE VARIOUS ETHNIC AND RELIGIOUS COMMUNITIES THAT CONSTITUTE 21ST CENTURY SYRIA.

AFTERTHOUGHT: THE U.S. AND RUSSIA HAVE NOW REACHED AN AGREEMENT THAT HAS BEEN ACCEPTED IN DAMASCUS TO THE EFFECT THAT SYRIA WILL AGREE TO ACKNOWLEDGE ITS STOCKPILES OF CHEMICAL WEAPONS, AND HAVE THEM DESTROYED BY MID-2014 UNDER INTERNATIONAL SUPERVISION AND VERIFIED BY UN INSPECTORS. THE PROVISIONAL OUTCOME, ASSUMING IT HOLDS UP, REPRESENTS A MASTER TRIUMPH OF RUSSIAN DIPLOMACY, A GEOPOLITICAL SETBACK FOR AMERICAN GLOBAL LEADERSHIP, AND AN AMBIGUOUS VICTORY FOR THREAT DIPLOMACY. THE OVERALL RESULTS IN RELATION TO HOLDING LEADERSHIP DEMOCRATICALLY ACCOUNTABLE BEFORE LAUNCHING NON-DEFENSIVE WARS AND DETERRING THE USE OF WEAPONS OF MASS DESTRUCTION REMAINS TO BE SEEN.

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Syria: Obama’s Surprising (and Confusing) Latest Moves

1 Sep

 

 

            President Obama’s August 31st remarks from the White House Rose Garden will long be remembered for their strangeness, but the final interpretation of their significance will have to await months if not years. There are three dimensions, at least, that are worth pondering: (1) seeking Congressional authorization for a punitive military attack against Syria in support of the treaty prohibition on recourse to chemical weapons in an armed conflict; (2) reconciling any endorsement of an attack by Congress with United States obligations under international law and with respect to the United Nations and its Charter; (3) assessing the degree to which American war making prerogatives continue to operate within an unacceptable domain of American exceptionalism.

 

            In framing the issues at stake Obama set forth the fundamental policy choices in a rather incoherent manner:

 

            –first of all, he asserted that on the basis of evidence available to the United States Government, that the Assad regime was without doubt responsible for the massive chemical weapons attack of August 21st directed at the Ghouta residential neighborhood on the outskirts of Damascus, and causing over 1,000 civilian deaths, including several hundred children. The Russian president, Vladimir Putin, clearly articulated the grounds for skepticism about this American construction of the Ghouta atrocity. He put forward a strongly worded request that the allegations be confirmed by the release of convincing evidence. This is a reasonable demand. Many around the world have questioned why Assad would launch such a provocative attack to coincide with the arrival of UN inspectors, and when the battlefield balance was tipping in favor of the Damascus regime. All along such important figures in the Obama administration, especially John Kerry and Joe Biden, have arrogantly dismissed the relevance of any information provided by the UN inspection team. In light of the gigantic deception relating to Saddam Hussein’s supposed weapons of mass destruction (WMD) arsenal, which was more politely described long after the event as an ‘intelligence failure,’  it would have been appropriate for Washington to admit that it has a credibility problem in winning governmental and popular support for an attack on Syria. Its refusal to acknowledge such an issue merely deepens suspicions.

 

            –secondly, Obama informed listeners that “..after careful deliberation, I have decided that the United States should take military action against Syrian regime targets.” He added that he made this decision “as Commander-in-Chief on what I am convinced are our national security interests.” This conclusion was explained to rest on the importance of punishing such a crime against humanity and deterring future recourse to chemical weapons and other weapons of mass destruction by Syria, as well as sending a message to Iran and North Korea about America’s readiness to use force to uphold such norms of international law.

 

            –thirdly, there was no effort in Obama’s remarks to show why, absent a UN mandate, the United States in coalition with a few other countries, had the legal authority to attack a sovereign state in a circumstance other than self-defense.

 

            –fourthly, although the decision against involvement by the British Parliament was noted, there was no consideration as to whether such an outcome should bear on American policy. Nor was the German or Italian

unwillingness to join in the attack noted, nor that of the Arab League. But the French support was duly appreciated, including a dig at the United Kingdom, by reminding his listeners around the world that it was France that was America’s “oldest ally.” (It is worth noting that the roles of these two European friends were directly reversed in the context of the Iraq War; then, it was the French more conservative led government that opposed participation, while now a socialist leader in Paris supports an attack against Syria).

 

            –fifthly, and in the most dramatic passage in the speech, Obama announces that because the United States is a proud democracy he has made “a second decision: I will seek the authorization for the use of force from the American people’s representatives in Congress” by calling for a debate and vote. No mention is made of a time frame, nor how he would react in the event

that authorization was not forthcoming. Such an eventuality would set up a potential tension between his duties to uphold national security and an obligation of deference to a decision by Congress on the vital matter of authority to wage war. Obama touched all the bases by saying, “Yet, while I believe I have the authority to carry out this military action without specific congressional authorization, I know that the country will be stronger if we take this course, and our actions will be even more effective.” In effect, there is no constitutional legal requirement to obtain Congressional authorization, but doing so will create a more effective response. But what if authorization is withheld? Or Congress is split with approval by the Senate, and disapproval by the House?

 

            –sixthly, there is an implicit endorsement of American exceptionalism. After saying that the case for an attack will be made internationally, as well as domestically, Obama reaffirms a national prerogative of illegal unilateralism. He uses this phrase: “But we are the United States of America, and we cannot and must not turn a blind eye to what happened in Damascus.” That is no matter that others disagree, the United States alone has the duty to act as it sees fit. It is correctly presumed that such discretion is not vested in other sovereign states. Otherwise the world would be in flames. In effect, Syria, Iran, North Korea are bound by international law, as interpreted by the United States, while the United States and its closest allies are guided by assessments of their national security interests.

It is this double standard that is at the core of American exceptionalism, and also underpins the debate as to whether it is more instructive to view the United States as ‘global leader’ or ‘imperial power,’ or possibly some blend;

 

–there is something rather sinister about announcing an intention to strike a vulnerable country with which the United States is not at war, coupled with the announcement that the needed military capabilities are in place, but will not be used until convenient;  in effect, a lethal strike against Syria can take place at any point from now on until a time weeks or months from now, depending only on the workings of the internal American political process and the disposition of its Commander-in-Chief. If this is deemed to be in the interest of the Syrian people, I would like to know how.

 

*****************************************************************

 

Even if the controversy as to the facts is ignored, and the problems associated with double standards as to the relevance of international law to the use of force, there are some other reasons for concern about the approach adopted by President Obama:

 

–it denies constitutional status to the request for Congressional authorization, making it a discretionary presidential judgment call that is not necessitated by the Constitution, but is an expression of Obama’s belief in democratic procedures. To not rest this request on the Constitution itself is a missed opportunity, and thus amounts to yet another reassertion of excessive authority by the Executive Branch of government;

 

–it makes no effort to assess what would be of benefit to the people of Syria, and rather makes the case for a narrow strike as a combination of punishing (without intending to displace) the Assad regime and abstract American national security interests in its self-appointed role as preventing the use and spread of WMD;

 

–it fails to advocate in a serious manner a diplomatic approach to ending the violence of the conflict by calling for a second Geneva conference with the full participation of Iran that would deal with regional peace and security issues, as well as the war in Syria;

 

–it undermines the authority of the UN and international law by vesting in the U.S. Government the final word on when it is appropriate to use international force in non-defensive modes and fails to make war a matter of ‘last resort’;

 

–it draws an overly sharp a distinction between this incident involving chemical weapons and other massacres that have occurred during the course of two years of strife in Syria; regardless of the weaponry deployed both forms of violence are crimes against humanity that deserve a serious and effective response, if available.

 

*******************************************************************

 

It is as yet possible that Congress will rescue Obama from having to respect a red line he ill-advisedly proclaimed a year ago. It would be ironic if this one time the anti-Obama Republicans saved him from the worse foreign policy excess of his presidency!

 

It is possible that Obama will be pushed by pro-interventionists to override a Congressional failure to give  authorization. It is also possible that Congress will authorize, and public opinion strongly oppose. And we are left to wonder whether Congress can constitutionally authorize a use of force that violates international treaty law. Of course, we would be unlikely to find out given the passivity of the U.S. Supreme Court when it comes to challenges directed at legally dubious foreign policy and national security matters.

 

All of the above suggests that the revitalization of American republicanism requires, as a matter of urgency, a constitutional convention with an explicit mandate to restore the separation of powers and checks and balances in relations to war/peace issues. The U.S. Government has longed strayed from this vital pillar of republican democracy.

 

Nothing would do more to restore confidence in the United States as a global leader! Such a momentous event will not happen without massive grassroots pressure; it will never be decreed from on high.

 

A final word of blurred appreciation: CNN talking heads are very fond of referring to Obama as epitomizing ‘the reluctant warrior.’ And reluctant he is, but also warrior he has been, and continues to be, casting a rather dark shadow over the Nobel Peace Prize decision process. The reluctance is articulated over and over again in his words and sometimes reflected in his policies, and certainly seems sincere. And such reluctance may be credited, at least subconsciously, with this welcome move to broaden the domestic authorization process with respect to this non-defensive use of international force. Obama would deserve less ambiguous praise if he had recognized the role of Congress prior to the decision of the British Parliament. And prior the many demands from Congress for a greater role gathering political momentum.

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Syria: U.S. War Making at the Expense of Democracy

31 Aug

 

             The U.S. Government rains drone missiles on civilian human targets anywhere in the world, continues to operate Guantanamo in the face of universal condemnation, whitewashed Abu Ghraib, Bagram, and the torture memos, committed aggression against Iraq and Afghanistan, and invests billions to sustain its unlawful global surveillance capabilities. Still, it has the audacity to lecture the world about ‘norm enforcement’  in the wake of the chemical weapons attack in the Ghouta suburb of Damascus. Someone should remind President Barack Obama and Secretary of State John Kerry that credibility with respect to international law begins at home and ends at the United Nations. Sadly, the American government loses out at both ends of this normative spectrum, and the days of Washington being able to deliver pious messages on the importance of international law are over. No one is listening, and that’s a relief, although it does provide material for those teams of writers working up material for the likes of Jon Stewart, Stephen Colbert, and the many standups at Comedy Central. Yet, of course, this geopolitical TV series is no laughing matter for the long ordeal of the Syrian people.

 

            There is yet another disturbing dimension of this pre-war pseudo debate about recourse to force in retaliation for an alleged use of chemical weapons by Assad against his own people: should a democracy empower its elected leaders to commit the country to war without at least securing specific legislative authorization? The contrast between the approach of the British and American approach to this issue is illuminating. David Cameron, as Prime Minister, along with his Foreign Secretary, strongly favored joining with the United States in launching a punitive attack against Syria, but arranged a prior Parliamentary debate and vote, and clearly indicated his immediate acceptance of the surprising refusal to win backing for such a policy, a show of Parliamentary independence that had not occurred in the country since the late 18th century. Of course, given polls showing only 11% of British citizens supporting an attack on Syria, Cameron may be privately breathing a deep sigh of relief that the vote came out as it did! Obama should be so lucky! If only his powers as Commander-in-Chief included a tool with which to erase imprudent ‘red lines’!

 

            Compare now the Obama approach: speeches informing the country about why it is important to punish the Assad regime so as to uphold American national security interests and to engender respect for international law and several consultations with Congressional leaders. What is absent from the Obama discourse is the word ‘authorization’ or ‘a decent respect for the opinions’ of humanity, as expressed at home and in the world. In my view, this continuing claim of presidential authority to wage war unilaterally, and absent a UN mandate, is creating a deep crisis of legitimacy not only for the U.S., but for all governments that purport to be democracies but commit to war on the decision of the chief executive, as France and Turkey appear to be doing. It is time to face up to this crisis.

 

            Above all, the foundational idea of American republicanism was to demonstrate that the power to declare and wage war was subject to ‘checks and balances’ and ‘separation of powers,’ and in this crucial respect, was unlike the monarchical powers of English kings in war/peace contexts. This makes the Parliamentary rebuff to Cameron not only a revitalizing move for British democracy, but an ironic commentary on the degree to which American ‘democracy’ has perversely moved in an absolutist direction.

 

            It is true that government lawyers as hired hands can always find legal justifications for desired lines of policy. We can count on White House lawyers do just this at the present time: working into the night at Office of the Legal Counsel to prepare breifing material on the broad scope of the powers of the president as Commander-in-Chief, reinforced by patterns of practice over the course of the last several decades, and rounded out with an interpretation of the War Powers Act that supposedly gives the president 60 days of discretionary war making before any obligation exists to seek approval from Congress. Lawyers might quibble, but democracy will be the loser if procedures for accountability and authorization are not restored with full solemnity. In this respect the law should follow, not lead, and what is at stake is whether the republican ideals of limited government would be better served by the original ideas of making it unconstitutional for a president to commit the country to war without a formal and transparent process of public deliberation in the Congress, which is that part of government charged with reflecting the interests and values of the citizenry. Let the lawyers be damned if they side with the warrior politicians, however ‘war weary’ they claim to be.

 

            It is worth also noticing that the common arguments for presidential authority do not pertain. The United States is not responding to an attack or acting in the face of an imminent threat. There is no time urgency. Beyond this the American public, as is the case with the publics of all other Western democracies, oppose by large majorities acts of war against Syria. What makes this situation worse, still, is the refusal to test diplomacy. By international law norms, reinforced by the UN Charter, a use of force to resolve an international conflict is legally a matter of ‘last resort’ after diplomatic remedies have been exhausted. But here they are not even being tried in good faith, which would involve bringing Iran into the process as a major engaged player, and enlisting Russia’s support rather than exhibiting post-Snowden pique. Obama claims that no one is more war weary than he is, but his behavior toward Syria, Iran, Egypt, and Russia convey the opposite message.

 

            And finally, some urge what be called ‘a humanitarian right of exception,’ namely, that this crime against humanity committed against the Syrian people requires a proportionate response from the perspective of international morality, regardless of the constraints associated with international law. Disregarding ‘the slippery slope’ of moral assessments, this particular response is being presented as directed against the Assad regime, but not motivated by any commitment to end the civil war or to assassinate Assad. There are reasons for viewing Washington’s moralizing reaction to the horrifying chemical attacks of August 21, especially the rush to judgment with respect to attributing responsibility to the Assad regime without awaiting the results of the UN inspection team and the odd timing of a such a major attack just as the inspectors were arriving in Damascus. It is not only habitual skeptics that recall Colin Powell’s presentation of conclusive evidence of Iraq’s possession of WMD to the UN Security Council in the lead up to the unlawful Iraq War. We should by now understand that when a foreign policy imperative exists for the occupant of the White House, factoids replace facts, and moral/legal assessments become matters of bureaucratic and media duty.

             

 

Contra Syria Attack

30 Aug

At this stage Informed opinion agrees that the response to the presumed Assad regime’s responsibility for the use on August 21st of chemical weapons in Ghuta, a neighborhood in the eastern surrounding suburbs of Damascus, is intended to be punitive. This is a way of signaling that it is a punishment for the alleged use of chemical weapons, and at the same time denies any ambition to alter the course of the internal struggle for power in Syria or to assassinate Bashar el-Assad. Of course, if it achieved some larger goal unexpectedly this would likely be welcomed, although not necessarily, by such convergent  centers of concern on Syrian policy as Washington, Ankara, Riyadh, and Tel Aviv.

Why not necessarily? Because there is a growing belief in influential Western circles, highlighted in a cynical article by Edward Luttwak published a few days ago in the NY Times, [“In Syria, America Loses if Either Side Wins,” Aug. 24, 2013] that it is better for the United States and Israel if the civil war goes on and on, and there are no winners. Accorded to this warped reasoning, if Assad wins, it would produce significant regional gains for Iran, Russia, and Hezbollah; if the Syrian Free Army, and its Nusra Front and Al Qaeda allies win, it is feared that it would give violent extremist forces a base of operations that would likely work strongly against Western interests. Only Turkey, the frontline opponent of the Assad regime, and Saudi Arabia, the regional champion of Sunni sectarianism, stand to gain by resolving the conflict in favor of the Sunni-led opposition forces as that would both contribute, as Ankara and Riyadh see it, to greater regional stability, augment their preferred sectarian alignment, and inflict a major setback on Iran and Russia.

Turkey and Saudi Arabia are split on whether it matters that upon the fall of Assad, a regime would be defeated that has repeatedly committed crimes against humanity in waging a war against its own people. Their contradictory responses to the el-Sisi coup and massacres in Egypt are illuminating on this score: Turkey adhered to principle despite a sacrifice of its short-term material and political interests in the Middle East, while Saudi Arabia has rushed in to provide Cairo with massive economic assistance and a show of strong diplomatic support for a military takeover that is crushing the leading Muslim political organization in the country.

Another way of thinking about the grand strategy of the United States in the Middle East after the dust from the Arab Spring began to settle in the region is suggested by the noted Israeli peace activist and former Knesset member, Uri Avnery [“Poor Obama,” August 31, 2013]: the U.S. Government at work frantically behind the scenes to restore the function of governance to military dictators, with Egypt the new poster child. Avnery attributes these Machiavellian machinations to CIA masterminds swimming in dark waters, entrapping Obama by overriding his strong rhetorical support for democracy in the Arab world, articulated in his Cairo speech back in 2009.

The rationale for an American-led attack on Syria is mostly expressed as follows:

–America’s credibility is at stake after Obama ‘red line’ was crossed by launching a large-scale lethal chemical weapons attack; doing nothing in response would undermine U.S. global leadership;

–America’s credibility makes indispensable and irreplaceable contributions to world order, and should not jeopardized by continued passivity in relation to the criminal conduct of the Assad regime; inaction has been tried for the past two years and failed miserably [not clearly tried—Hilary Clinton was avowed early supporter of rebel cause, including arms supplies; recent reports indicate American led ‘special forces operations’ being conducted to bolster anti-Assad struggle];

–a punitive strike will deter future uses of chemical weapons by Syria and others, teaching Assad and other leaders that serious adverse consequences follow upon a failure to heed warnings posted by an American president in the form of ‘red lines;’

–even if the attack will not shift the balance in Syria back to the insurgent forces it will restore their political will to persist in the struggle for an eventual political victory over Assad and operate to offset their recently weakened position;

–it is possible that the attack will unexpectedly enhance prospects for a diplomatic compromise, allowing a reconvening of the U.S.-Russia chaired Geneva diplomatic conference, which is the preferred forum for promoting transition to a post-Assad Syria.

Why is this rationale insufficient?

–it does not take account of the fact that a punitive attack of the kind evidently being planned by Washington lacks any foundation in international law as it is neither undertaken in self-defense, nor after authorization by the UN Security Council, nor in a manner that can be justified as humanitarian intervention (in fact, innocent Syrian civilians are almost certain to loom large among the casualties);

–it presupposes that the U.S. Government rightfully exercises police powers on the global stage, and by unilateral (or ‘coalition of the willing’) decision, can give legitimacy to an other unlawful undertaking; it may be that the United States remains the dominant hard power political actor in the region and world, but its war making since Vietnam is inconsistent with the global public good, causing massive suffering and widespread devastation; international law and the UNSC are preferable sources of global police power than is reliance on the discretion and leadership of the United States at this stage of world history even if this results in occasional paralysis as evidenced by the UN’s failure to produce a consensus on how to end the war in Syria;

–U.S. foreign policy under President Barack Obama has similarities to that of George W. Bush in relation to international law, despite differences in rhetoric and style: Obama evades the constraints of international law by the practice of ‘reverential interpretations,’ while Bush defied as matter of national self-assertion and the meta-norms of grand strategy; as a result Obama comes off  as a hypocrite while Bush as an outlaw or cowboy; in an ideal form of global law both would be held accountable for their violations of international criminal law;

–the impacts of a punitive strike could generate harmful results: weakening diplomatic prospects; increasing spillover effects on Lebanon, Turkey, elsewhere; complicating relations with Iran and Russia; producing retaliatory responses that widen the combat zone; causing a worldwide rise in anti-Americanism.

There is one conceptual issue that deserves further attention. In the aftermath of the Kosovo NATO War of 1999 there was developed by the Independent International Commission the argument that the military attack was ‘illegal but legitimate.’[1] The argument made at the time was that the obstacles to a lawful use of force could not be overcome because the use of force was non-defensive and not authorized by the Security Council. The use of force was evaluated as legitimate because of compelling moral reasons (imminent threat of humanitarian catastrophe; regional European consensus; overwhelming Kosovar political consensus—except small Serbian minority) relating to self-determination; Serb record of criminality in Bosnia and Kosovo) coupled with considerations of political feasibility (NATO capabilities and political will; a clear and attainable objective—withdrawal of Serb administrative and political control—that was achieved). Such claims were also subject to harsh criticism as exhibiting double standards (why not Palestine?) and a display of what Noam Chomsky dubbed as ‘military humanism.’

None of these Kosovo elements are present in relation to Syria: it is manifestly unlawful and also illegitimate (the attack will harm innocent Syrians without achieving proportionate political ends benefitting their wellbeing; the principal justifications for using force relate to geopolitical concerns such as ‘credibility,’ ‘deterrence,’ and ‘U.S. leadership.’ [For an intelligent counter-argument contending that an attack on Syria at this time would be ‘illegal but legitimate,’ see Ian Hurd, “Bomb Syria, Even if it is Illegal,” NY Times, August 27, 2013; also “Saving Syria, International Law is not the answer,” Aljazeera, August 27, 2013]