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Doing Business with Israel: Increasingly Problematic

20 Jun

[Note: Published below is a letter prepared by the European Coordination of Committee and Associations for Palestine (ECCP) and endorsed by John Dugard, Michael Mansfield, Eric David, and myself; it urges adherence to guidelines relating to corporate and financial activity with unlawful economic activities in Israel and occupied Palestine, and is guided by principles similar to the BDS campaign; it is notable that on June 20th the General Assembly of the Presbyterian Church by a close vote (310-303) voted to divest itself of $21 million dollars worth of shares in three corporations (Motorola Solutions, Hewlett-Packard, Caterpillar) engaged in legally and morally objectionable activities supportive of Israel’s occupation of Palestine. There is a growing momentum associated with this new nonviolent militancy associated with the global solidarity movement supportive of the Palestinian struggle to gain a just peace, including realization of rights under international law. This nonviolent turn is being directly challenged by the rise of ISIS in the region that relies on unrestrained violence and promises the liberation of Palestine.]

European Coordination of Committees and Associations for Palestine (ECCP)

On 24-26 June, 37 European companies from 11 EU Member States will travel to Israel as a part of an EU led “Mission for growth” project that aims to “promote partnerships between Israeli and European companies 
active in sectors identified as leading and developing industries in Israel.” Among Israeli companies participating in the “Mission for growth” are those deeply complicit in Israel’s occupation and apartheid policy. The previous delegation of “Mission for growth” took place on 22-23 October last year in Israel, where 97 european companies from 23 EU Member States meet with 215 Israeli companies from the different industrial sectors. In this open letter supported by Richard FalkJohn DugardMichael Mansfield and Eric David, ECCP member organisations call on the European companies to abandon their plans to be involved in the project. Letter to the participants of EU led “Mission for growth”: We, the undersigned members of ECCP – the European Coordination of Committees and Associations for Palestine (ECCP) – a leading network of 47 organisations, NGO’s, unions and human rights organisations from 21 European countries are writing to you about your company’s participation in the recent EU-led mission to Israel named “Mission for growth” with the stated purpose of forging business ties with Israeli companies.

We are writing to make you aware about the legal, economic and reputational consequences to your business if these deals go ahead. According to the Israeli research center, WhoProfits, Israeli participants in “Mission for growth” programme directly contribute to and are complicit in acts that are illegal under international law. For example Elbit Systems, an Israeli military company is involved in the ongoing construction of Israel’s Wall, ruled illegal by the International Court of Justice in 2004.(see Annex) Recognizing these grave violations in 2009, Norway’s sovereign wealth fund divested from Elbit Systems.1 We would like to remind you that business involvement in Israel contains legal implications. According to international law as applied in the 2004 International Court of Justice advisory opinion on Israel’s wall and settlements, third party states are violating their own obligations to not recognize nor render aid or assistance to these serious Israeli violations by allowing financial and economic activity with complicit entities. Since last year, the government of the Netherlands have taken the proactive step to warn companies domiciled in its territory of the legal implications of ties with Israeli companies with activities in the occupied territories. As a result, Vitens, the Netherlands’ largest water supplier, broke an agreement with Mekorot, Israel’s public water company, due to its role in plundering water from Palestinian aquifers in the West Bank.2

PGGM, the largest Dutch pension fund followed suit and divested from all Israeli banks due to “their involvement in financing Israeli settlements.”3 The UN Guiding Principles on Business and Human Rights, supported by the EU and adopted by the UN Human Rights Council, explain that businesses must respect human rights and international humanitarian law. The Principles also urge states to withdraw support and not procure services from companies that persistently violate human rights.4 In September 2012, the UN General Assembly adopted a report on corporate complicity related to the illegal Israeli settlements by Richard Falk, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. The report urges states to take steps to hold businesses accountable for their participation in Israeli violations of international law and to take steps to end business involvement in illegal Israeli settlements5 In March 2013, UN Human Rights Council adopted the report of the Independent Fact Finding Mission on the Israeli settlements. The Fact Finding Mission affirmed that involvement in settlement activities falls under the jurisdiction of the ICC and may result in criminal responsibility. Almost all Israeli companies are deeply complicit, directly or indirectly, in the oppression of Palestinians including its IT sector by drawing expertise from Israel’s military complex and Israel’s manufacturing companies, some based in settlements, with distribution outlets in settlements, helping to sustain them. By participating in the project and cooperating with Israeli companies involved in illegal Israeli settlements and military industry your company would be making a political decision to become deeply complicit with Israel’s violations of international law and Israel’s oppression of Palestinian rights. As such, your company would become a legitimate target for popular boycotts, divestments, protests and sustained campaigns to penalize your involvement and causing you economic losses similar to the loses already inflicted on French-company Veolia for its involvement in the settlement enterprise and British security company G4S6. The Boycott, Divestment and Sanctions (BDS) movement, from which we draw our strength, has been growing at the global level since its launch in 2005 of which the Economist magazine says it “is turning mainstream.”7 The BDS movement has consistently targeted complicit Israeli and international corporations — involved in Israel’s occupation, settlements and other international law infringements — such as SodaStream, G4S, Ahava, Mekorot, Elbit, Veolia, Caterpillar, Africa Israel, all Israeli banks, among others, with significant success and enormous reputational risks8. We will therefore monitor your company for business ties with Israel and urge you to abandon potential plans to cooperate with Israeli companies violating international law and human rights. Sincerely , European Coordination of Committees and Associations for Palestine (ECCP)

Endorsed by: Richard Falk -UN Human Rights Council Special Rapporteur for Palestine, 2008-2014 and Milbank Professor of International Law, Emeritus, Princeton University John Dugard – Professor Emeritus, University of Leiden, Former UN Special rapporteur on the situation of Human rights in the occupied palestinian Territory Michael Mansfield – Professor of Law, President of the Haldane Society and Amicus; practising Human Rights lawyer for 45 years Eric David – Law Professor, Free University of Brussels

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

Annex: Israeli participants in “Mission for growth” project violating human rights and international law

Ahava Dead Sea Laboratories – a private Israeli cosmetics corporation which operates from the occupied West Bank. Ahava is the only company which sells Dead Sea cosmetics and islocated in the occupied area of the Dead Sea. The Ahava factory and visitors’ center is located in the Mitzpe Shalem settlement, on the shore of the Dead Sea in the occupied part of the Jordan Valley and a large percentage of Ahava shares are held by two Israeli West Bank settlements.

9 – Afcon Holdings– The group engages in the design, manufacture, integration and marketing of electro-mechanical and control systems. A subsidiary of the group – Afcon Control and Automation has supplied CEIA metal detectors to Israeli military checkpoints in the occupied Palestinian territories; such as the Hebron Machpela Cave Checkpoint, the Beit Iba checkpoint and the Erez Terminal in Gaza, as well as checkpoints in the occupied Jordan Valley. Additionally, in 2009 the Afcon has supplied services to the Jerusalem light train project, which connects the settlement neighbourhoods in occupied East Jerusalem with the city center. The company also supplies services to the Israeli Army, Israeli prison service and the Israeli police.

10 – El-Go Team – Provider of security gates. Vehicle gates and turnstiles of the company are installed at Qalandia, Huwwara and Beit Iba checkpoints restricting the occupied Palestinian population movement in the occupied territory.

11 Elbit Vision Systems – the company manufactured electronic surveillance systems (LORROS cameras) to the separation wall project in the Ariel section. The company is a wholly owned subsidiary of Elbit Systems.

12 – Gila satellite network– Provider of satellite communication services. Antennas of the company are installed in checkpoints across the West Bank: Azzun Atma, Beit Iba and Anata – Shu’afat refugee camp. The company has also provided the Israeli Army with the VAST (very small aperture terminal) satellite communications system. Several satellite dishes were installed on armoured personnel carriers.

13 – Netafim – A global private company of irrigation technology, which also provides services and training to farmers and agriculture companies around the world. The company provides irrigation technologies and services to the settlements’ regional council of Mount Hebron and the settlement of Maskiut. The company’s employees volunteered in the Israeli army’s combat unit Oketz. The company employs 4000 employees, owns 16 manufacturing factories in 11 states and over 27 subsidiaries and representatives in over 110 countries. – LDD Tech – provides services to gas stations in settlements in the West Bank and in East Jerusalem.

1 http://online.wsj.com/news/articles/SB125197496278482849

2 http://www.haaretz.com/news/diplomacy-defense/.premium-1.562769

3 https://www.pggm.nl/english/what-we-do/Documents/Statement%20PGGM%20exclusion%20Israeli%20banks.pdf

4 http://www.business-humanrights.org/UNGuidingPrinciplesPortal/TextUNGuidingPrinciples

5 http://www.un.org/apps/news/story.asp?NewsID=43376#.UZH-eSvWyqw

6 http://www.bloomberg.com/news/2014-06-06/gates-foundation-sells-stake-in-u-k-security-company-g4s.html

7 http://www.economist.com/news/middle-east-and-africa/21595948-israels-politicians-sound-rattled-campaign-isolate-their-country

8 http://mondoweiss.net/2014/05/barclays-downgrades-sodastream.html

9 http://www.whoprofits.org/company/ahava-dead-sea-laboratories

10 http://www.whoprofits.org/company/afcon-holdings

11 http://www.whoprofits.org/company/el-go-team

12 http://www.whoprofits.org/company/elbit-systems

13 http://www.whoprofits.org/company/gilat-satellite-networks

Nonviolent Geopolitics: Law, Politics, and 21st Century Security*

4 Apr

Nonviolent Geopolitics: Law, Politics, and 21st Century Security*           

 

 

In this short essay, my attempt will be to articulate a conception of a world order premised on nonviolent geopolitics, as well as to consider some obstacles to its realization. By focusing on the interplay of “law” and “geopolitics” the intention is to consider the role played both by normative traditions of law and morality and the “geopolitical” orientation that continue to guide dominant political actors on the global stage. Such an approach challenges the major premise of realism that security, leadership, stability, and influence in the 21st century continue to rest primarily on military power, or what is sometimes described as “hard power” capabilities.[1] From such a perspective international law plays a marginal role, useful for challenging the behavior of adversaries, but not to be relied upon in calculating the national interest of one’s own country. As such, the principal contribution of international law, aside from its utility in facilitating cooperation in situations where national interests converge, is to provide rhetoric that rationalizes controversial foreign policy initiatives undertaken by one’s own country and to demonize comparable behavior by an enemy state. This discursive role is not to be minimized, but neither should it be confused with exerting norms of restraint in a consistent and fair manner.

 

In this chapter my intention is to do three things:

 

  • to show the degree to which the victors in World War II crafted via the UN Charter essentially a world order, which if behaviorally implemented, would have marginalized war, and encoded by indirection a system of nonviolent geopolitics; in other words, the constitutional and institutional foundations already exist, but inert form;
  • to [criticize] [provide a critique of] the realist paradigm that never relinquished its hold over the imagination of dominant political elites, and an approach has not acknowledged the obsolescence and dangers associated with the war system;
  • and, finally, to consider some trends in international life that make it rational to work toward the embodiment of nonviolent geopolitics in practice and belief, as well as in the formalities of international law.

 

I. The UN Charter and a Legalistic Approach to Nonviolent Geopolitics

 

In the immediate aftermath of World War II, particularly in light of the horrendous atomic bombings of Japanese cities, even those of realist disposition were deeply worried by what it might portend for the future, and without much reflection agreed to a constitutional framing of world politics that contained most of the elements of nonviolent geopolitics. In one respect, this was a continuation of a trend that started after World War I with the establishment of the League of Nations, reflecting a half-hearted endorsement of the Woodrow Wilson sentiment that such a conflagration amounted to ‘a war to end all wars.’ Yet the European colonial governments humored Wilson, and continued to believe that the war system was viable and integral to maintaining Western hegemony, and the League of Nations proved to be irrelevant in avoiding the onset of World War II. But World War II was different because it offered the political leaders both a grim warning of what a future war among major states would likely entail and it seemed to be entrusting the future to a coalition of victorious powers that had cooperated against the menace posed by Fascism, and in the view of the American leader Franklin Roosevelt, could just as well cooperate to maintain the peace. Beyond this, the memories of the Great Depression and the realization that the punitive peace imposed on Germany in the Versailles Treaty had encouraged the rise of Hitler, gave the global leadership in the world at that time an incentive to facilitate cooperation in trade and investment, and to see the importance of restoring the economies of defeated Germany, Italy, and Japan so as to avoid the recurrence of another cataclysmic depression.

 

It was in this atmosphere that the UN Charter was agreed upon with its cardinal principles based on the following: (1) the unconditional prohibition of recourse to force in international relations except in self-defense against a prior armed attack, which meant the outlawry of war as an instrument of national policy; (2) the reinforcement of this prohibition with a collective commitment of the UN membership to support any state that was the target of non-defensive force, including acting forcibly under UN auspices to restore the territorial integrity and political independence of such a violated state; under no conditions was it to be legally acceptable for a state to acquire territory by recourse to force; (3) the further reinforcement of this attitude by the precedents set at Nuremberg and Tokyo that held leaders who engage in aggressive warfare criminally responsible on an individual basis, and by ‘the Nuremberg promise’ that made the pledge that in the future all political leaders would be subject to criminal accountability, and not those who lost wars (‘victors’ justice); (4) the commitment to respect the internal sovereignty of all states whether large or small, via the acceptance of an unconditional obligation to refrain from any interference in matters essentially within domestic jurisdiction.

 

Such a legal framework, if implemented, would have effectively eliminated international warfare and military intervention, preserved the statist structure of world order, and created a robust set of collective security mechanisms to inhibit aggression and defeat and punish any government and its leaders who engaged in aggressive warfare. It is important to realize that this legalistic vision of world order assumed that it was politically possible to establish such a warless world, and that rationality would prevail in the nuclear age to redefine the approach taken to security by ‘realists.’ It is also relevant to observe that the nonviolent geopolitics embedded in the UN Charter never involved an overall embrace of nonviolence as a precondition of political life. It was understood that within states violent insurgent politics and various forms of civil strife would occur, without violating international norms. By the Charter scheme internal wars were beyond the writ of the social contract made by states to renounce recourse to international violence. In this respect even an internal war, unless it spilled over boundaries to become a species of international warfare, was not to be addressed by the UN.

 

Even within this legalistic conception of nonviolent geopolitics there are significant difficulties. First of all, the conferral of a right of veto on the five permanent members of the Security Council, which meant that no decision adverse to the vital interests of the most dangerous political actors in the world could be reached, and that this de facto exemption from the commitment to nonviolent geopolitics greatly compromised the value of the legal framing, making the optimistic assumption of an enduring alliance for peace absolutely crucial to achieving the security claims being posited by the UN. Secondly, the acceptance of internal sovereignty as legally absolute meant that there would be no legal basis for effectively challenging the recurrence of genocide, or severe crimes against humanity and other catastrophic circumstances confronting a society caught in civil strife of the sort currently afflicting Syria.

 

Of course, these legal shortcomings seem almost irrelevant in view of the lack of political will to implement the Charter vision of nonviolent geopolitics. In retrospect, it seems clear that before the Charter had even been ratified governing elites in the United States and the Soviet Union reaffirmed their reliance on their military capabilities, political alliances, and deterrent doctrines to ground their security on the logic of countervailing hard power. Also, the anti-fascist alliance so effective in wartime, collapsed quickly in the absence of a common enemy, and the long Cold War ensued, which ensured that the collective security dimensions of the Charter vision would remain a dead letter, although this is not meant to imply that the UN was a failure overall. Actually, its positive contributions were associated with facilitating international cooperation whenever a political consensus was present and working at the normative margins of the prevailing hard power worldview.

 

These legal gaps could have been overcome if the worldview of the leading political actors truly embraced nonviolent geopolitics as more than a kind of vague aspirational framing of security that must never be allowed to interfere with the realist faith in deterrence and military strength once the initial shock of the dawning of the nuclear age subsided. There was a historical factor that worked against any serious effort to curtail this realist approach to security: the so-called ‘lesson of Munich’ to the effect that German aggression was encouraged by the appeasement policies of the European liberal democracies, which in turn reflected military weakness due to substantial disarmament after World War I. Such a view of the recent past translated into an almost irresistible argument supportive of a militarist approach to world order, which was reinforced by the ideological and geopolitical challenge attributed to the Soviet Union.

 

What this meant in relation to the position advocated here is that violent or war-prone geopolitics was fully restored, arguably universalized, and restrained only by a quality of enhanced prudence in relation to great power confrontations, as during the various Berlin crises and the Cuban Missile Crisis of 1962. Prudence had always been a cardinal political virtue of the classical realist approach, but was not elevated to a central role in balancing the pursuit of vital interests against the risks of catastrophic warfare. (Aron 1966 best articulates this realist approach).

 

II. The Political/Ethical Argument for Nonviolent Geopolitcs

 

The contrasting argument presented here is that political outcomes since the end of World War II have been primarily shaped by soft power ingenuity that has rather consistently overcome a condition of military inferiority to achieve its desired political outcomes. The United States completely controlled land, air, and sea throughout the Vietnam war, winning every battle, and yet eventually losing the war, killing as many as 5 million Vietnamese on the road to the failure of its military intervention. Ironically, the US government went on to engage the victorious Vietnam government, and currently enjoys a friendly and productive diplomatic and economic relationship. In this sense, the strategic difference between defeat and victory is almost unnoticeable, making the wartime casualties and devastation even more tragic, as being pointless from every perspective.

 

Nevertheless, US militarists refused to learn from the outcome, treating the impact of this defeat as a kind of geopolitical disease, the “Vietnam Syndrome,” rather than as a reflection of a historical trend supportive of the legitimate claims of self-determination despite the military vulnerability of such nationalist movements. The mainstream realists drew the wrong lesson, insisting that the outcome was an exception rather than the rule, a case of demoralizing the domestic support for the war, not a matter of losing to a stronger adversar.[2] In effect, overcoming the Vietnam Syndrome meant restoring confidence in hard power geopolitics and thereby neutralizing domestic opposition to war making. This militarist revived control over the shaping of American foreign policy was proclaimed as an achievement of the Gulf War in 1991, which revealingly prompted the American president at the time George H.W. Bush to utter these memorable words in the immediate aftermath of this military victory on desert battlefield of Kuwait: “We finally kicked the Vietnam Syndrome.” Meaning of course that the United States demonstrated it could wage and win wars at acceptable costs, not pausing to notice that such victories were obtained only where the terrain was suited for a purely military encounter or the capability and will of the enemy to resist was minimal or non-existent. It is not that hard power is obsolete, but rather that it is not able to shape the outcomes in the most characteristic conflicts of the period since 1945, namely, the political struggle to expel oppressive forces that represent a foreign imperial power or to resist military intervention. Hard power is still decisive in encounters with hard power, or in situations where the weaker side is defenseless, and the stronger side is prepared to carry its military dominance to genocidal extremes.

 

It is hardly surprising that the excessive and anachronistic reliance on hard power solutions in situations of conflict has led to a series of failures, both acknowledged (Iraq War) and unacknowledged (Afghanistan War; Libyan War). As long as the United States invests so much more heavily in military capabilities than any other state it is bound to respond to threats or pursue its interests along a hard power path, thereby refusing to reckon with clear historical trends favoring soft power dominance in conflict situations.

Israel also has adopted a similar approach, relying on its military superiority to destroy and kill, but not being able to control the political results of the wars it embarks upon (e.g. Lebanon War of 2006, Gaza Attacks of 2008-09). One other cost of hard power or violent geopolitics is to undermine respect for the rule of law in global politics and for the authority of the United Nations.

A second demonstration of the anachronistic reliance on a violence-based system of security was associated with the response to the 9/11 attacks on the Twin Towers and the Pentagon, the dual symbols of the US imperium. A feature of this event was the exposure of the extreme vulnerability of the most militarily dominant state in the whole of human history to attack by a non-state actor without significant weaponry and lacking in major resources. In the aftermath it became clear that the enormous US investment in achieving “full spectrum dominance” had not brought enhanced security, but the most acute sense of insecurity in the history of the country. Once again the wrong lesson was drawn, namely, that the way to restore security was to wage war regardless of the distinctive nature of this new kind of threat, to make mindless use of the military machine abroad and the curtailment of liberties at home despite the absence of a territorial adversary or any plausible means/ends relationship between recourse to war and reduction of the threat.[3] The appropriate lesson, borne out by experience, is that such a security threat can best be addressed by a combination of transnational law enforcement and through addressing the legitimate grievances of the political extremists who launched the attacks. The Spanish response to the Madrid attacks of March 11, 2004 seemed sensitive to these new realities: withdrawal from involvement in the Iraq war while enhancing police efforts to identify and arrest violent extremists, and joining in the dialogic attempts to lessen tension between Islam and the West.[4] In another setting, the former British prime minister, John Major, observed that he only began to make progress in ending the violence in Northern Ireland when he stopped thinking of the IRA as a terrorist organisation and began treating it a political actor with real grievances and its own motivations in reaching accommodation and peace.

 

The right lesson is to recognise the extremely limited utility of military power in conflict situations within the postcolonial world, grasping the extent to which popular struggle has exerted historical agency during the last 60 years. It has shaped numerous outcomes of conflicts that could not be understood if assessed only through a hard power lens that interprets history as almost always determined by wars being won by the stronger military side that then gets to shape the peace.[5] Every anti-colonial war in the latter half of the 20th century was won by the militarily weaker side, which prevailed in the end despite suffering disproportionate losses along its way to victory. It won because the people were mobilised on behalf of independence against foreign colonial forces, and their resistance included gaining complete control of the high moral ground. It won because of the political truth embodied in the Afghan saying: “You have the watches, we have the time.” Gaining the high moral ground both delegitimised colonial rule and legitimised anti-colonial struggle; in the end even the state-centric and initially empire-friendly UN was induced to endorse anticolonial struggles by reference to the right of self-determination, which was proclaimed to be an inalienable right of all peoples.

 

This ascendancy of soft power capabilities in political struggles was not always the case. Throughout the colonial era, and until the mid-20th century, hard power was generally effective and efficient, as expressed by the colonial conquests of the Western hemisphere with small numbers of well-armed troops, British control of India with a few thousand soldiers or the success of “gunboat diplomacy” in supporting US economic imperialism in Central America and the Caribbean. What turned the historical tide against militarism was the rise of national and cultural self-consciousness in the countries of the South, most dramatically in India under the inspired leadership of Gandhi, where coercive nonviolent forms of soft power first revealed their potency. More recently, abetted by the communications revolution, resistance to oppressive regimes based on human rights has demonstrated the limits of hard power governance in a globalised world. The anti-apartheid campaign extended the struggle against the racist regime that governed South Africa to a symbolic global battlefield where the weapons were coercive nonviolent reliance on boycotts, divestment, and sanctions. The collapse of apartheid in South Africa was largely achieved by developments outside of the sovereign territory, a pattern that is now being repeated in the Palestinian “legitimacy war” being waged against Israel. The outcome is not assured, and it is possible for the legitimacy war to be won, and yet the oppressive conditions sustained, as seems to be currently the case with respect to Tibet.

 

Against this background, it is notable, and even bewildering, that geopolitics continues to be driven by a realist consensus that ahistorically believes that history continues to be determined by the grand strategy of hard power dominant state actors.[6] In effect, realists have lost touch with reality. It seems correct to acknowledge that there remains a rational role for hard power, as a defensive hedge against residual statist militarism, but even here the economic and political gains of demilitarisation would seem to far outweigh the benefits of an anachronistic dependence on hard power forms of self-defence, especially those that risk wars fought with weaponry of mass destruction. With respect to non-state political violence, hard power capabilities are of little or no relevance, and security can be best achieved by accommodation, intelligence and transnational law enforcement. The US recourse to war in addressing the Al Qaeda threat, as in Iraq and Afghanistan, has proved to be costly, and misdirected. [7] Just as the US defeat in Vietnam reproduced the French defeats in their colonial wars waged in Indochina and Algeria, the cycle of failure is being renewed in the post-9/11 global setting. Why do such lessons bearing on the changing balance between hard and soft power remain unlearned in the imperial centre of geopolitical manoeuvre?

 

It is of great importance to pose this question even if no definitive answer can be forthcoming at this time. There are some suggestive leads that relate to both material and ideological explanations. On the materialist side, there are deeply embedded governmental and societal structures whose identity and narrow self-interests are bound up with a maximal reliance upon and projection of hard power. These structures have been identified in various ways in the US setting: “national security state”, “military-industrial complex”, “military Keynesianism”, and “the war system”. It was Dwight Eisenhower who more than 50 years ago warned of the military-industrial complex in his farewell speech, notably making the observation after he no longer was able to exert influence on governmental policy.[8] In 2010 there seems to be a more deeply rooted structure of support for militarism that extends to the mainstream media, conservative think tanks, an army of highly paid lobbyists, and a deeply compromised Congress whose majority of members have substituted money for conscience. This politically entrenched paradigm linking realism and militarism makes it virtually impossible to challenge a military budget even at a time of fiscal deficits that are acknowledged by conservative observers to endanger the viability of the US empire (Ferguson 2010). The scale of the military budget, combined with navies in every ocean, more than 700 foreign military bases, and a huge investment in the militarisation of space exhibit the self-fulfilling inability to acknowledge the dysfunctionality of such a global posture.[9] The US spends almost as much as the entire world put together on its military machine, and more than double what the next 10 leading states spend. And for what benefit to either the national or global interest?

 

The most that can be expected by way of adjustment of the realist consensus under these conditions is a certain softening of the hard power emphasis. In this respect, one notes that several influential adherents of the realist consensus have recently called attention to the rising importance of non-military elements of power in the rational pursuit of a grand strategy that continues to frame geopolitics by reference to presumed hard power “realities”, but are at the same time critical of arch militarism attributed to neoconservatives (see Nye 1990; Gelb 2009; Walt 2005).[10] This same tone pervades the speech of Barack Obama at the 2009 Nobel Peace Prize ceremony. This realist refusal to comprehend a largely post-militarist global setting is exceedingly dangerous given the continuing hold of realism on the shaping of policy by governmental and market/finance forces.[11] Such an outmoded realism not only engages in imprudent military undertakings; it tends also to overlook a range of deeper issues bearing on security, survival and human wellbeing, including climate change, peak oil, water scarcities, fiscal fragility and market freefall. As such, this kind of policy orientation is incapable of formulating the priorities associated with sustainable and benevolent forms of global governance.

 

In addition, to the structural rigidity that results from the entrenched militarist paradigm, there arises a systemic learning disability that is incapable of analysing the main causes of past failures. As a practical matter, this leads policy options to be too often shaped by unimaginative thinking trapped within a militarist box. In recent international policy experience, thinking mainly confined to the military box has led the Obama administration to escalate US involvement in an internal struggle for the future of Afghanistan and to leave the so-called military option on the table for dealing with the prospect of Iran’s acquisition of nuclear weapons. An attractive alternative policy approach in Afghanistan would be based on the recognition that the Taliban is a movement seeking nationalist objectives amid raging ethnic conflict. As a result it would tend towards a conclusion that the US security interests would benefit from an end of combat operations, followed by the phased withdrawal of NATO forces, a major increase in developmental assistance that avoids channelling funds through a corrupted Kabul government, and a genuine shift in US foreign policy towards respect for the politics of self-determination. Similarly, in relation to Iran, instead of threatening a military strike and advocating punitive measures, a call for regional denuclearisation, which insisted on the inclusion of Israel, would be expressive of both thinking outside the militarist box, and the existence of more hopeful non-military responses to admittedly genuine security concerns.

 

III. Concluding Observations: Opportunities, Challenges, Tendencies

 

In conclusion, some form of geopolitics is almost bound to occur, given the gross inequality of states and the weakness of the United Nations as the institutional expression of unified governance for the planet. Especially since the collapse of the Soviet Union the primacy of the United States has resulted inevitably in its geopolitical ascendancy. Unfortunately, this position has been premised upon an unreconstructed confidence in the hard power paradigm, which combines militarism and realism, producing violent geopolitics in relation to critical unresolved conflicts. The experience of the past 60 years shows clearly that this paradigm is untenable from both pragmatic and principled perspectives. It fails to achieve its goals at acceptable costs, if at all. It relies on immoral practices that involve massive killing of innocent persons and colossal waste of resources.

 

Perhaps the leading test of the thesis of this essay is the ongoing struggle for self-determination of the Palestinian people, whether in the form of a single secular state encompassing the whole of historic Palestine or an independent and viable state of their own existing alongside the Israeli state. As matters now stand, after decades of occupation, the Palestinian struggle is relying mainly on a legitimacy war relying on an array of soft power instruments, including diplomacy and lawfare, a non-violent coercive boycott and divestment campaign, and a variety of civil society initiatives challenging Israeli policies. Uncertainty exists as to the future outcome. The whole soft power orientation has taken a giant leap forward as a result of ‘the Arab spring’ in which unarmed popular movements challenged dictatorial and oppressive regimes with some notable successes, especially Egypt and Tunisia, but elsewhere at least achieving promises of extensive reforms. Increasingly, I think the potentialities of constructing a world order on the basis of soft power principles is gaining support, moving the idea of nonviolent geopolitics from the domain of utopianism to become a genuine political project. Of course, there is resistance, most especially from the hard power holdouts led by the United States and Israel.

 

Those political forces relying on the alternative of nonviolent practices and principles, in contrast, have shown the capacity to achieve political goals and a willingness to pursue their goals by ethical means, sometimes at great personal risk. The Gandhi movement resulting in Indian independence, the Mandela-led transformation of apartheid South Africa, people power in the Philippines and the soft revolutions of Eastern Europe in the late 1980s are exemplary instances of domestic transformations based on nonviolent struggle that entailed dangers for militants and resulted in some high profile bloody sacrifices. None of these soft power victories has produced entirely just societies or addressed the entire agenda of social and political concerns, often leaving untouched exploitative class relations and bitter societal tensions, but they have managed to overcome immediate situations of oppressive state/society relations without significant reliance on violence.

 

Turning to the global setting, there exist analogous opportunities for the application of nonviolent geopolitics. There is a widespread recognition that war between large states is not a rational option as it is almost certain to involve huge costs in blood and treasure, and reach mutual destructive results rather as in former times of a clear winner and loser. The opportunities for a nonviolent geopolitics are also grounded in the willingness of government to accept of the increasingly practical self-constraining discipline of international law as reinforced by widely endorsed moral principles embodied in the great religions and world civilizations. A further step in this direction would be a repudiation by the nine nuclear weapons states of weaponry of mass destruction, starting with an announced declaration of no first use of nuclear weaponry, and moving on to an immediate and urgent negotiation of a nuclear disarmament treaty that posits as a non-utopian goal “a world without nuclear weapons” (Krieger 2009). The essential second step is liberating the moral and political imagination from the confines of militarism, and consequent thinking within that dysfunctional box that still remains a staple component of the realist mindset among the leading countries in the West, especially the United States. This psycho-political challenge to move away from reliance on war making capabilities as the cornerstone of security is made more difficult by the bureaucratic and private sector entrenched interests in a militarist framing of security policy.

 

 

References

 

David Ray Griffin and others, American Empire and the Commonwealth of God (Louisville, KY: Westminster John Knox Press, 2006).

 

Jorgen Johansen & John Y. Jones, eds,, Experiments with Peace (Cape Town, South Africa: Pambazuka Press, 2010).

 

Raymond Aron, Peace and War: A Theory of International Relations (Garden City, NY: Doublday, 1966).

 

 

Johan Galtung, The True Worlds: A Transnational Perspective (New York: Free Press, 1980).

 

Johan Galtung, “Searching for peace in a world of terrorism and state terrorism,” in Shin Chiba and Thomas J. Schoenbaum, eds., Peace Movements and Pacifism after September 11 (Cheltenham, UK: Edward Elgar, 2008) 32-48.

 

 

Richard Rosecrance, The Rise of the Virtual State: Wealth and power in the coming century (New York: Basic, 2002).

 

David Cole and Julius Lobel, eds., Less Safe, Less Free: Why America is Losing the War on Terror (New York: New Press, 2007)

 

Richard Falk, The Great Terror War (Northampton, MA: Olive Branch Press, 2003).

 

 

Jonathan Schell, The Unconquerable World: Power, Nonviolence, and the Will of the People (New York: Henry Holt, 2003).

 

Richard J. Barnet, The Roots of War (New York,: Atheneum, 1972)

 

Leonard C. Lewin (for Special Study Group), Report from Iron Mountain on the Possibility and Desirability of Peace (London: Macdonald, 1968).

 

Niall Ferguson, “The Fragile Empire- Here today, gone tomorrow—could the United States fall fast?” LA Times, Feb. 28, 2010.

 

Chalmers Johnson. The Sorrows of Empire: militarism, secrecy, and the End of the Republic (New York: Metropolitan, 2004).

 

Joseph S. Nye, Jr., Bound to Lead: The Changing Nature of American Power (New York: Basic Books, 1990

 

Joseph S. Nye, Soft Power: The Means to Success in World Politics (New York: Public Affairs, 2004)

 

Leslie H. Gelb, Power Rules: How common sense can rescue American foreign policy (New York: Harper-Collins, 2009)

 

Stephen M. Walt, Taming American Power: The global response to American power (New York: Norton, 2005).

 

Gabriel Kolko, The Age of War: The United States Confronts the World (Boulder, CO: Lynne Rienner, 2006).

 

 

Ken Booth, Theory of World Security (Cambridge, UK: Cambridge University Press, 2007)

 

Joe Camilleri and Jim Falk, Worlds in Transition: Evolving Governance Across a Stressed Planet (Cheltenham, UK: Edward Elgar, 2009)

 

James H. Mittelman, Hyperconflict: Globalization and Insecurity (Stanford, CA: Stanford University Press, 2010).

 

David Krieger, ed., The Challenge of Abolishing Nuclear Weapons (New Brunswick, NJ: Transaction, 2009).

 

 

 

* Some of the ideas in sections II and III of the article have been earlier developed in “Renouncing Wars of Choice: Toward a Geopolitics of Nonviolence” in Griffin and others, 2006, 69-85 and “Nonviolent Geopolitics,” Johansen & Jones, eds., 2010, 33-40.

[1] A mainstream exception is Rosecrance 2002.

[2] Significantly, every US leader after Nixon did his best to eliminate the Vietnam syndrome, which was perceived by the Pentagon as an unwanted inhibitor of the use of aggressive force in world politics. After the end of the Gulf war in 2001, the first words of President George H. W. Bush were “We have finally kicked the Vietnam syndrome,” meaning, of course, that the United States was again able to fight ‘wars of choice’.

[3] Well depicted in Cole and Lobel 2007; see also my own attempt, Falk 2003.

[4] This comparison is analysed in a similar manner by Galtung 2008.

[5] Significantly documented in Schell 2003.

[6] It is notable that the changes in the global geopolitical landscape associated with the rise of China, India, Brazil and Russia are largely to do with their economic rise, and not at all with their military capabilities, which remain trivial compared to those of the United States.

[7] As interventionary struggles go on year after year with inconclusive results, but mounting costs in lives and resources, the intervening sides contradicts their own war rationale, searching for compromises, and even inviting the participation of the enemy

in the governing process. This has been attempted in both Iraq and Afghanistan, but

only after inflicting huge damage, and enduring major loss of life among their own troops and incurring great expense.

[8] Among the valuable studies are Barnet 1972 and Lewin 1968.

[9] Most convincingly demonstrated in a series of books by Chalmers Johnson. See especially the first of his three books on the theme (2004).

[10] For a progressive critique of American imperial militarism see Kolko 2006.

[11] Several leading scholars have long been sensitive to the disconnect that separates even relatively prudent realists from reality. For a still relevant major work see Galtung 1980. For other recent perceptive studies along these lines see Booth 2007, especially the section on ‘emancipatory realism’, pp. 87-91; Camilleri and Falk 2009; Mittelman 2010.

An American Idol: Should the United States ‘Govern’ the World?

21 Jan

(Prefatory Note: this post consists of a much expanded text of an opinion piece that was published by AJE on January 18, 2014; it seeks to discredit imperial and neoliberal claims that the United States is a benevolent hegemon, providing global public goods to the world as a whole, including  supposed geopolitical and ideological rivals)

 

 

            It might not have seemed necessary in the 21st century to ask or answer such a ridiculous question. After all, in the last half of the prior century European colonialism collapsed politically, morally, and even legally, its pretensions and cruelties thoroughly exposed and totally discredited. As well, the Soviet empire fell apart. And yet there are those who muster the temerity to insist that even now it is only the global governing authority of the United States that underpins the degree of security and prosperity that currently exists in the world. Without such a role played by the United States, this reasoning alleges, there would be widespread chaos, economic stagnancy, and far more frequent international warfare. Not surprisingly, the proponents of this conception of world order as dependent on U.S. military, economic, diplomatic, and ideological capabilities are themselves exclusively American. It is even less surprising that the most articulate celebrants of this new variant of a self-serving imperial approach to global security and prosperity are situated either in mainstream academic institutions or in supposedly liberal media outlets.

 

            I consider Michael Mandelbaum to be the most unabashed and articulate advocate of this American ‘global domination project’ that he felicitously calls ‘the world’s de facto government.’ He champions this role for his country in book after book starting with The Case for Goliath: how America acts as the world’s government in the twenty-first century (2005), followed by Democracy’s Good Name: the rise and risks of  the world’s most popular form of government (2007), and then by Frugal Superpower: America’s global leadership in a cash-strapped era (2010). Mandelbaum’s one-eyed approach has been repeatedly endorsed and embraced by the neoliberal media star, Thomas Friedman. They even partnered as guru and pundit to collaborate on a tract (That Used to be Us: how America fell behind in the world it invented and how we can come back (2012)) arguing ever so coyly that the world is far better off to the extent that others leave their political destiny in the trustworthy hands of White House and Pentagon policy planners. Such an outlook would certainly please the global snoopers in the National Security Agency (NSA). For those with some institutional memory, it adopts the general outlook in the notorious 2002 document of the Bush White House, entitled “The National Security Strategy of the United States of America.” Actually, the Bush text, while as self-serving as Mandelbaum/Friedman, is less pretentious, appealing to U.S. strategic interests and its tortured construction of China’s self-interest when explaining why it would be best for others to leave global security in American hands while limiting their own international ambitions to trade and development.

 

            Recently Mandelbaum has restated this grandiose argument in a short essay, “Can America Keep Its Global Role?” that appears in the January 2014 issue of Current History. His thesis is straightforward: “[America] provides to the whole world, not only its allies, many of the services that governments furnish to the countries they govern.” Or more simply, “..the United States stands alone as the world’s de facto government.” It is crucial to take note of the claim that unlike past empires and hegemonic states, the United States has undertaken a systemic or structural role, and is not to be understood as serving only those states that are allied by friendship, values, and binding arrangements. In this respect this novel form of world government although administered from its statist headquarters in Washington, is according to its promoters, meta-political, and unselfish. It should be appreciated by all people of good will as contributing to the betterment of humanity. It should be a cause of some embarrassment, then, to explain cross-national polling results that indicate time after time that the United States is viewed by virtually the entire world as the most dangerous country from the perspectives of peace, security, and justice.  I suppose the best riposte from the Mandelbaum true believers is that ‘they just don’t know how lucky they are!,” and like those who vote Republican in Kansas, non-Americans are unable to pursue their own interests in a rational manner.

 

            What makes Mandelbaum so cocky about the beneficence of the American global role? It is essentially the traditional realist conviction that it is American military power underwriting the established order that avoids wars and protects countries against aggressive behavior by states with revisionist foreign policy goals and irresponsibly aggressive leaders. More concretely, Europe can rest easy because of the American military presence, while Russia as well can be assured that a resurgent Germany will not again seek to conquer its territory as it tried to do twice in the last century. Similarly in the East Asian setting, China is deterred from imposing its will regionally to resolve island and territorial disputes, while at the same time being itself reassured that Japan will not again unleash an attack upon the Chinese mainland. There is some slight plausibility to such speculations, but it seems more like the supposed dividends of alliance relationships in historical settings when recourse to war as a solvent for international conflicts seems more and more dysfunctional. And it doesn’t pretend to work with a rogue ally such as Israel, which has insisted, for example, on its willingness to attack Iran whether or not the White House signals approval, presumably with the political clout in the U.S. to drag a disbelieving America in its bloody wake.

 

            The complementary claim about providing a template for global economic prosperity is also misleading at best, and likely flawed. The United States presides over a neoliberal world order that has achieved cumulative economic growth but at the cost of persisting mass poverty, gross and widening inequalities, unsustainable consumerism, cyclical instability, and a rate of greenhouse gas emissions that imperils the human future by giving rise to dangerous forms of climate change.  The management of the world economy, entrusted to groupings such as the G-20, seems unable to modify these inequities and dangers, and United States influence seems marginal and neither sensible on issues of sustainability or sensitive on questions of fairness and distributive justice.

 

            Beyond this, the American role is praised by Mandelbaum for using its capabilities “to counteract the most dangerous trend in twenty-first century security affairs: the spread of nuclear weapons to countries and non-state actors that do not have them and would threaten the international order if they did.” What is not mentioned by Mandelbaum, and suggests strongly the absence of anything resembling ‘world government’ is the inability of existing global policy mechanisms, whether under U.S. or other auspices, to solve the most urgent collective goods problems. I would mention several: poverty, nuclear weaponry, fair trade, and climate change. Neither imperial guidance nor the actions of state-centric policymaking initiatives have been able to uphold the human or global interest, which would demand at the very least nuclear disarmament, enforceable restraints on carbon emissions, and the end of agricultural subsidies in North America and Europe.

 

            The U.S. Government is not even able to get its own national act together, being constrained by the military-industrial-complex, vested economic interests in the energy field, and paralyzed by powerful lobbies (e.g. AIPAC) that pull many of the strings of American foreign policy in the Middle East. Considering that the United States it itself unable even to align its foreign policy with global equity, peace, and sustainability, how can it possibly pretend to do this for the entire world? Mandelbaum and followers suffer from a geopolitical malady that I would diagnose as ‘normative hubris,’ the false consciousness associated with being a planetary benefactor while in fact being unable even to adopt policies that serve national interests. It should not shock us that humility is the most unappreciated virtue in the imperial mentality.

 

            If we put aside this awkward inability of America to pursue a policy agenda that uphold its own national interests, an inability that Mandelbaum fails to acknowledge, and perhaps does not admit. Mandelbaum, and similar outlooks that conflate national and global interests, seem utterly blind to the tensions between what is good for the United States and its friends and what is good for the world and its peoples. And no more serious blindness, or is it merely acute myopia, exists than does the Mandlebaum contention that the greatest danger from nuclear weapons to the human future arises from those political actors that do not possess these weapons rather than from those that do, have used such weaponry in the past, and continue to deploy nuclear weapons in contexts of strategic concern. To obsess about proliferation risks while ignoring disarmament imperatives is to ensure the enduring illegitimacy of world order, whether or not led by the United States. To live contentedly with a world of nuclear haves and nuclear have not countries couples hierarchy with arrangements that over time embed unacceptable risks of an apocalyptic future.

 

            Aside from the use of the atomic bomb against Japanese cities in 1945, the American-led crusade against proliferation served as the main rationale for aggression against Iraq in 2003 and is the pretext for continuing unlawful threats of a military attack directed at Iran’s nuclear facilities over the course of the last decade. Recall also that some decades ago the United States had few qualms about the nuclear program of the Shah’s Iran, and even fewer, about Israel’s covert acquisition of capabilities and weaponry. Such discriminatory behavior confirms the primacy of America’s identity as an alliance leader, and the weakness of its credibility as a political actor inclined to act altruistically for the benefit of the whole rather than to promote the interests of its part. In discussing global security in the current historical moment, one can only wonder about the absence of the word ‘drone’ in Mandelbaum’s account of why the world should be grateful for the way the United States globally projects its power. A question is posed. Should Mandelbaum to be viewed as naïve or as a dogmatic advocate of empire? In effect, the wardrobe of world government seems to function as a disguise.

 

            Before dismissing Mandelbaum’s conceptions altogether, I would agree that he is convincing when he selects the United States rather than the UN as the political actor with the best global governmental capabilities, credentials, and ambition. The UN lacks the hard power capabilities to implement its decisions unless backed by relevant geopolitical forces; its constitutional makeup is also deferential to the sovereignty of states, and its formal role is to prevent war between states, but not to interfere with war within states. As a result, the UN has been largely a spectator in relation to the broad trends of security, democracy, and development, a handmaiden of the United States in most settings, but hampered in even this questionable undertaking by the veto power exercised by Russia and China in many peace and security situations, and obstructed by the United States whenever the Organization seeks to induce Israel to live up to its international obligations. When the United States and a few allies failed to persuade the Security Council to back its proposed attack on Iraq in 2003, the coalition of the willing went ahead anyway flaunting the authority of the UN and ignoring the constraints of its Charter.  As such, it underlined the weakness of the UN to fulfill its constitutional role and the willingness of the United States to behave as an unaccountable superpower whenever so disposed, a perception strengthened after the fact by the disastrous aftermath of the Iraq War during the lengthy occupation and withdrawal phases, and the strife-ridden country that the departing forces have left behind.

 

             There are additional difficulties with Mandelbaum’s global vision, including a glaring internal contradiction. He praises America for exerting a pro-democracy influence throughout the world, which is partially deserved, but fails to note either the inconsistencies in its application or the complete failure to consider the consent of the peoples and other governments in relation to U.S. de facto world government. I doubt that there would be many supporters of the Mandelbaum vision of governing the world in Moscow and Beijing despite the benefits that are supposedly bestowed upon Russia and China. Somehow, the politics of self-determination and procedural democracy are fine for state/society relations, but when it comes to governing the world, democratic values and procedures should be abandoned.  It is quite okay to base global government on an authoritarian logic that is not dependent on any kind of procedure of consent or approval, but governs by arbitrary and non-accountable fiat, relying heavily on military clout. The United States makes extensive use of killer drones, and refuses even to take responsibility for ‘accidents’ that end the lives of innocent civilians. This is a metaphoric message as to what kind of world government is being provided by the United States.

 

            In depicting the future Mandelbaum calls our attention to three scenarios that bear on how his thesis will play out. In what he calls “the most favorable of these,” those that have most to gain by receiving free protection, namely, Europe and Japan would assist the United States, and lighten the burdens of world government. Such a prospect is really a thinly disguised alliance-oriented approach, although in a presumably less overtly conflictual global setting. He does not view this pattern as the most likely one. The least favorable scenario would mount a challenge from China that would induce a return to balance of power world order in which countervailing alliances produce a security system that resembled international relations during the Cold War, but it is assumed by Mandelbaum contends that the Chinese are too wily to opt for such a risky future. What Mandelbaum views as the most likely future is a continuation of present arrangements without great help from allies or much hindrance from adversaries. He properly acknowledges as a major unknown whether the American public will continue to finance such a system of world government, given recent setbacks in Iraq and Afghanistan, as well as growing domestic pressures to cut public spending, reduce taxes in response to the burdens of a rapidly aging population, and the absence of much enthusiasm among the citizenry for devoting resources to internationally idealistic projects.

 

            It is well to appreciate that this new discourse of imperial duty and prerogative is framed as a matter of global scope. This is genuinely new. Yet it is quite old, present throughout the entire course of modernity. The West has always cast itself in the role of being the savior of the whole of humanity even if the actual reach of its influence was not previously capable of embracing the globe. In the colonial era Europeans described their gift to humanity  in the language of ‘white man’s burden’ or proclaimed their role to be the ‘civilizing mission’ of the West. As those throughout the global South are well aware, this lofty language provided the cover for a variety of sinister forms of violent exploitation of the non-West. For Mandelbaum the new rationale for Western dominance is ‘de facto world government.’ It purports to be a service institution for the world, yet at no point does Mandelbaum pause to admit that America bears responsibility for a disproportionate amount of the violence, militarism, and appropriation of resources that goes on under its hegemonic aegis.

 

            With a measure of historical perspective, American since its earliest beginnings claimed that its domestic reality and international behavior were superior to what Europe had to offer, with not even a thought as to whether non-Western ideas and actors might have anything to contribute to a more humane world order. In the last century is was Woodrow Wilson, in the aftermath of World War I, who projected an American vision of world order onto the global stage with disastrous results, although it too was motivated by the sense that what America represented, if globalized, would lead to a positive future for everyone. The disasters that befell the world, eventuating in World War II, death camps and atomic bombings, did not pour cold water on America’s global ambitions, giving rise to a more geopolitically humble United Nations that assigned the major tasks of keeping the peace to the leading states and their coalitions. In this respect, Mandelbaum’s preferred world builds on a long tradition of American hubris, which is tragically impervious to the historical record, and thus bound to repeat past mistakes.  In the meantime, Michael Mandelbaum and Thomas Friedman will likely be welcomed as honored guests of corporate gatherings and bankers’ retreats,whether at Davos or at the confidential meetings of the Bilderberg Group.

Why Congress Should Say to ‘No’ on Syria

6 Sep

[I am not sure this attempt at clarifying the present stage of the Syria debate adds much to my prior posts, yet I hope that it provides a kind of summary that is helpful in following the unfolding debate; all along I have felt that the Syrian impasse presented the UN and the world with a tragic predicament: trapped between doing something to stop the Assad regime from committing atrocities against its own people so as to retain power and the non-viabiility and illegality of military intervention, a predicament further complicated by the proxy war within the region along sectarian lines, by the strategic involvement of the U.S. and Russia on opposite sides, the maneuverings behind the scenes by Saudi Arabia, Qatar, and Israel, and the avowed Turkish support for regime-changing intervention; also, the overall regional turmoil, and past bad feeling in relation to the UN role in the overthrow of Qadaffi posed additional obstacles; efforts to shape the political outcome by military means, because of the proxy war dimensions (including an increasingly evident, although still surprising, tacit alliance between Israel and Saudi Arabia) have so far only escalated the violence on the ground in Syria; Turkey, Russia, and the United States have all along  oscillated between principled and pragmatic responses favoring one side or the other, and exhibiting an ambivalent commitment to equi-distant diplomacy.]

There are three positions that have considerable support in Washington circles, although rarely acknowledged and not popular with the public, partly because of recent foreign policy failures, and partly too removed from perceptions of genuine security interests:

–undertake an attack to uphold ‘red line’ credibility of the president and the United States Government;

–undertake an attack too avoid an insurgent defeat, but on a scale that will not produce an insurgent victory; goal: keep the civil war going;

–undertake an attack to convince Iran that Obama is ready to use force if diplomatic coercion doesn’t work.

There are several other considerations that need to be taken into account:

–the Assad regime is guilty of numerous crimes against humanity aside from and prior to its probable (although far from assured) responsibility for the August 21st attack with chemical weapons on Ghouta; Syria lacks a legitimate government from the perspective of international criminal law; with respect to the violation of the Geneva Accord with respect to chemical weapons, the responsibility of Assad personally and the Syrian government generally has not been established beyond a reasonable doubt at this point;

–nevertheless, the Assad regime retains considerable support from various segments of the Syrian population, possesses substantial military capabilities, and is unlikely to collapse without a major ground invasion; the Assad government retains a measure of legitimacy from the perspective of the politics of self-determination;

–insurgent forces are divided, without coherent leadership, and are also responsible for committing atrocities, and contain political extremists in their ranks; a victory by the insurgency does not seem likely to lead to legitimate governing process from the perspective of law and morality;

–the negative American experiences of relying on war in Vietnam, Iraq, and Afghanistan should create a presumption against the authorization of force and reliance on military option in conflict situations; there is mounting evidence from past cases that the costs and risks associated with military options tend to be grossly understated during pre-war debates in the United States due partly to the political mobilization role played by mainstream media;

–the diplomatic alternative to force has been handicapped by its past abuse in the UN Security Council with respect to Libya authorization of ‘responsibility to protect’ undermining the trust of Russia, China, and others, and by the refusal to bring Iran into the political conversation as a key actor.

Against this background there are four important independent reasons for Congress to withhold authorization in this instance:

–a use of force that can neither be justified as self-defense, nor is authorized by the UN, is contrary to the UN Charter, which is an obligatory treaty, as well as being the most serious type of violation of international law in a post-Nuremburg world; the Nuremberg precedent with regard to crimes against peace (as the ‘crime of crimes’) should be respected, especially by the United States, which continues to serve for better and worse, as  the main normative architect of world order;

–the Kosovo precedent of ‘illegal, but legitimate’ is not applicable as a military attack is not likely to achieve either its political goals of ending the civil war and of causing the collapse of the Assad regime, nor its moral goals of stopping the slaughter and displacement of the Syrian people, and the devastation of their cities and country;

–even if the political and moral goals could be achieved, Congress, as well as the president, lacks the authority to authorized foreign policy uses of force that are incompatible with the UN Charter and international law;

–Congress should defer to domestic and world public opinion that clearly is opposed to a proposed military attack in the absence of an exceptional demonstration can be made as to the positive political and moral benefits of such an attack; for reasons mentioned, no such demonstration can be made in this instance; even the European Union has withheld support for a military attack on Syria at the

September meeting of the G-20 in St. Petersburg; only France among America’s traditional allies supported Obama’s insistence on reliance on a punitive military strike, supposedly for the sake of enforcing international law, bizarre reasoning because the rationale reduces to the following proposition: in view of the political realities, it is necessary to violate international law so as to be able to enforce it.

##

On Political Preconditions

15 May

 

 

            To the extent that diplomacy solves international problems it depends on the satisfaction of the political preconditions that must be met for negotiations betweensovereign states to reach sustainable and benevolent results. To clarify the point, in situations where there is a clear winner and loser, political preconditions are irrelevant, as the winner can dictate the terms, either imposing them as was done after World War II in response to the unconditional surrender of Germany and Japan, or offering proposals on a ‘take it or leave it’ basis. This is what Israel has attempted to do over the course of the twenty years that the Oslo Framework, the Roadmap, and the Quartet, have provided the ground rules for diplomacy with respect to Israel/Palestine negotiations. Israel has performed as if the winner, and expected Palestine to act as if the loser, but so far this scenario has not produced the desired outcome, a ‘peace’ essentially framed in accordance with Israel’s priorities (retaining settlements by critical land swaps, annexing the whole of Jerusalem, maintaining access to West Bank aquifers, ignoring refugees, de-linking Gaza). Palestine although occupied, without a sympathetic intermediary, and despite many of its people living as refugees or in exile, has not given up the struggle for a fair outcome as defined by international law and international morality.

 

            My point here is conceptual in large part. It applies to various forms of advocacy, including the abolition of nuclear weapons or the establishment of world government. In neither instance, are the political conditions present for the realization of such goals, assuming that in some form such outcomes would be desirable. In relation to nuclear weapons, leading state actors are not willing to part with such weaponry, especially as its retention is strongly supported by entrenched bureaucratic and private sector interests, as well as being ideologically grounded in political realism, which continues to shape the worldview of most national elites. With respect to world government, there is no climate of opinion that is strong enough to challenge the nationalist orientation of every government and citizenry that exists in the world. Besides, trying to consolidate governmental authority in the presence of the degree of radical inequality that presently exists is more likely to produce global totalitarianism than a benevolent form of centralized humane global governance.

 

            The reason for addressing this subject at this time is the feverish efforts by the American Secretary of State, John Kerry, to stimulate the resumption of direct peace negotiations between Israel and Palestine. On neither side are the political preconditions present. The Netanyahu led government is clearly committed to achieving the political embodiment of Greater Israel, and would not settle for anything less. It is seeking as much legitimation as possible for this expansionist objective, hopeful that adroit diplomacy with American help can yield such a result. For Ramallah, and the Palestinian Authority, there is a lack of representational coherence and political unity, as the elected governing authorities of Gaza are not represented, nor is the wider Palestinian community of refugee communities in neighboring countries. Even if Palestinian negotiators were to accept under pressure some version of Israel’s Plan A, it is almost certain that it would not be accepted by the Palestinian people. Given this setting, political preconditions for direct negotiations do not exist, and any resumption of direct negotiations appears to be worth less than nothing.

 

            Why worse than nothing? If past efforts are any indication, the side with the weaker standing in the international community and the media, is likely to receive most of the blame for the almost certain breakdown at the site of negotiations, and this has been Palestine’s previous experience. Beyond this, both sides will probably react to diplomatic failure by pursuing with renewed unilateral vigor their respective conception of Plan B: Israel will complain about the absence of a partner for peace and proceed with accelerated expansion of settlements and related road construction, as well as continuing with its promotion of the unification of the city of Jerusalem; Palestine, on its side, will seek to intensify resistance, possibly emphasizing more its confidence in the global solidarity movement building around the BDS campaign of boycott, divestment, and sanctions, highlighted recently by Stephen Hawking’s much heralded boycott of Israeli President Shimon Peres’ fifth annual conference of global notables on the theme of Facing Tomorrow.

 

            Time is not neutral in situations of gross disparity. The side with hard power control can encroach further on the prospects of the weaker side. If we look back at the developments of the past twenty years, we take note of the extraordinary growth in the number of Israeli settlers and the ethnographic and infrastructural changes in the city of Jerusalem, making it difficult to continue to lend credence to Palestinian self-determination being realized by a ‘two-state’ solution, which remains the American oft-repeated mantra. What might have seemed like a viable Palestinian state in 1967 when Security Council Resolution 242 was adopted, became less so, when the Oslo Framework was accepted on the White House lawn in 1993, and by 2013 it is a delusionary goal.

 

            Understanding the relevance of political preconditions is crucial to rational behavior in seeking solutions to long festering problems. Also where there are gross disparities of power and expectations a conflict is almost never ripe for resolution. Of course, the opposite is also true. When political conditions exist for a fair solution, then it is imperative to move forward, flexibly and with an eye on a win/win outcome. Given the perspectives of the two sides, if win/win does not seem realistic, then patience is preferable to a demoralizing charade of false consciousness.  

Losing Control: A Blogger’s Nightmare

6 Jan

 

            When I started this blog a couple of years ago, the thought never entered my mind that I would need to defend the terrain. Although I knew my views were controversial on some issues, I assumed that those who disagreed strongly would stay away, losing interest, or express their disagreements in a spirit of civility. To a large extent this has been true, with the glaring exception of Israel/Palestine. Here my problems are two-fold: (1) very nasty personal attacks that challenge the integrity, balance, judgment, and overall demeanor of myself and those that agree with me; (2) very insistent and determined requests to engage my views from highly divergent standpoints, so divergent that I can find no useful meeting ground or value in such exchanges. By and large, I have excluded defamatory comments from the first group to the extent I have taken the time to monitor the comments section of the blog. I neither feel any obligation to give space on the blog to those who wish me ill, nor do I wish to respond to such allegations unless it seems absolutely necessary to do so. My recent Open Letter to CRIF was an illustration of such a necessity. I have refrained from responding to the UN Watch campaign despite a strong temptation to explain their distortions and deny their falsehoods, which are clearly intended to bring me harm.

 

            The second cluster of responses has been more troublesome for me: as someone who has enjoyed classroom teaching for almost 60 years I have always welcomed the challenge of divergent viewpoints that differ dramatically from my own, and the valuable sort of dialogic conversations that have so often enlivened my academic career.  At the same time, I do not think that by posting interpretations of events and issues, I am committing myself to debate with those who disagree to an extent that ensures that the interaction of our viewpoints will result in an argument incapable of resolution, and essentially going nowhere. I have always found debate between those with sharply antagonistic views to be, at best, a species of performance art or a theater of ideas that may be useful in some instances to clarify disagreements or to entertain an audience. In my experience debates almost never succeed in finding common ground or even in leading one side or the other to modify their position in significant ways. I raise this issue because some of those who defend Israel most passionately seem to feel that I have a responsibility to enter detailed and frequent discussion with them to consider our points of difference.

 

            I am sympathetic with the view that because I have this position as UN Special Rapporteur on human rights violation in the Palestinian territories occupied since 1967 that I have a duty to engage with those who are concerned with these issues. In some ways I wish that my schedule was less crowded and my energies were more extensive, but I have to make choices. It should be remembered that my UN appointment is not a UN staff position. I am in effect an unpaid volunteer, and accept the burden of considerable added work because I believe that the Palestinian people deserve an independent and honest voice to express their grievances on the global stage, and I do this in a manner that tries to take account of Israeli claims relating to its occupation policies. I would also insist that due to my independent position within the UN System, it is entirely appropriate to maintain a blog of this sort that expresses my views as a citizen of a democratic society, which I regard as falling within the sphere of conscience and reflection. I do make an effort to avoid public partisan stands in activist contexts that could create ambiguities as to my commitment to speak the truth as best I can.

 

            I draw a distinction between those who share some core commitments, for instance, respect for rights under international law or commitments to seek peaceful resolution of disputes, and those that seem to be taunts rather than serious efforts to gain mutual understanding of difficult and complicated issues. Interpretations of the issues that are so completely tilted toward legitimizing the positions and claims of Israel, which occupies the dominant position in the conflict, fall outside the boundaries of useful discussion so far as I am concerned. My sense of fairness is always conditioned by the structure of the underlying relationships, placing me on the side of those social and political forces that are struggling for emancipation from situations of oppression and rightlessness. Given this perspective, siding with the Palestinians is partly a matter of identifying with the party that has for decades been victimized by the cruel play of hard power reinforced by geopolitics. Let me be clear: my underlying commitment is to a sustainable and just peace for both peoples, but I believe this can only happen if ‘facts on the ground’ give way to a full-fledged diplomatic appreciation of ‘Palestinian rights under international law.’

 

            Even if I was inclined to devote more time to responding to hostile and divergent comments on Israel/Palestine I would disappoint other readers of the blog, who are already offended by the degree to which this one conflict sucks up all the oxygen. I have received many emails, that is, a cyber path that avoids direct comments the blog, which have strongly recommended that I not respond to comments at all and that I take steps to avoid this disproportionate concentration of energy on this one conflict. There is, I have discovered, an analogue in the blogosphere to the crude version of Gresham’s Law (‘bad money drives out good money’) so beloved by economists: It is ‘bad comments drive out good comments.’ Some of my correspondents have even gently suggested in response to the uncivil tone of many comments that I abandon the blog altogether and instead create a mailing list that serves as an alternative outlet for my views, which would have the advantage of limiting posts to a community of likeminded persons. Supposedly, this would protect my bruised ego. But I remain foolish enough to sustain the blog a bit longer, and see what happens. I will continue to struggle with balance on a tightrope that keeps the blog open to strangers, including those who disagree and disapprove, while working on behalf of an identity and level of discourse that accords with my values, and is faithful to my initial motivation to engage in the hard work of writing posts on a variety of topics to address some public issues in a manner that seems at variance with mainstream media interpretations. I do this partly because self-expression has always been a satisfying form of self-discovery, somewhat similar in this manner to teaching and scholarly writing. And partly because there might be a few others on the planet that share my worries about the present and future, and seek a community brave enough to hope when there is no hope!

 

            It is strange that I should also receive complaints as to why I do not discuss wrongdoing in the world other than that of Israel. One of the sharpest criticisms that I receive is that I must be an ‘Israel-hater,’ or worse, ‘a Jew hater,’ because I do not denounce instances of human suffering other than that of the Palestinians with the same vehemence that I accord to Israel’s wrongdoing. It is a strange line of attack for two reasons: firstly, to my knowledge, those who make such an allegation are themselves single-minded defenders of Israel, and exhibit no interest in other issues beyond the rhetorical point that there are other humanitarian ordeals that from their standpoint are far worse than what the Palestinians have endured; and secondly, I have devoted my research and teaching skills to many other international concerns other than those associated with the Israel/Palestine conflict. Even a superficial glance at my CV would show a career emphasis on general international law and world order issues, and far more criticism devoted over the years to American foreign policy than to Israel’s behavior.

 

                        I am prepared to entertain other ideas about my claim to have a right to control the tone and substance of the comments section of my blog. In effect, I have been reflecting on the presumed basis that I have a proprietary right to exercise control according to my discretion. There are a huge variety of other sites enabling those who wish to denounce me or my views, so why must I make this space available for uncongenial ventures? And why should I have to depend on friends and allies coming to my rescue when the going gets too tough. Hilary Clinton in the 2008 presidential campaign taunted Obama by saying “if you can’t stand the heat, stay out of the kitchen.” But I ask myself, ‘what is the point of such discomfort if the heat sheds no light,’ mixing metaphors inexcusably.

 

            Another response to this kind of squabble is to adopt the ethos of my younger son, who likes to say ‘chill!’  whenever emotions rise above his comfort level. His intention is to encourage ‘letting go,’ ‘backing off’’, ‘allowing a hundred flowers to bloom,’ and the like.  But there are deep feelings at stake when these blog issues are being discussed, and little willingness to grant respect to those who defend positions that seem abhorrent. I include myself in this indictment, often feeling too engaged with the abuse of Palestinian rights to treat controversy as mere differences of opinion, but this is a reflection of my understanding of the relevant facts and law, and not a matter of blind passion or blinkered vision.