Drone Attacks: American Citizens and Foreign Civilians

11 Oct


 

The execution of Anwar al-Awlaki, an American-Yemeni imam, by a drone attack in Yemen on September 30, 2011  has generated a lively debate among liberally minded lawyers in the United States because al-Awlaki was an American citizen. The implication in some of the discourse is that emphasizing the American citizenship of the victim is more likely to induce an American court to disallow abusive violence if the victim is a citizen, and there are Supreme Court precedents to back this up this interpretation of the relativity of rights based on nationality (e.g. Hamdi, Padilla cases).  Perhaps, understandably the courts are less likely to hide behind the Political Questions Doctrine to avoid passing judgment on foreign policy decisions, especially in the area of war and peace, if the target is an American citizen engaged in hostile actions overseas.

 

But what disturbs me about this distinction is the further implication that if the victim had not been a citizen there would be nothing worth discussing, that the U.S. Government claims the unreviewable right to unleash lethal violence against persons anywhere in the world (even if far from the ‘hot battlefields’ such as Afghanistan) if they are considered to be threats to American security, and the evidence for considering them to be a threat need even not be disclosed. Secrecy adds to this kind borderless violence that drone technology and counterterrorist doctrine and practice make the ugly new face of American imperial power in a variety of countries in Asia and Africa, and perhaps elsewhere.

 

In our globalized world do we as Americans really want to endow government officials with more discretion and less accountability when it comes to the overseas killing of foreigners than do in relation to Americans? Should we not oppose such discretion altogether, and rely totally upon cooperative law enforcement with the government of the territorial sovereign? In law, whatever is claimed, is tolerated, and so this precedent may have a most welcome blowback impact at a later point in time. In geopolitics, double standards abound, but this engenders violent resistance, and widespread fear, hatred, and extremism.

What bothers me most about this current public debate on the lawfulness of al-Awlaki’s execution is that it seems to reflect the same gross insensitivity to massive foreign civilian casualties inflicted in the course of America’s military interventions. Such insensitivity has been characteristic of the American way of dealing with these deadly side effects of its foreign military policy

eversince Vietnam, but also long before. Recall the bloodshed inflicted on Filipinos in Spanish American War of 1898, or upon the First Peoples of this country.

After leaving his position as Secretary of Defense during the crucial phases of the American involvement in the Vietnam War, McNamara repeatedly expressed his regrets for the loss of American lives during the Vietnam War, but without even mentioning the ten times greater Vietnamese losses. During the Iraq War Rumsfeld unapologetically told the media with his typical bluntness that Pentagon does not waste its time collecting data on Iraqi civilian casualties.

In a globalized world, such necrophilic nationalism strikes me as deeply offensive, as well as accounting for much of the growing hostility to the American role in the world.

Against this background I would highly recommend reading John Tirman’s recent book, The Deaths of Others: The Fate of Civilians in America’s Wars, published by Oxford University Press in 2011. Tirman, the Executive Director of MIT’s Center of International Studies, graphically depicts this pattern that seems to combine denial with indifference. How few of us realize that in the Iraq War more than 1 million Iraqi civilians died, another 4.5 million were displaced (with about half becoming refugees), 1-2 million Iraqi women became widows, and 5 million children became orphans. These are startling figures, and do not even take account of the destruction of the Iraqi infrastructure that made much of the drinking water unsafe and made it impossible for many children to receive any education. It takes a dedicated student of foreign policy to gain familiarity with such grim statistics of these American wars. Our main media outlets are dutiful in sustaining denial and ignorance. Liberal self-censorship knows no limits when it comes to American foreign policy in either war/peace settings or when it comes to the Israel/Palestine conflict.

We need to recall, as well, that the Iraq War was a notorious ‘war of choice,’ a non-defensive war with no legal justification and no UN Security Council authorization. It should be remembered that the United States took the lead after World War II in punishing surviving German and Japanese civilian and military leaders for their role in waging wars of aggression, which were categorized as ‘Crimes Against Peace’ at Nuremberg and Tokyo.

Are we as a nation and a people incapable of acknowledging and atoning for wrongdoing on this scale? In effect, is it too late to restore democracy, and time to realize we are governed according to the lawless logic of a permanent state of emergency without even the integrity to acknowledge such a militarization of our governing process?

 

Is this a Global Gandhian Moment?

10 Oct


             Mahatma Gandhi has been dead for more than 63 years, and yet his relevance to the politics of our time has never been greater. It is a tribute to the power of Gandhi’s inspirational ideas and life that his current influence is far greater than that of any other leader of the past century. We recall such names as Churchill, Franklin Roosevelt, Mao Tse-tung, Lenin, and Nehru as individuals who were great leaders in their time and remain historic personages of lasting importance, but they do not speak directly to the political circumstances of the 21st century. Those seeking to challenge what is exploitative, destructive, humiliating, corrupt, and oppressive in their surroundings are mostly indifferent to or even ignorant of these agents of past history. By contrast, Gandhi remains a towering figure that seems as fascinating as when he had become on that dismal day in 1948 when he died at the hands of a Hindu nationalist assassin.

 

            Beyond this legacy is the claim that we are actually living through ‘a Gandhian moment.’ Some have invoked such an image to identify any sustained political challenge directed at the established order that is self-consciouslessly premised upon principles of nonviolence. For instance, a distinguished Gandhi scholar, Ramin Jahanbegloo, entitles a short essay on Iran’s Green Revolution ‘The Gandhian Moment,’ and treats these courageous massive uprisings in Iran that followed upon the apparently stolen election of June 12, 2009 as an example of an historic event illustrative of Gandhi’s contemporary impact, so much so that he honors the events by affixing the label ‘a Gandhian moment.’ He also believes that a series of other national leaders espousing nonviolent politics have contributed their own variant of a Gandhian moment: Khan Abdul Ghaffar Khan, Martin Luther King, Jr., Nelson Mandela, Lech Walesa, Vaclav Havel, Benigno Aquino, Aung San Suu Kyi, and Ibrahim Rugova. These are all admirable individuals who bravely fought against an oppressive established order, yet I find it dilutes and somewhat misinterprets the Gandhian legacy to bestow upon their activities the Gandhian imprimatur. Or explaining my reaction differently, the espousal of nonviolent politics is a necessary but far from sufficient reason for christening a momentous political occasion as a Gandhian moment.

 

            Without taking issue with Jahanbegloo’s list, I would note that several of those included were practitioners of tactical nonviolence without ever articulating an unconditional commitment of the sort that Gandhi made the signature of his life and theory. As far as I know Mandela never recanted his support for armed resistance to the apartheid regime in South Africa on the part of the ANC. Aquino although a determined democrat, failed to build a popular movement around nonviolent politics, although his widow, Cory Aquino led the people power movement that overthrew the Marcos regime in 1986, but again without any indication of being guided by such an unconditional framework as Gandhi insisted upon. And Rogova, although supporting an imaginative nonviolent resistance to oppressive Serbian governance of Kosovo, nevertheless welcomed the NATO intervention of 1999, and even had an autographed picture of Madeline Albright on his office wall. In effect, Jahanbegloo’s list mixes different degrees of nonviolent commitment without clarifying the originality of Gandhi’s mandatory framing of nonviolence in absolutist terms. This framing led to some awkwardness of response on Gandhi’s part as when he counseled German Jews to stay put in the face of Nazi persecution or advised the liberal democracies to dissuade Hitler from aggression by unilaterally disarming or urged civilians to confront the pilot of the planes dropping atomic bombs on Japanese cities with a sacrificial resignation of peacefulness and non-hostility. I mention these examples not to criticize Gandhi, but to clarify the extremity of his views on nonviolence that allowed no room for exceptions, no matter how extenuating the circumstances. From this perspective I am not comfortable with calling the Green movement in Iran, which had rather modest reformist goals even at its height, ‘a Gandhian Moment.’

 

And yet, I would argue that we are living through a Gandhian Moment in two quite different respects that relates to my understanding of the originality of Gandhi’s ethics, politics, and underlying spirituality. I find the two most significant features of a distinctively Gandhian approach to be his linkage of nonviolence with living in truth (satyagraha) that imparts its unconditional character and his dedication to what I call ‘the politics of impossibility,’ that is, dedication to goals that are beyond the limits of the feasible as conventionally understood. This was the case for Gandhi when he challenged British imperial rule in India after World War I, and it was even more characteristic of his unfulfilled philosophical anarchist vision for India.  His proclaimed ideal India was a country of self-reliant villages with minimal state institutions and a turn away from the corrupting lures of modernity. Even many of Gandhi’s closest associates, including the great Jawaharlal Nehru, opted for a politics of possibility once Indian independence was achieved, seeking to make India a normal state. This normalcy culminated in the acquisition of nuclear weapons by India in 1998, a move that would have certainly horrified Gandhi.

 

Why, then, claim we are in the midst of a Gandhian moment? First of all, because the various movements and uprisings associated with and stimulated by the Arab Awakening were rooted in their spontaneous commitment to a politics of impossibility coupled with an explicit and courageous dedication to nonviolent confrontation. This was especially true in Tunisia and Egypt, where although the trajectory remains radically uncertain, what has been achieved already qualifies as the attainment of ‘the impossible.’ A few months ago in Cairo when talking to activists who had been in Tahrir Square I was struck by their uniform commentary of what an extraordinary experience it had been to participate in a process that had been unimaginable before Mubarak’s remarkable departure from power took place before their eyes.

If the #OccupyWallStreet protests, now a presence in 70 American cities, succeed in producing a transformative movement, it would reinforce this reality of a global Gandhian Moment even if the name Gandhi never appears in the manifestos issued by the convenors. I want to suggest that a Gandhian Moment occurs whenever the inner affinities with the essential Gandhian legacy seem pronounced, and not necessarily when the influence of the man and his achievements is overtly acknowledged.

 

There is a second reason why I think it useful to identify our time as a Gandhian Moment. It is our inability to address any of the most pressing global challenges effectively and humanely without a dual reliance on a politics of impossibility and an unconditional commitment to nonviolence.

Among these challenges, I would mention the following: global climate change; nuclear disarmament; a sustainable and just Palestine/Israeli peace; water scarcities; transition to a post-petroleum economy; an equitable and stable world economy; extreme poverty; and global democracy. Each of these challenges is overwhelming, and in their aggregate, presages a catastrophic future for the human species. Yet we cannot know the future, and need to keep our spirits high by embracing appropriate transnational, global, regional,  local, and even personal forms of an empowering politics of impossibility. Whether in such a setting a new Gandhi will emerge is almost irrelevant to the claim that to be alive now is to enjoy the potential of experiencing the vibrant rhythms of a Gandhian Moment! 

 

               

Interview on the Palestinian Statehood Bid

8 Oct

This post consists of my responses to questions put to me by a Greek journalist, C.J Polychroniou, who long followed intellectual thought in the West, and is a keen analyst of the current European economic crisis.

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1. What prompted the Palestinian Authority to seek UN recognition for Palestine at this historical juncture in the struggle for justice and the creation of an independent Palestinian state?

I think the essential motivating feature was long overdue disillusionment with the ‘peace process’ as derived from the Oslo Framework of Principles agreed upon in 1993, and looking toward the resolution of final status issues (borders, refugees, Jerusalem, settlements, security, water) within five years. More recently Obama in his 2011 speech to the UN General Assembly appeared committed to the establishment of a Palestinians a state within a year, but awkwardly backed away from this kind of assessment in 2012 when he merely declared that it was difficult to achieve peace, and that only hope was direct negotiations without any preconditions. The published Palestine Papers on confidential negotiations behind closed doors between representatives of Israel and of the Palestine Authority, leaked to Al Jazeera several months ago, reinforced the impression that the Israeli leadership was not at all interested in a negotiated end to the conflict even when offered far reaching concessions by Palestinian interlocutors. Negotiations that lead no where serve Israel’s interests far better than would a clear declaration that acknowledges Palestinian rights under international law as the necessary foundation of a peaceful resolution of the conflict.

Another line of explanation for the statehood bid relates to the efforts of the PA Prime Minister, Salam Fayyad, to engage in state-building while under occupation, both to demonstrate the credibility of a viable Palestinian state able to govern effectively when Israeli withdrawal takes place and as an alternative path to statehood than that offered by direct negotiations. Several international institutions, including the IMF, have been impressed by these efforts to achieve governmentality despite the difficulties of occupation. There are varying assessments of the degree of success of this Fayyad program of action, both in relation to its approach to economic development, societal wellbeing, and Palestinian self-determination.

Finally, it is important to realize that these periodic failed negotiations have not been neutral as between the parties. They are good for Israel, bad for Palestine. Settlement building and its accompanying infrastructure encroach increasingly on the occupied remnant of historic Palestine. To continue with negotiations without a permanent freeze on settlement expansion is to put an end to any prospect of a two-state solution, and thereby threaten the PA role as providing leadership for the Palestinian struggle for self-determination. The United States has further aggravated the situation by treating the unlawful settlements as ‘subsequent developments,’ in Israeli parlance as ‘facts on the ground,’ that are to be incorporated into Israel rather than undone.

2. The US has called UN recognition of Palestine a “mistake,” with Obama apparently threatening Abbas with significant repercussions, but even some Palestinians have questioned the move, saying it would be mainly a symbolic victory and would not change the reality of the Israeli occupation. What are your views on the matter?

Threatening the PA for taking this perfectly legal initiative of seeking recognition of its statehood and gaining membership in the UN shows the extent of America’s willingness to do Israel’s bidding, however unreasonable its behavior. It is coupled with American silence in the face of blatant Israeli criminality as with the Gaza blockade and 1998-99 attacks, the flotilla incident of May 2010, and the recurring instances of excessive use of force by occupying Israeli forces.

There are complexities on all sides of these questions of why Palestinian statehood and why now. If the Abbas leadership is weakened, it increases the possibility of the extension of Hamas influence on the West Bank. Certainly the United States, and probably Israel, fears such a result. It is possible that Israel would be ambivalent in the face of such a development as it would tend to justify the ongoing dynamic of de facto annexation that has been a byproduct of the settlement phenomenon combined with the rise of Israeli extremist leadership that seems disinterested in any outcome that involves the establishment of a Palestinian sovereign  state.

On the Palestinian side, there are also critics of the statehood bid. Some are concerned that the PA may be transforming the conflict into an essentially territorial dispute over land, thereby marginalizing if not abandoning the right of return of Palestinian refugees and those several million Palestinians living in exile. Closely related is the concern, especially among some respected Palestinian NGOs and throughout the Palestinian diaspora, that the PA is trying to displace the Palestinian Liberation Organization as the sole representative of the Palestinian people. The PLO, unlike the PA, gives Palestinians living outside of the occupied territories representational rights, including a majority of seats in the now dormant Palestinian National Council. It should be observed that Abbas in his speech tried to provide reassurance as to the PLO role, promising that it will remain the sole representative of the Palestinian people so long as the conflict persists. Also of concern to Palestinians is the fear that Israel will, in effect, tell the Palestinians that now they have their state, and there is nothing more to discuss. The conflict is resolved with Israel retaining control of the borders, internal security, and settlements, producing the sort of surrealistic outcome that apartheid South Africa attempted to impose on the black South African majority by creating ten Bantustans.

 3. In his historic speech of September 23rd to the UN General Assembly,  Mahmoud Abbas spoke of Israel’s policies as “colonial” and “ethnic cleansing” and violation of “international humanitarian laws.” Does this speech represent a change of strategy for PLO or was it for domestic consumption, i.e., in order to promote solidarity among Palestinian supporters?

The use of this appropriately strong language was the most notable feature of the Abbas speech, and a dramatic shift in tone from earlier appeals to the international community. It is this feature as much as the statehood/membership bid that made the speech ‘historic.’ It also served to enhance the legitimacy of the PA, whose reputation has been eroded by its quasi-collaborative relationship with Israel and the United States.

4. Israel has threatened PLO with “punishment” for taking the move to seek UN recognition of Palestine. What more barbaric actions can it take?

The U.S. can withhold financial assistance, a course of action that is likely to be insisted upon by the U.S. Congress in any event unless the Security Council fails to support the statehood bid by a majority of nine or more of its fifteen members, thereby sparing the U.S. the embarrassment of so inappropriately using its veto. America’s right wing Congress is gunning for the UN in any event, and it will seize upon this Palestinian challenge to demonstrate again its unconditional support for Israel’s demands, however unreasonable and cruel in their effects, and to do so at the expense of the UN will be doubly sweet for Tea Party Republicans.

5. Any intuition into what the future holds for the Palestinian question?

I think the overall regional developments are supportive of the Palestinian struggle for a just and sustainable peace. Any Arab government, especially Egypt, will now find it easier to satisfy their restive public opinion at home by confronting Israel than by enhancing the material wellbeing of their own population. In this respect, politics is easier than economics! Whether this prospect will do more than strengthen the hand of Israeli extremism is anyone’s guess.

Turkey has shown the way in these respects, and has embarrassed Arab governments that have been passive for many years in the face of Palestinian suffering and Israeli outrages, including remaining on the sidelines despite the harsh blockade imposed on the 1.6 million people of Gaza as a collective punishment for their willingness to give electoral support to Hamas in the 2006 national elections. If the international community and the Palestinian solidarity movement exerts sufficient pressure for a just solution to the conflict it may eventually give rise to an internal Israeli involving the rediscovery of Israeli realism. One of the costs of Netanyahu/Liebermann hegemony has been to make Israel unable to understand and act upon its own interests, which not only prolongs the Palestinian ordeal but severely endangers Israel’s own security and wellbeing. 

A Modest Proposal: Is It Time for the Community of Non-Nuclear States to Revolt?

7 Oct


             There are 189 countries that are parties to the Nuclear Nonproliferation Treaty (NPT) that entered into force in 1970. Only India, Pakistan, Israel, and North Korea have remained outside the treaty regime so as to be free to acquire the weapons. The nuclear weapons states have done an incredibly successful job, especially the United States, in getting a free ride, continuously modernizing their arsenals while keeping the weapons out of most unwanted hands.

 

            But the NPT was negotiated as a world order bargain. The non-nuclear countries would forego their weapons option in exchange for receiving the full benefits of nuclear energy and a pledge by the nuclear weapons states to seek nuclear disarmament in good faith. After 40 years it seems time to question both the benefits of nuclear energy (especially so after Fukushima) and even more the good faith of the members of the nuclear weapons club. Back in 1996 the World Court unanimously concluded that the nuclear weapons states needed to fulfill their treaty obligation to seek nuclear disarmament as a matter of urgency, and yet nothing resembling disarmament negotiations has taken place. It seems time to declare that the good faith obligation of Article VI of the treaty has been violated, and that this is a material breach that allows all states to disavow any obligation.

 

            Two mind games have kept the non-nuclear majority of states in line so far: first, convincing the public that the greatest danger to the world comes from the countries that do not have the weapons rather than from those that do; secondly, confusing the public into believing that arms control measures are steps toward nuclear disarmament rather than being managerial steps periodically taken by the nuclear weapons states to cut the costs and risks associated with their weapons arsenals and programs and to fool the world into thinking they are living up to their obligation to phase out these infernal weapons of mass destruction.

 

            There are other problems too. Israel has been allowed to acquire nuclear weapons by stealth without suffering any adverse consequences, while Iraq was invaded and occupied supposedly to dismantle their nuclear weapons program that turned out to be non-existent and Iran is under threat of military attack because its nuclear energy program has a built in weapons potential. Such double standards and geopolitical discrimination severely erode the legitimacy of the NPT approach.

 

            Barack Obama earned much favorable publicity, and probably was given the Nobel Peace Prize, because in 2009 he made an inspirational speech in Prague announcing his commitment to a world without nuclear weapons. Although the speech was hedged with qualifications, including the mind-numbing reassurance to nuclearists not to worry, nothing would happen in Obama’s lifetime, it still gave rise to hopes that finally there would be a genuine attempt to rid the world of this nuclear curse. But it was not to be.

As with so many issues during the Obama presidency, the early gestures of promise were quietly abandoned in arenas of performance.

 

            Has not the time come for the too patient 184+ non-nuclear weapons states to stand together with the peoples of the world to challenge the world nuclear weapons oligopoly? One way would be to declare the treaty null and void due to non-compliance by the nuclear weapons states. Such a move would be fully in accord with international treaty law.

 

            Another way, perhaps more brash, but also maybe more likely to have a political impact, would be for as many non-nuclear states as possible to take a collective stand by way of an ultamatum: if the nuclear weapons states do not engage in credible nuclear disarmament negotiations designed to eliminate the weapons within two years, the treaty will be denounced.  

 

            

An American Awakening?

5 Oct


             The exciting presence of protestors on Wall Street (and the spread of the #OccupyWallStreet protests across the country) is a welcome respite from years of passivity in America, not only in relation to the scandalous legal and illegal abuses of comprador capitalists, but also to the prolongations of wars in Iraq and Afghanistan, a shocking disregard of the impinging challenges of climate change, a rising Islamophobic tide at home, and a presidency that seems less willing to confront hedge fund managers than jobless masses. But will this encouraging presence be sustained in a manner that brings some hope of restored democracy and social wellbeing at home and responsible law-oriented leadership abroad?

 

            There is little doubt that this move to the streets expresses a deep disillusionment with ordinary politics based on elections and governing institutions. Obama’s electoral victory in 2008 was the last hope of the young in America who poured unprecedented enthusiasm into his campaign that promised so much and delivered so little. Perhaps worse than Obama’s failure to deliver, was his refusal to fight, or even to bring into his entourage of advisors some voices of empathy and mildly progressive outlook. From his initial appointment of Rahm Emmanuel onwards, it was clear that the Obama presidency would be shaped by the old Washington games waged by special interests, as abetted by a Republican Party leaning ever further to the right, a surging Tea Party that is pushing the opposition to the outer extremes of irrational governance, and a Democratic Party that is trying to survive mainly by mimicking Republicans. If such a portrayal of ordinary politics is more or less correct it is a wonder that a more radical sense of America’s future took so long to materialize, or even to show these present signs of displeasure with what is and engagement with what might be.

 

            For those of us with our eyes on the Middle East two observations follow. The extraordinary falling back from Obama’s speech in Cairo of 2009, which was, contrary to how it was spun by the pro-Israeli media, a very cautious approach to the Israel/Palestine conflict, but at least forward looking in its realization that something more had to be done if negotiations were ever to be more than a charade. The speech contained lots of reassurances for Israel, especially it treated the dispute as essentially territorial (withdrawal to 1967 borders, which deliberately pretends that refugee and exile rights of Palestinians are irrelevant to a just peace), and only seemed to project balance when it insisted on a suspension of settlement expansion as a confidence-building step toward a new cycle of negotiations. It really was a most modest request to insist that Israel temporarily stop expanding settlements that were almost unanimously seen as flagrant violations of Article 49(6) of the Fourth Geneva Convention and posing a real threat to the viability of an independent Palestinian state. When Israeli leaders and their zealous American backers indicated ‘no go,’ the Obama administration back peddled with accelerating speed, gradually isolating the United States on the global stage by the unconditionality of its support for Israel even in situations where Israel is seen by virtually the entire rest of the world as defiant toward international law. Besides this, a few months ago the leaked Palestine Papers underscored Israel’s disinterest in a negotiated solution to the conflict even in the face of Palestinian of huge Palestinian Authority concessions behind closed doors. Of course, Obama should not take the whole blame as Congress has outdone him when it comes to support for partisan positions that often seem to outdo the Knesset.

 

            The latest phase in American foreign policy in relation to the conflict is associated with the American threat to veto the statehood bid of Palestine in the UN Security Council, coupled with its arm-twisting efforts to induce others to vote with the U.S. against statehood or at least abstain, so that Palestine will not get the nine affirmative votes it needs to receive a positive recommendation and the U.S. will be spared the embarrassment and backlash of casting a veto. The shrillness of the sterile call by Obama in his 2011 speech to the General Assembly to the parties to resume negotiations after almost twenty years of futility, and for the Palestinians the effects were far worse than mere failure    (the ordeal of occupation, loss of land to settlements, annexation wall, road infrastructure).  It should finally be understood. Time is not neutral. It helps Israel, hurts Palestine.

 

            Disavowing American party and institutional politics and situating hope with the arousal of progressive forces in civil society is different from concluding that the Wall Street protests is more than a tantalizing flash in the pan at this stage. Even this cautionary commentary should make it obvious that the events owe their primary inspiration to Tahrir Square (with a surprising initial push from the Canadian anti-consumerist organization Adbusters, previous mainly known for its irreverent and vaguely anarchistic magazine by the same name), especially the ethos of a nonviolent leaderless, programless spontaneous rising that learns day by day what it is about, who it is, and what is possible. Of course, the stakes for activists are much lower than in Egypt or elsewhere in the Middle East, as there is little risk of death at this point on American streets. At the same time, the monsters of Wall Street are not quite as potent a unifying target for an militant opposition as was the grim personage of Hosni Mubarak, cruel autocrat of more than three decades, and so it may be harder to transform the protests into a sustainable movement.

 

            In the end, we must hope and engage. The beginnings of hope are rooted in the correctness of analysis, and so we can be thankful that this initiative places its focus on financial and corporate structures, and not on the state. Further along these lines, if the struggle will gain momentum it will be totally thanks to politics-from-below. The implicit not so subtle point is that the center of power over the destinies of the American people has shifted its locus from Washington to New York, and from the penthouse to the the basement!!  We’ll see!!

Reflections on the Abbas Statehood/Membership Speech to the UN General Assembly

29 Sep

            There is a natural disposition for supporters of the Palestinian struggle for self-determination to suppose that the Palestinian statehood bid must be a positive initiative because it has generated such a frantic Israel effort to have it rejected. Despite the high costs to American diplomacy in the Middle East at this time of regional tumult and uncertainty, the United States has committed itself to exercise its veto on Israel’s behalf if that turns out to be necessary. To avoid the humiliation of disregarding the overwhelming majority opinion of most governments in the world, the United States has rallied the former European colonial powers to stand by its side, while leaning on Bosnia and Colombia to abstain, thereby hoping to deny Palestine the nine votes it needs for a Security Council decision without technically casting a veto. On the side of Palestinian statehood one finds China, Russia, India, South Africa, Brazil, Lebanon, Nigeria, and Gabon, the leading countries of the South, the main peoples previously victimized by colonial rule. Is not a comparison of these geopolitical alignments sufficient by itself to resolve the issue of taking sides on such a litmus test of political identity? The old West versus the new South!

            Add to this the drama, eloquence, and forthrightness of Mahmoud Abbas’s historic speech of 23 September to the General Assembly that received standing ovations from many of the assembled delegates. Such a favorable reception was reinforced by its contrast with the ranting polemic delivered by the Israeli Prime Minister, Benjamin Netanyahu, who insulted the UN by calling it ‘the theater of the absurd’ while offering nothing of substance that might make even mildly credible his strident rhetoric claim to support ‘peace,’ ‘direct negotiations.’ and ‘a Palestinian state.’ The deviousness of Netanyahu was made manifest when a few days later the Israeli Government announced that it had approved 1,100 additional housing units in the major East Jerusalem settlement of Gilo. This was a bridge too far for even Hilary Clinton who called the move ‘counter-productive’ and Europeans regarded as deeply disappointing and confidence-destroying, so much so that Netanyahu was openly asked to reverse the decision. There are a variety of other indications that additional settlement expansion and ethnic cleansing initiatives will be forthcoming from Israel in the weeks ahead. Are not such expressions of Israeli defiance that embarrasses even their most ardent governmental supporter enough reason by itself to justify a Security Council recommendation of Palestine statehood at this time? Would it not be worthwhile at this crucial moment to demonstrate the wide chasm separating increasing global support for the pursuit of justice on behalf of the Palestinian people from this domestically driven American reliance on its ultimate right of veto to block Palestinain aspirations? Would it not be well to remind Americans across the country, including even its captive Congress, that its own Declaration of Independence wisely counseled ‘a decent respect for the opinions of mankind’? If ever the use of the veto seems ill-advised and deeply illegitimate, it is in this instance, which the Obama Administration seems to acknowledge, or otherwise why would it use its leverage to induce allies and dependent states to go along with its opposition to Palestinian membership in the UN?

            Turning to the speech itself, the language of recognition may be more notable than the substance. Never before in an international forum had the voice of the Palestinian Authority spoke of Israel’s occupation policies so unabashedly–as ‘colonial,’ as involving ‘ethnic cleansing,’ as imposing an unlawful ‘annexation wall,’ as creating a new form of ‘apartheid.’ With admirable directness, Israel was accused of carrying out the occupation in a manner that violated fundamental rules of international humanitarian law, and cumulatively amounted to the commission of crimes against humanity.

             In the course of his speech Abbas tried hard to reassure the Palestinian diaspora on two matters of deep concern: that the Palestine Liberation Organization (PLO) will continue to represent the Palestinian people, who are the ultimate beneficiaries of the most fundamental of Palestinian rights at stake, the right of self-determination. The issue here is lost on almost all observers of the conflict, that the Palestinian Authority (PA) of which Abbas is president is a subsidiary body that was created by the PLO with a temporary mandate to administer Palestinian territory under occupation, and thus it was important to allay suspicions that the PLO was an intended casualty of the statehood bid so as to territorialize the conflict and give the Abbas and PA leadership complete representational control over the Palestinian role at the UN. The deep concern here relates to the adequacy of representation relating to the Palestinians living in refugee camps in neighboring Arab countries or in exile around the world. In the Palestinian National Council, 483 of its 669 members are drawn from Palestinians not living under occupation. President Abbas used the clearest possible language to reaffirm the position of the PLO just prior to enumerating the five conditions guiding his leadership role: “I confirm, on behalf of the PLO, the sole legitimate representative of the Palestinian people, which will remain so until the end of the conflict in all its aspects and until the resolution of the final status issues.”

            In the background of this representation issue is an anxiety that Palestinian refugee rights will be forgotten or marginalized in the course of striking a deal that is build around a ‘land for peace’ formula. Again Abbas inserted some reassuring language in his speech to the effect that peace will depend on “a just and agreed upon solution to the Palestine refugee issue in accordance with resolution 194,” which unconditionally affirmed a Palestinian right of return. Relevantly, Netanyahu in his speech alluded to the “fantasy of flooding Israel with millions of Palestinians,” which is his way of both dismissing the rights of Palestinian refugees, especially as derived from the massive dispossession of Palestinian in 1948, and insisting on the Palestinian recognition of Israel as ‘a Jewish state.’ This insistence combines  demographics with democracy, contending that ever since the promise of Lord Balfour on behalf of the British Government to a leader of the Zionist movement in 1917 there were continual acknowledgements that Israel was a Jewish state. Netanyahu made short shrift of the claims to dignity and equality of the 1.5 million Palestinians existing under an array of discriminatory burdens by saying merely that Israel treats its minorities in a manner that respects their human rights. It should be recalled that the Balfour Declaration, a notoriously colonial disposition, did not promise the Jewish people a state, but rather ‘a national home,’ and that it was to be established in a manner that did not interfere with the ‘civil and religious rights of existing non-Jewish communities in Palestine.’ Human rights and democracy have become significantly universalized during the last several decades. This development implies that the governing structures of society embodied in the state must renounce any claim of ethnic or religious particularity. Political legitimacy in the 21st century should not be accorded to any state that claims to be a Jewish state, an Islamic state, or a Christian state. Such statist neutrality should be set forth as an element of legitimate statehood by formal action at the United Nations. Such a declaration would impose a limit on the right of self-determination by denying to peoples the right to establish ethnic or religious states. In a globalizing world ethnic and religious diversity are present in every major state, and needs to be respected by unfurling a banner of equality that grants religious freedom to all faiths and allows collective identities to be expressed without prejudice.

            For some widely respected Palestinian activists and NGOs, these assurances were not enough. With the formidable intellectual support of Oxford professor, Guy Goodwin-Gill, the very idea of Palestinian statehood compromises the representational rights of diaspora Palestinians within UN arenas of decision, and potentially deforms future negotiations by according predominance to territorial priorities. Guy-Goodwin’s analysis was built around the general view that a state could never adequately represent people outside its borders. Given existing realities this would mean disenfranchising the Palestine refugee and exile population that comprises a majority of ‘the Palestinian people’ who are as a collectivity the holder of the overarching entitlement embodied in the right of self-determination. Such a view may be technically correct, and operationally prudent, but it overstates the clarity of the legal implications of Palestinian statehood and UN membership, while understating the degree to which what is being questioned are the psycho-political priorities of the current PA/PLO leadership.  To further strengthen and promote the unity of the Palestinian global solidarity movement it is crucial to continue to seek accommodation between territorial and non-territorial dimensions of the Palestinian struggle, and thus to minimize intra-Palestinian divergencies, including the ongoing rift with Hamas. Here again Abbas had some reassuring words to say about the future implementation of the reconciliation agreement reached between the PLO and Hamas in June, but the failure of Hamas to endorse the statehood/membership bid at this time raises doubts about whether cooperation between these two political tendencies of Palestinians living under occupation will be forthcoming in the future.

           There are, against this background, some further grounds for concern that result from gaps or disappointing formulations in the Abbas speech. One glaring gap was the failure to address the accountability issues associated with the non-implemented recommendations of the Goldstone Report arising out of war crimes allegations associated with massive attacks (Israeli code named ‘Operation Cast Lead”) on Gaza between 27 December 2008 and 18 January 2009.  In an important statement issued by the Palestinian Centre of Human Rights, jointly with several respected human rights NGOs, the PLO was given responsibility for doing their best to see that these recommendations for referral to the International Criminal Court be carried out.  In the words of the statement, “should the PLO choose not to pursue the accountability process initiated by the Report of the UN Fact-Finding Mission – at the expense of the Statehood initiative – this will amount to the prioritization of political processes over victims’ fundamental rights; indicating acceptance of the pervasive impunity that characterizes the situation in Israel and the occupied Palestinian territory.”

         Although implicit in the Abbas speech, the systematic refusal of Israel to comply with international law, was not accorded the emphasis in deserves. Given this reality, it was comic irony for Netanyahu to invoke international law in relation to the captivity of a single Israel soldier, Gilad Shalit; of course, international law should be observed in relation to every person, but when Israel subjects the whole of Gaza to a punitive blockade that has lasted for more than four years, imprisons thousands of Palestinians in conditions below international legal standards, and refuses to implement the near unanimous Advisory Opinion of the World Court on the unlawfulness of its annexation wall, it has lost all credibility to rely on international law on those few occasions when it works to its advantage.

           Even more disturbing, because so relevant to the present posture of the conflict, was the rather bland expression of willingness on the part of the PLO to resume direct negotiations provided that Israel imposes “a complete cessation of settlement activities.” As there is no chance that this condition will be met, it may not be so important for Abbas to question the value of direct negotiations given their repeated failure to move the parties any closer to peace during the past 18 years. In fact, Israel has cloaked settlement expansion, ethnic cleansing, and a variety of encroachments on what might have at one time become a viable Palestinian state, with the charade of periodic peace talks held under the non-neutral auspices of the United States. What Abbas could have done more effectively, given the unlikelihood of an affirmative Security Council recommendation on UN membership, is to couple the statehood/membership bid with the demand of a new framework for future negotiations that includes both Israeli commitments to abandon settlement expansion in East Jerusalem as well as the West Bank, and more importantly, selects a state or regional organization to provide non-partisan auspices for the talks. Such a demand would have made clear that the PLO/PA was no longer willing to play along with the Oslo game that has more than doubled the settler population and allowed Israel to invest in an expensive settler only infrastructure that is unlikely to be ever voluntarily dismantled. It is past time to declare the Oslo framework of direct negotiations as terminally ill, futile, and illegitimate, and incapable of drafting a roadmap that leads anywhere worth going! For the UN to be one of the four Quartet members, especially given the American hegemonic control over the diplomacy on the conflict, also warranted a harsh comment by Abbas.

          What the future holds is more uncertain than ever. The mainstream media has tended to criticize both Israel and the PA/PLO as if their respective behavior was equivalent. For instance, the Palestinian statehood/membership initiative is treated as equally provocative as the Israeli announced intention to expand the unlawful Gilo settlement. Such an attitude does belong in the theater of the absurd, equating a completely legal, arguably overdue plea to be given an upgraded status at the UN with a criminal encroachment on basic Palestinian rights associated with territory under occupation, as recognized by Article 49(6) of the Fourth Geneva Convention.

           Whether Israel will follow through on its threats to ‘punish’ the PA for undertaking this completely legal initiative remains to be seen. Already there is troublesome indications of widespread settler violence in the West Bank that is either unopposed or backed by Israeli military and security units. As has been observed by the Israeli president, Shimon Peres, Israel will never have a more moderate partner for peace than the Ramallah leadership, and if it undermines its viability it will be demonstrating once again that it has lost its capacity to promote its national interests. It has showed this aspect of decline most dramatically by picking a fight with a resurgent Turkey, and then missing one opportunity after another to repair the damage, which is what Ankara earlier had hoped would happen. As regional developments move toward greater support for the Palestinian struggle, Israel is allowing what might have been a historic opportunity for a sustainable peace to slip away. An acute problem with extremism, whether of the Likud or Tea Party variety, is that it subordinates interests and rationality to the dictates of an obsessive and emotive vision that is incapable of calculating the balance of gains and losses in conflict situations, being preoccupied with all or nothing outcomes, which is the antithesis of diplomacy. This is a path that inevitably produces acute human suffering and often leads to disaster. It is time for Israelis to abandon such a path for their own sake and the sake of others!

Rethinking Afghanistan After a Decade

19 Sep

This post is a short essay responding to a question about my dramatic change of position on the Afghanistan War with regard to its initial justification and flawed execution. It is both a reconsideration of errors of judgment and reflections on how the world has changed in the course of this decade, focusing on the inability of the United States to grasp either its own decline or the related decline in the historical agency of hard power approaches to security.

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Reading what I wrote about Afghanistan a decade ago reminded me of how much my understanding of the role of war and hard power in upholding security for the nation and the world has changed. Actually, it seems clear to me that my views on Afghanistan back in 2001 were an exception to my general skepticism about Western interventions in the non-Western world, a view formed during ten years of opposition to the American role in the Vietnam War. At the time, with the Al Qaeda attacks so recently seared into my political consciousness, and some anxiety that more attacks of a similar kind were likely to follow, it seemed logical and helpful to adopt a war strategy as part of an overall effort to disrupt the mega-terrorist capabilities to inflict further harm either in this country or somewhere else on the planet. Although I realized that the international law argument for attacking Afghanistan, with the clear objective of regime change, was weak absent the exhaustion of diplomatic remedies, but such considerations were overcome in my mind by the political argument for doing immediately whatever was necessary to uphold security in this country and generally, and the moral argument that any successor government to what was being imposed on the Afghan people by the Taliban would almost inevitably be a step in the right direction. At first, these early assessments of mine seemed vindicated, but now with the benefit of ten further years of military engagement and retrospective insight, a reappraisal is long overdue.

 

There were some reasons for skepticism and worry from the outset of the approach to Afghanistan. The manner by which the air war was conducted, and its failure to adopt tactics designed to have a maximum impact on Al Qaeda capabilities were disturbing to me from the beginning of the military operations. The American military undertaking seemed poorly conceived and implemented, naively relying on untrustworthy coordination with Afghan ground forces that had their own distinct agendas often at odds with U.S. counter-terrorist priorities. This unreliability should have been known on the basis of intelligence and prior counterinsurgency experience. The United States Government, and especially the Rumsfeld Pentagon, were ideologically committed to fighting the war with minimum American ground involvement, thereby avoiding heavy American casualties, and yet achieve the goals of the intervention. This was proclaimed at the time to represent a test case for a ‘revolutionary’ transformation of warfare in which technology displaced troops on the ground. We learned very soon that virtually the entire Al Qaeda leadership had managed to escape across the border to Pakistan along with its main cadre of militant trained fighters.

 

Beyond this central mission failure, the promised regime change in Afghanistan quickly became a costly and obvious fool’s errand. The authority of the new political leadership in Kabul, handpicked by Washington, could hardly extend its writ beyond the capital city despite its dependence on the delegitimizing presence of foreign occupying forces. This led over time to the resurgence and regrouping of a variety of forces of national resistance to foreign occupation, as well as the unexpected revival of the Taliban as both a fighting force and a serious political challenger for control of the country.

 

Faulty perceptions in this post-9/11 period, including my own, ignored the lessons of Vietnam. It was one thing to mount a counter-terrorist operation against the Al Qaida presence in Afghanistan, which was itself an alien intrusion on national political space, but another for the leading country in the West to seek to override the workings of self-determination within Afghanistan so as to impose a governing structure and political culture more to its liking. This renwed reliance on counterinsurgency thinking, of which General David Petraeus, was the most influential voice within the military, sought to overcome memories of defeat in Vietnam by adopting an approach more friendly to and respectful of the indigenous culture and the human rights of the people supposedly being protected. But it is one thing to be abstractly sensitive in these ways, but it is another to remain a benevolent presence while killing the inhabitants of the country, especially its women and children, while simultaneously doing everything possible to minimize risks of injury and death to one’s own troops. In the circumstances that exist in Afghanistan these two sincerely held objectives are often in tension with notable incidents leading to anger either at the scene in Afghanistan or at home in the United States. It is ironic that Petraeus, despite his historical knowledge, political acumen, and his own prior efforts to right the mistakes of the past, relied on drone strikes at a rate of ten times that of his predecessor, resulting in a predictable rise in civilian casualties and popular alienation. The use of sophisticated unmanned aircraft firing missiles at human targets carries to new heights the technological one-sidedness of such counterinsurgency warfare where as much of the risk as possible is shifted to the territorial society and those who pick targets in safety have neither accountability for deliberate or accidental wrongs nor possess any leverage over the political dynamics within the country. It is this disabling irony that has yet to have its proper impact on American policymaking. Our political leaders seem unwilling to learn that military dominance rarely translates into favorable political outcomes at acceptable costs in the early 21st century.

 

Despite the evidence supporting such an interpretation of recent historical trends the mistakes of the past are stubbornly repeated, and such a pattern calls for an explanation. It is necessary to consider the impact of factors that overcome the expected rationality of government decision-making and problem solving. Perhaps, the most important of these is the emergence of what Mark Selden calls ‘the permanent warfare state’ in the United States. The country has for decades made a disproportionate investment in achieving military dominance on a global scale. The existence of such expensive capabilities generate strong bureaucratic and ideological pressures to rely on military approaches to ensure a favorable outcome of international conflicts. After all at present, if the United States spends more than the next ten countries in the world combined, there must be a commensurate political payoff, or else it is extremely discrediting with respect to the use of taxpayer revenues in a setting of intense fiscal concern about government spending..

 

It is this hard power dogmatism that has led the United States, along with its Western junior partners, to engage in a nation-building war in Afghanistan that seems destined for defeat and humiliation. As the Afghan saying goes: “You got the watches, we got the time.” Because the benefits to the United States of persisting in Afghanistan despite the costs seem so uncertain as compared to the clear goals of the opposition to rid the country of foreign occupiers, it seems likely that the longer-term and deeper commitments of the Afghan national resistance will reap eventually the rewards of its persistence. Of course, this prediction is reinforced by the low quality of the Karzai government that undermined its democratizing claim by stealing the most recent faux elections and through its corrupting links to the drug trade and warlords. In the twenty-first century those who cooperate with foreign invaders and occupiers rarely are able to claim ‘mission accomplished’ with any credibility at the end of the day. It is important also to realize that this was not true in the colonial era during which the superior military technology of the colonialists generally prevailed without large losses or major expenditures. Prior to World War II, there was insufficient confidence in the capacity of most non-Western societies to mount an effective national resistance to a determined military intervention, although even here Afghanistan stood out as the one country in Asia that colonial powers found impossible to pacify in a manner that served their interests, with both Britain and Russia failing in their attempts to do so. It is difficult for Americans to appreciate that foreign occupation poses such a stiff challenge to self-determination as to be very rarely viewed as liberating or legitimate by the civilian majority in a country subject to military intervention.

 

Such generalizations need to be distinguished from the sorts of interventions that seem to have been effective in Kosovo in 1999, and maybe again this year in Libya.  In Kosovo, the foreign intervention was a rescue operation in support of a domestic struggle of the Albanian overwhelming majority against what was perceived to be Serbian alien rule sustained by atrocities against Kosovars and posing an imminent threat of violent ethnic cleansing. It was, to the extent that the people of Kosovo enjoyed the status of being ‘a people’ in international law, possible to consider the NATO intervention as being in furtherance of self-determination rather than as an attempt to impose a Western oriented outcome. True, the clarity of such an endorsement of the Kosovo War is qualified by the absence of any UN Security Council authorization for the use of force and by NATO’s controversial reliance on high altitude bombing that killed an estimated 500 civilians on the ground. The post-conflict establishment of Camp Bonsteel, a huge NATO military base also raises questions about the purity of the alleged protective intentions.

 

In the case of Libya, although the NATO operations ignored the limits of the UN Security Council authorization, the military action reinforced a struggle already underway in the country, and backed by a majority of the population, against a hated dictator that was engaging in indiscriminate violence against his own people, and threatening to do worse. It remains to be seen whether the victors in Libya can bring constitutional democracy and an equitable economy to the country, but at least the intervention is highly unlikely to engender national resistance as there is no foreign occupation contemplated. There are already concerns about the prospect of manipulation behind the scenes by the intervening parties to bring big profits to NATO oil companies and construction firms. If these concerns materialize it could be quite discrediting to the nationalist claims of the new Transnational National Council leadership. Nevertheless, as of now, the main point stands: with UN backing, without any intention of foreign occupation and military bases, against an existing cruel, exploitative, and oppressive rule, and in support of an existing oppositional movement, a Western military intervention can achieve its initial goals, but even then not without evoking considerable controversy and raising suspicions about ulterior motives. Phase one is regime change as has taken place with the defeat of the Qaddafi regime, phase two is constitutional state building and equitable and sustainable development that remains to be achieved, and depends on national will and capabilities.

 

There was another major dimension of the Afghanistan War as it appeared in 2001 as compared to the way it seems in 2011. What I failed to appreciate then, and has still not been properly registered in mainstream foreign policy thinking, is that during the presidency of George W. Bush, the grand strategic emphasis was placed on control of the Middle East. This objective of grand strategy took precedence over the successful prosecution of the post-9/11 struggle against terrorism.  The two different undertakings were misleadingly merged in public consciousness by relying on the unifying, yet diversionary label of ‘global war on terror,’ but in fact while Afghanistan was directly linked to the 9/11 attacks the government of Saddam Hussein in Iraq was only indirectly, if at all, linked. The Iraq War launched in 2003 increased anti-American resentment throughout the Islamic world, and was at odds with an all out struggle against Al Qaeda, which would have given continuing priority to consolidating the early gains in Afghanistan and neighboring Pakistan. Instead, after the military attacks on Afghanistan produced the collapse of Taliban rule, the American emphasis immediately shifted dramatically to the Iraq War, and Afghanistan became a forgotten sideshow, which encouraged the steady deterioration of political order in the country, making a mockery of early claims of achieving a liberating political change welcomed by the population. Obama tried to overcome this unfortunate legacy of neo-conservative foreign policy by both promising to end the Iraq War, a commitment that remains problematic and unfulfilled, and a commitment to view the Afghanistan War as requiring renewed attention due to its relevance to the challenge of terrorism.

 

Finally, ten years after 9/11 the road not taken of law enforcement, intelligence collaboration, occasional special forces covert undertakings in foreign countries seems attractive on a number of grounds, and the defense of human rights at home and abroad. It would have avoided the costly, mostly failed efforts in Iraq and Afghanistan. It would have avoided national humiliation associated with the panicky recourse to torture that led to the globally discrediting disclosures of  systematic abuse of detainees at Guantanamo and Abu Ghraib, and a homeland security apparatus containing many features of authoritarian governance. It would have strengthened claims by the United States to provide benevolent world order leadership based on minimizing the role of war and military solutions, while maximizing the role of law, international police cooperation, and diplomacy, including efforts to take steps to acknowledge and overcome the legitimate grievances of the Arab World, especially the American failure to push for a fair and balanced solution to the Palestine/Israel conflict. This approach would have also allowed a greater concentration of the political imagination and the resources of the country on meeting domestic infrastructure problems and addressing such rising global challenges as climate change and persistent extreme poverty. Furthermore, such non-war path in response to the 9/11 attacks could have demonstrated a realization of the limits of hard power approaches to the solution of conflict and security problems in the early 21st century, and avoided falling again into the traps unwittingly set for the country by pro-interventionists and counterinsurgency advocates. Of course, a counter-factual portrayal of the decade is by definition unaware of the bumps in the road that would undoubtedly have been encountered, especially if further attacks had been successfully launched on high value targets within the United States.  Even conceding this unknowability, this alternative path would have been in closer accord with out ‘better angels,’ and corresponded with American continuing claims on the global stage to be the home of moral exceptionalism. If it failed once having been tried, the grounds for a more muscular approach would have been responsibly laid.

 

These retrospective comments are meant to be non-partisan as far as internal American politics are concerned. The Bush approach after 9/11 enjoyed  overwhelming support among the citizenry and in Congress. There were no influential dissenting voices. The mobilization of national unity on the basis of fear and anger, and reinforced by patriotic pride, was intense, effective, and unconditional. My regrets about the policies pursued are mainly preoccupied with the deficiencies of American political culture given the realities and challenges of our world. Unless the political mind of the country becomes quickly disenchanted with military approaches to conflict resolution there is every likelihood of repeating the mistakes of the past decade that will increase dangerous storm clouds that already cast dark shadows menacing the future wellbeing of the country and world.

The American and Global Experience of 9/10, 9/11, 9/12 +10:

15 Sep


            There is unacknowledged freedom associated with any event inscribed in our individual and collective experience of profoundly disabling and disturbing public occurrences. For most older Americans what is most vividly remembered among such occurrences is likely to have been Pearl Harbor, the assassination of JFK, and the 9/11 attacks, each coming as a shock to a shared societal sense of exceeding the limits of what could be expected to happen.  I doubt that other societies would have a comparable hierarchy of recollections about these three rupture of expectations that have proved so significant for an understanding of American political identity over the course of the last fifty years. To make my point clearer, most Japanese would almost certainly single out Hiroshima, and possibly the more recent disaster that followed the 3/11/11 earthquake and tsunami that led to the Fukushima meltdown, and are likely to ignore the events that Americans have found so transformative. Germans, and many Europeans, are likely to be inclined to remember the fall of the Berlin Wall, and possibly the exposure of the Holocaust, while most citizens of former colonies are undoubtedly most moved by the day on which their national independence was finally achieved.

 

         Because American responses to such transformative events are likely to be global in their effect, there is a greater tendency to acknowledge some American preoccupations but not their interpretation. This diversity amid universality is probably truer for 9/11 than any other recent transformative event, not only because of the drama of the attacks and global visualization in real time, but as a result of the violence unleashed in response, what I identify here as the perspective of 9/12. Shifting ever so slightly the angle of perception greatly alters our sense of the significance of the event. Just as 9/12 places emphasis on the American response, the launching of ‘the global war on terror,’ the day before, 9/10 calls our attention to the mood of imperial complacency and global vulnerability to American power that preceded the attacks. This mood was completely oblivious to the legitimate grievances that pervaded the Arab populace associated with the appropriation of the region’s resources, the American support lent to cruel and oppressive tyrants, the lethal sanctions imposed on the people of Iraq for a decade, the deployment of massive numbers of American troops near to Muslim sacred sites, and the enabling over the course of many years of Israel’s oppressive dispossession and occupation of Palestinian lands. From this perspective, the crimes of 9/11 were widely understood as an outgrowth of the wrongs of 9/10 and led unreflectively to the crimes and strategic mistakes of 9/12.  Such a critical understanding does not diminish the criminality of attacks directed at civilians, a strategic pushback that violates the most fundamental constraints of law and morality.

 

           It is probably misleading to think of 9/11 as primarily a global historical event. Undoubtedly its interpretation is mainly a national experience more affected by 9/10 and 9/12 than by the attacks themselves. Such an observation reminds us that despite the hype about globalization that was so prominent during the dawn of the Information Age in the 1990s, it is our shared lives within a particular sovereign state that continues to dominate our political consciousness. Surely most Palestinians see 9/11 through an optic reflecting their ordeal as understood on 9/10, while most Israelis likely saw 9/11 as a long overdue enabling of the 9/12 response that led Americans to share Israel’s preexisting national preoccupation with terrorism.  A deeper encounter with 9/11 ten years later allows us to sense more clearly that most of us are still living in a world of sovereign states despite the borderless wonders of social networking and other globalizing phenomena of this historical period. Even Europe that seemed to go further toward establishing a state-transcending civilizational identity required only the stress of an economic recession to bring back its strong conviction that what mattered most was not being a European but rather being Italian, Spanish, Greek, or French.

 

            Of course, for Americans this is not so obvious. The United States is truly a global state, perhaps the first in history, with the capabilities and commitment to act anywhere on the planet if its vital interests are at stake. From this perspective, 9/11 was experienced by many Americans as a challenge that could be neither addressed territorially nor by retaliatory attacks on the enemy state that inflicted the harm.  The leaders at the time, but with wide national backing, insisted that future security meant limiting freedom at home while waging war abroad. It was this global projection of this American security response that made it natural for 9/12 to be the day that most stays in the mind of foreigners, perhaps not literally, but through their feelings of victimization that resulted from the American respnse by way of war rather than through reliance on the enforcement of law against those who commit crimes against humanity. This latter road not taken, and not even seriously considered, might have been the most radical peacemaking experiment in all of modern history. It was far too radical for either the leadership or the citizenry of not only America, but the constituted politics of all states.

 

            With this outlook of American geopolitical exceptionalism, globalization seems real. When Barrack Obama was elected the American president in November 2008, it was a global event, with people the world over often believing that his election was more important for their future than the outcome of their own national elections. When Lula went to a meeting in Europe of the G-20 while he was still President of Brazil he said that he prayed for Obama more than for himself. The American role in the world economy and security system is truly global, but does that mean that 9/11 was interpreted as a blow struck against the whole world as George W. Bush insisted at the time? Hardly. For parts of the world it meant new and increased violence in their homeland, drones attacking targets selected in the U.S., special forces and an array of mercenaries roaming covertly in search of terrorist suspects, and new wars.

 

 

           We are, of course, free to remember certain things and to forget others. This is normally not done consciously, but it will explain the incredible diversity of how 9/11 was observed on its tenth anniversary, itself a milestone that causes especially Americans to pause and reflect. For most Americans, this became an occasion for a renewal of remorse, lament, resolve, and anger, if not rage.

 

            The most innocent memories of 9/11 are those of loss, a recollectionthat is both personal and collective, associated with any human tragedy caused deliberately that has a negative impact on innocent civilian lives. Less innocent, and more relevant ten years later, is the complexity surrounding the response that is prompted by fear, revenge, counter-crusading passions, and geopolitical ambition. In these respects, 9/11 is both text and pretext, and gave way to the 9/12 furies that unleashed a global war on terror that has caused widespread destruction, questionable improvements in security, and a general weakening of the American claim to exercise global leadership.

The legal flaws of the Palmer Commission flotilla report

13 Sep

The post below is jointly written with Phyllis Bennis, outstanding  journalist, author, and public intellectual who long been concerned with Israel/Palestine conflict, as well as more generally with American foreign policy.  It also appears on the Mondoweiss blog.

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The latest United Nations report on last year’s lethal flotilla incident – in which nine people were killed and many injured by Israeli commandos on board a humanitarian ship bound for Gaza – was released at the beginning of September, and generated much controversy. On the one hand, the report makes clear that Israel’s use of force on board the Mavi Marmara and in the treatment of those detained on the ship was excessive and unreasonable. It acknowledges that forensic evidence indicates at least seven were shot in the head or chest, five of them at close range, and recognizes that Israel still refused to provide any accounting of how the nine people were killed. It calls on Tel Aviv to compensate the families of those killed, eight Turks and one American, and also those who were seriously injured during and after the incident, passengers roughed up while in Israeli custody and whose cameras, cell phones and other belongings were confiscated.

 

The unusually small inquiry panel itself lacked credibility. It was chaired by former New Zealand prime minister and international environment law expert Geoffrey Palmer. Astonishingly, the only other independent member was its vice-chair, the former president of Colombia. Alvaro Uribe’s notorious history as a human rights abuser who called human rights advocates such as Amnesty International “rats,” as well as his legacy of seeking out the closest possible ties to and defense of Israel while in office, make him wildly inappropriate for such an assignment. The panel was rounded out with two members appointed by Israel and Turkey, each of whom appended a partisan dissent to the report.

 

It is therefore particularly significant that the report, despite several notable shortcomings, still confirmed several longstanding criticisms of Israel’s policies, especially the habitual reliance on excessive and unreasonable force when dealing with Palestinian issues.
Overall, however, the report of the Palmer Commission is severely flawed from an international law perspective. The most significant finding of the report is its most dangerous and legally dubious: the conclusion that Israel’s blockade of Gaza, in effect since mid-2007, was somehow, despite being severely harmful to the 1.5 million Palestinians living in Gaza, a legitimate act of self-defense. The report gives considerable attention to the illegal rockets fired into Israel by Palestinian militants mainly associated with Hamas, and notes, appropriately, that “stopping these violent acts was a necessary step for Israel to take in order to protect its people.” But while that justifies protective action, it does not make the case for a valid claim of self-defense under international law.

The report ignores altogether the crucial fact that a unilateral ceasefire had been observed by Hamas ever since the end of the Gaza War in early 2009. An earlier joint Israeli-Palestinian ceasefire had been declared in July 2008, and had led to a virtual halt in rocket attacks until it was broken by Israel in November of that year, in a lethal assault on Gaza that led to a crumbling of the ceasefire and thereafter to Israel’s Operation Cast Lead on December 27, 2008. The Palmer report cannot be legally persuasive on the central issue of self-defense without addressing the relevance of these ceasefires that gave Israel a viable security alternative to blockade and force. The fact that the word “ceasefire” does not even appear in the 105-page document underscores why this report is so unconvincing except to Israel’s partisans.

Instead of trying diplomacy, which had shown itself effective, Israel relied on a naval blockade, which prevented every boat from reaching the Gaza Strip, establishing a military siege, cruelly confining all Gazans, children, women and men (more than 50 percent of Gaza’s population is below the age of 15) living under occupation in what amounts to an open-air prison. Such a blockade is a massive and sustained example of collective punishment, unequivocally prohibited by Article 33 of the Fourth Geneva Convention.

The main goal of the flotilla was to bring desperately needed humanitarian goods, primarily medical equipment, to Gaza’s hospitals and clinics. But a second important goal was to challenge the illegal blockade, end the siege, and protect the rights of the people of Gaza. According to the Universal Declaration of Human Rights, every human being has the right to freedom of movement both within and between all countries yet for more than four years Israel’s siege of Gaza has denied Gazans their right to leave this crowded, impoverished territory, and denied entry to foreign visitors and even to family members. With all land borders closed and the UN and neighboring states unwilling to do more than call repeatedly but futilely on Israel to fulfill its obligation toward an occupied people, the flotilla movement was a peaceful and powerful way to expose the criminality of the siege and blockade of Gaza.

 

We should not lose sight of the essential nature of the incident. Israel launched a naval attack in the middle of the night on a humanitarian flotilla in international waters, whose six ships had been publicly inspected by harbor and police officials in a number of European countries to ensure there were no weapons on board before heading into international waters and had been tracked from the time they left port. It was neither reasonable nor necessary to mount such an attack for the sake of Israeli security.

 

Allowing a naval blockade – which the Palmer Commission acknowledges to be an act of war – to be imposed by Israel against the helpless civilian population of Gaza and then accepted as ‘legal’ by the UN, it is a sad day for both the global rule of law and the well-being of some of the most vulnerable and abused people on the planet.

 

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

11 Sep


 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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