Tag Archives: United States

Nuclear Free Middle East: Desirable, Necessary, and Impossible

28 Jan

Nuclear Free Middle East: Desirable, Necessary, and Impossible

            Finally, there is some argumentation in the West supportive of a nuclear free zone for the Middle East. Such thinking is still treated as politically marginal, and hardly audible above the beat of the war drums. It also tends to be defensively and pragmatically phrased as in the NY Times article by Shibley Telhami and Steven Kull (I.15..2012) with full disclosure title, “Preventing a Nuclear Iran.” The article makes a prudential argument against attacking Iran based on prospects of a damaging Iranian retaliation and the inability of an attack to destroy Iran’s nuclear program at an acceptable cost. The most that could be achieved for would be a short delay in Iran’s acquisition of weaponry, and maybe not even that. An attack seems likely to create irresistible pressure in Iran to everything possible to obtain a nuclear option with a renewed sense of urgency.

            This argument is sensibly reinforced by pointing to respected public opinion surveys that show Israeli attitudes to be less war-inclined than had been generally assumed. According to a Israeli recent poll, only 43% of Israelis favoring a military strike, while 64% favored establishing a nuclear free zone (NFZ) in the region that included Israel. In effect, then, establishing a NFZ that includes Israel would seem politically feasible, although not a course of action that would be entertained by the current Tel Aviv governmental political climate. We can conclude that the silence of Washington with respect to such an alternative approach to the dispute with Iran confirms what is widely believed, namely, that the U.S. Government adheres to the official Israeli line, and is not particularly sensitive to the wishes of the Israeli public even to the extent of serving America’s own strong national interest in finding a peaceful solution to the conflict.

            A variant of NFZ thinking has recently been attributed to Saudi Prince Turki Al-Faisal, former Saudi ambassador to the United States and once the head of Saudi intelligence. He too argues that NFZ is a better alternative than the military option, which he contends should be removed from the table. Prince Turki insists that sanctions have not altered Iran’s behavior. His proposal is more complex than simply advocating a NFZ. He would favor sanctions against Iran is there is convincing evidence that it is seeking nuclear weapons, but he also supports sanctions imposed on Israel if it does not disclose openly the full extent of its nuclear weapons arsenal.  His approach has several additional features: extending the scope of the undertaking to all weapons of mass destruction (WMD), that is, including biological and chemical weapons; establishing a nuclear security umbrella for the region by the five permanent members of the UN Security Council; and seeking a resolution of outstanding conflicts in the region in accordance with the Mecca Arab proposals of 2002 that calls for Israeli withdrawal from Palestinian territories and the Golan Heights occupied in 1967, as well as the political and commercial normalization of relations between Israel and the Arab world.

            Prince Turki warns that if such an arrangement is not soon put in place, and Iran proceeds with its nuclear program, other countries in the region, including Turkey, are likely to be drawn into an expensive and destabilizing nuclear arms race. In effect, as with Telhami and Kull, Prince Turki’s approach is designed to avoid worst case scenarios, but is framed mainly in relation to the future of the region rather than confined to the Israel/Iran confrontation.  

It concretely urges establishing such a framework with or without Israeli support at a conference of parties to the Nuclear Nonproliferation Treaty scheduled for later in the year in Finland. Israel, not a party to the NPT, has not indicated its willingness to attend the conference at this point. As long ago as the 1995 NPT Review Conference the Arab countries put forward a proposal to establish in the Middle East a WMD free zone, but it has never been acted upon at any subsequent session. Israel, which is not a member of the NPT, has consistently taken the position over the years that a complete peace involving the region must precede any prohibition directed at the possession of nuclear weapons.

            The NFZ or WMDFZ initiatives need to be seen in the setting established by the NPT regime. An initial observation involves Israel’s failure to become a party to the NPT coupled with its covert nuclear program that resulted in the acquisition of the weaponry with the complicity of the West as documented in Seymour Hersh’s 1991 The Samson Option.  Such a pattern of behavior needs to be contrasted with that of Iran, a party to the NPT that has reported to and accepted, with some friction, inspections on its territory by the Western oriented International Atomic Energy Agency. Iran has consistently denied any ambition to acquire nuclear weapons, but has insisted on its rights under Article IV of the treaty to exercise “..its inalienable right..to develop research, production and use of nuclear energy for peaceful purposes without discrimination..” Iran has been under constant threat of an attack by Israel, the target for several years of Israel’s dirty low intensity war, the target of a Congressionally funded destabilization program of the United States reinforced by a diplomacy that constantly reaffirms the relevance of the military option, and operates in a political climate that excludes consideration of Israel’s nuclear arsenal. What is surprising under these circumstances is that Iran has not freed itself from NPT obligation by exercising its option to withdraw from the treaty as it entitled to do by Article X provided only that it gives notice to other treaty parties and an explanation of its reasons for withdrawing.

            Comparing these Israeli and Iran patterns of behavior with respect to nuclear weapons, it is difficult not to conclude that it is Israel, not Iran, that should be subjected to sanctions, and pressure to participate in denuclearizing negotiations. After all, Israel acquired the weaponry secretly, has not been willing to participate in the near universal discipline to the NPT, and has engaged in aggressive wars repeatedly against its neighbors resulting in long-term occupations. It can be argued that Israel was entitled to enhance its security by remaining outside the NPT, and thus is acting within its sovereign rights. This is a coherent legalistic position, but we should all realize by now that the NPT is more a geopolitical than a legal regime, and that Iran, for instance, would be immediately subject to a punitive response if it tried to withdraw from the treaty. In other words geopolitical priorities override legal rights in the NPT setting.

         The NPT is shaped by its geopolitical nature. This is best illustrated by the utter refusal of the nuclear weapons states, above all the United States, to fulfill its obligation under Article VI “to pursue negotiations in good faith on effective measures relating to the cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control.” The International Court of Justice in its 1996 Advisory Opinion on The Legality of Nuclear Weapons unanimously affirmed in its findings the legal imperative embodied in Article VI: “There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament, and on a treaty on general and complete disarmament in all its aspects under strict international control.” This finding that has been completely ignored by the nuclear weapons states (who had earlier made a furious failed effort to dissuade the UN General Assembly from seeking guidance from the ICJ with respect to the legal status of nuclear weapons and the obligations of the NPT). The refusal to uphold these obligations of Article VI would certainly appear to be a material breach of the treaty that authorizes any party to regard the treaty as void. Again the international discourse on nuclear weapons is so distorted that it is a rarity to encounter criticism of its discriminatory application, its double standards as between nuclear and non-nuclear states, and its geopolitical style of selective enforcement. In this regard it should be appreciated that the threat of military attack directed at Iran resembles reliance on the so-called Bush Doctrine of preventive war that had been used to justify aggression against Iraq in 2003.

            In summary, it is of utmost importance to avoid a war in the Middle East arising from the unresolved dispute about Iran’s nuclear program. One way to do this is to seek a NFZ or a WMDFZ for the entire region that includes the participation of Israel. What has given this approach a renewed credibility for the West is that it seems the only way to avoid a lose/lose war option, that it possesses some prudential appeal to change minds in Tehran and Tel Aviv, and also to engage Washington in a less destructive and self-destructive course of action. Whether this prudential appeal is sufficiently strong to overcome the iron cage of militarism that guides policy choices in Israel and the United States remains doubtful. Thinking outside the militarist box remains a forbidden activity, partly reflecting the domestic lock on the political and moral imagination of these countries by their respective military industrial media think tank complexes.

            I would conclude this commentary with three pessimistic assessments that casts a dark shadow over the regional future:

(1)  an NFZ or WMDFZ for the Middle East is necessary and desirable, but it almost certainly will not placed on the political agenda of American-led diplomacy relating to the conflict;

(2)  moves toward nuclear disarmament negotiations that have been legally mandated and would be beneficial for the world, and for the nuclear weapons states and their peoples, will not be made in the current atmosphere that blocks all serious initiatives to abolish nuclear weapons;

(3)   the drift toward a devastating attack on Iran will only be stopped by an urgent mobilization of anti-war forces in civil society, which seems unlikely given other preoccupations.  

 

 

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Stop Warmongering in the Middle East

20 Jan

 

            The public discussion in the West addressing Iran’s nuclear program has mainly relied on threat diplomacy, articulated most clearly by Israeli officials, but enjoying the strong direct and indirect backing of Washington and leading Gulf states.  Israel has also engaged in covert warfare against Iran in recent years, somewhat supported by the United States, that has inflicted violent deaths on civilians in Iran. Many members of the UN Security Council support escalating sanctions against Iran, and have not blinked when Tel Aviv and Washington talk menacingly about leaving all options on the table, which is ‘diplospeak’ for their readiness to launch a military attack. At last, some signs of sanity are beginning to emerge to slow the march over the cliff. For instance, the Russian Foreign Minister, Sergei Lavrov, commented harshly on this militarist approach: “I have no doubt that it would pour fuel on a fire which is already smoldering, the hidden smoldering fire of Sunni-Shia confrontation, and beyond that [it would cause] a chain reaction. I don’t know where it would stop.” And a few days ago even the normally hawkish Israeli Minister of Defense, Ehud Barak, evidently fearful of international panic and a preemptive response by Tehran, declared that any decision to launch a military attack by Israel is ‘very far off,’ words that can be read in a variety of ways, mostly not genuinely reassuring.

 

            It is not only an American insistence, despite pretending from time to time an interest in a diplomatic solution, that only threats and force are relevant to resolve this long incubating political dispute with Iran, but more tellingly, it is the stubborn refusal by Washington to normalize relations with Iran, openly repudiate the Israeli war drums, and finally accept the verdict of history in Iran adverse to its strategic ambitions. The United States has shown no willingness despite the passage of more than 30 years to accept the outcome of Iran’s popular revolution of 1978-79 that nonviolently overthrew the oppressive regime of the Shah. We need also to remember that the Shah had been returned to power in 1953 thanks to the CIA in a coup against the constitutional and democratically elected government of Mohamed Mossadegh, whose main crime was to nationalize the Iranian oil industry. This prolonged unwillingness of Washington to have normal diplomatic contact with Iran has been a sure recipe for international tension and misunderstanding, especially taking into account this historical background of American intervention in Iran, as well as the thinly disguised interest in recovering access to Iran’s high quality oil fields confirmed by its willingness to go along with Israel’s militarist tactics and diplomacy.

 

            This conflict-oriented mentality is so strong in relation to Iran than when others try their best to smooth diplomatic waters, as Brazil and Turkey did in the May 2010, the United States angrily responds that such countries should mind their own business, which is an arrogant reprimand, considering that Turkey is Iran’s next door neighbor, and has the most to lose if a war results from the unresolved dispute involving Iran’s contested nuclear program. It should be recalled that in 2010 Iran formally agreed with leaders from Brazil and Turkey to store half or more of its then stockpile of low enriched uranium in Turkey, materials that would be needed for further enrichment if Iran was truly determined to possess a nuclear bomb as soon as possible. Instead of welcoming this constructive step back from the precipice Washington castigated the agreement as diversionary, contending that it interfered with the mobilization of support in the Security Council for ratcheting up sanctions intended to coerce Iran into giving up its right to a complete nuclear fuel cycle. Such criticism of Turkey and Brazil for its engagement with peace diplomacy contrasts with its tacit endorsement of Israeli recourse to terrorist tactics in its efforts to destabilize Iran, or possibly to provoke Iran to the point that it retaliates, giving Tel Aviv the pretext it seems to seek to begin open warfare.

 

Iran is being accused of moving toward a ‘breakout’ capability in relation to nuclear weapons, that is, possessing a combination of knowhow and enough properly enriched uranium to produce nuclear bombs within a matter of weeks, or at most months. Tehran has repeatedly denied any intention to become a nuclear weapons state, but has insisted all along that it has the same legal rights under the Nonproliferation Treaty as such other non-nuclear states as Germany and Japan, and this includes the right to have a complete nuclear fuel cycle, which entails enrichment capabilities and does imply a breakout capability. In the background, it should be realized that even the 1968 Treaty on the Nonproliferation of Nuclear Weapons contains a provision that allows a party to withdraw from the obligations under the treaty if it gives three months notice and ‘decides that extraordinary events..have jeopardized its supreme national interests.’(Article X) Such a provision, in effect, acknowledges the legal right of a country to determine its own security requirements in relation to nuclear weapons, a right that both the United States and Israel in different ways have implicitly exercised for decades with stunning irresponsibility that includes secrecy, a failure to pursue nuclear disarmament that is an obligation of the treaty, and a denial of all forms of international accountability. The real ‘threat’ posed by a hypothetical Iran bomb is to Israel’s regional monopoly over nuclear weapons. As three former Mossad chiefs have stated, even if Iran were to acquire a few nuclear bombs, Israel would still face no significant additional threat to its security or existence, as any attack would be manifestly suicidal, and Iran has shown no such disposition toward recklessness in its foreign policy.

 

            To be objective commentators we must ask ourselves whether Iran’s posture toward its nuclear program is unreasonable under these circumstances. Is not Iran a sovereign state with the same right as other states to uphold its security and political independence when facing threats from its enemies armed with nuclear weapons? When was the last time resorted to force against a hostile neighbor? The surprising answer is over 200 years ago! Can either of Iran’s antagonists claim a comparable record of living within its borders? Why does Iran not have the same right as other states to take full advantage of nuclear technology? And given Israeli hostility, terrorist assaults, and military capabilities that includes sophisticated nuclear warheads, delivery style, and a record of preemptive war making, would it not be reasonable for Iran to seek, and even obtain, a nuclear deterrent? True, the regime in Iran has been oppressive toward its domestic opposition and its president has expressed anti-Israeli views in inflammatory language (although exaggerated in the West), however unlike Israel, without ever threatening or resorting to military action. It should also be appreciated that Iran has consistently denied an intention to develop nuclear weaponry, and claims only an interest in using enriched uranium for medical research and nuclear energy. Even if there are grounds to be somewhat skeptical about such reassurances, given the grounds for suspicion that have been ambiguously and controversially validated by reports from International Atomic Energy Agency, this still does not justify sanctions, much less threats backed up by deployments, war games, projected attack scenarios, and a campaign of terrorist violence.

 

            So far no prominent advocates of confrontation with Iran have been willing to acknowledge the obvious relevance of Israel’s nuclear weapons arsenal. Is not the actuality of nuclear weaponry, not only an Iranian breakout potential but a substantial arsenal of Israeli weaponry secretly acquired (200-300 warheads), continuously upgraded, and coupled with the latest long distance delivery capabilities, the most troublesome threat to regional stability and peace? At minimum, are not Israel’s nuclear weapons stockpile highly relevant both to bring stability and for an appraisal of Iran’s behavior? The United States and Israel behave in the Middle East as if the golden rule of international politics is totally inapplicable, that you can do unto others, what you are unwilling to have them do unto you!

 

            We need, as well, to remember the lessons of recent history bearing on the counter-proliferation tactics relied upon in recent years by the United States. Iraq was attacked in 2003 partly because it did not have any nuclear weapons, while North Korea has been spared such a comparably horrific fate because it possesses a retaliatory capability that would likely be used if attacked, and has the capability to inflict severe harm on neighboring countries. If this experience relating to nuclear weapons is reasonably interpreted it could incline governments that have hostile relations to the West to opt for a nuclear weapons option as necessary step to discourage attacks and interventions. Surely putting such reasoning into practice would not be good for the region, possibly igniting a devastating war, and almost certainly leading to the spread of nuclear weapons to other Middle Eastern countries. Instead of moving to coerce, punish, and frighten Iran in ways that are almost certain to increase the incentives of Iran and others to possess nuclear weaponry, it would seem prudent and in the mutual interest of all to foster a diplomacy of de-escalation, a path that Iran has always signaled its willingness to pursue. And diplomatic alternatives to confrontation and war exist, but require the sort of political imagination that seems totally absent in the capitals of hard power geopolitics.  

 

            It should be obvious to all but the most dogmatic warmongers that the path to peace and greater stability in the region depends on taking two steps long overdue, and if not taken, at least widely debated in public: first, establishing a nuclear free Middle East by a negotiated and monitored agreement that includes all states in the region, including Israel and Iran; secondly, an initiative promoted by the United Nations and backed by a consensus of its leading members to outline a just solution for the Israel/Palestine conflict that is consistent with Palestinian rights under international law, including the Palestinian right of self-determination, which if not accepted by Israel (and endorsed by the Palestinian people) within twelve months would result in the imposition of severe sanctions. Not only would such initiatives promote peace and prosperity for the Middle East, but this turn to diplomacy and law would serve the cause of justice both by putting an end to the warmongering of recent years and to the intolerable denial of rights to the Palestinian people that goes back to at least 1947, and was later intensified by the oppressive occupation of East Jerusalem, West Bank, and Gaza that resulted from the outcome of the 1967 War.

 

            These manifestly beneficial alternatives to sanctions and war is neither selected, nor even considered in the most influential corridors of opinion-making. It is simple to explain why: world order continues to be largely shaped by the rule of power rather than the rule of law, or by recourse to the realm of rights, and no where more so than in the Middle East where the majority of the world’s oil reserves are located, and where an expansionist Israel refuses to make real peace with its neighbors while subjugating the Palestinian people to an unendurable ordeal. Unfortunately, a geopolitical logic prevails in world politics, which means that inequality, hierarchy, and hard power control the thought and action of powerful governments whenever toward strategic interests are at stake. Perhaps, a glance at recent history offers the most convincing demonstration of the validity of this assessment: Western military interventions in Iraq and Libya, as well as the intimidating threats of attacks on Iran, three states in the region with oil and regimes unfriendly to the West. Egypt and Tunisia, the first-born children of the Arab Spring, were undoubtedly politically advantaged by not being major oil producing states, although Egypt is not as lucky as Tunisia because Israel and the United States worry that a more democratic Egyptian government might abandon the 1978 Peace Treaty and show greater solidarity with the Palestinian struggle, and are doing what they can to prevent Cairo from moving in such directions.

 

            Fortunately, there is a growing, although still marginal, recognition that despite all the macho diplomacy of recent years, a military option is not really viable. It would not achieve its objective of destroying Iran’s nuclear capabilities, and it would in all likelihood confirm the opinions among Iranian hawkish factions that only the possession of nuclear weapons will keep their country from facing the catastrophe brought on by a military attack. Beyond this, attacking Iran would almost certainly unleash retaliatory responses, possibly blocking the Straits of Hormuz, which carry 20% of the world’s traded oil, and possibly leading to direct missile strikes directed at Israel and some of the Gulf countries. Given this prospect, there is beginning to be some indication that the West is at last beginning to consider alternatives to hot war in responding to Iran.

 

            But so far this realization is leading not to the peaceful initiatives mentioned earlier, but to a reliance on ‘war’ by other means. The long confrontation with Iran has developed its own momentum that makes any fundamental adjustment seem politically unacceptable to the United States and Israel, a sign of weakness and geopolitical defeat. And so as the prospect of a military attacked is temporarily deferred for reasons of prudence, as Barak confirmed, but in its place is put this intensified and escalating campaign of violent disruption, economic coercion, and outright terrorism. Such an ongoing effort to challenge Iran has produced a series of ugly and dangerous incidents that might at some point in the near future provoke a hostile Iranian reaction, generating a sequence of action and reaction that could plunge the region into a disastrous war and bring on a worldwide economic collapse.

 

            The main features of this disturbing pattern of covert warfare are becoming clear, and are even being endorsed in liberal circles because such a course of action is seen as less harmful to Western interests than an overt military attack, proceeding on the assumptions that are no better alternatives than confrontation in some form.  Israel, with apparent American collaboration, assassinates Iranian nuclear scientists, infects Iranian nuclear centrifuges used to enrich uranium with a disabling Stuxnet virus, and recruits Iranians to join Jundallah, an anti-regime terrorist organization in Iran, to commit acts of violence against civilian targets, such as the 2009 attack on the mosque in Zahedan that killed 25 worshippers and wounded many others. The New York Times in an editorial  (January 13, 2012) describes these tactics dispassionately without ever taking note of their objectionable moral or legal character: “An accelerating covert campaign of assassinations, bombings, cyber attacks and defections—carried out mainly by Israel, according to The Times—is slowing..[Iran’s nuclear] program, but whether that is enough is unclear.” The editorial observes that “a military strike would be a disaster,” yet this respected, supposedly moderate, editorial voice only questions whether such a pattern of covert warfare will get the necessary job done of preventing Iran from possessing a nuclear option sometime in the future.

 

            It should be obvious that if it was Iran that was engaging in similar tactics to disrupt Israeli military planning or to sabotage Israel’s nuclear establishment liberal opinion makers in the West would be screaming their denunciations of Iran’s barbaric lawlessness. Such violations of Israel sovereignty and international law would be certainly regarded by the West as unacceptable forms of provocation that would fully justify a major Israeli military response, and make the outbreak of war seem inevitable and unavoidable.

 

            And when Iran did recently react to the prospect of new international sanctions making its sale of oil far more difficult by threatening to block passage through the Straights of Hormuz, the United States reacted by sending additional naval vessels to the area and warning Tehran that any interference with international shipping would be ‘a red line’ leading to U.S. military action. It should be incredible to appreciate that assassinating nuclear scientists in Iran is okay with the arbiters of international behavior while interfering with the global oil market crosses a war-provoking red line. These self-serving distinctions illustrate the dirty work of geopolitics in the early 21st century.

 

            There are some lonely voices calling for a nuclear free Middle East and a just settlement of the Israeli/Palestine conflict, but even with credentials like long service in the CIA or U.S. State Department, these calls are almost totally absent in the mainstream discourse that controls debate in the United States and Israel. When some peaceful alternatives are entertained at all it is always within the framework of preventing Iran doing what it seems entitled to do from the perspectives of law and prudence. I am afraid that only when and if a yet non-existent Global Occupy Movement turns its attention to geopolitics will the peoples of the Middle East have some reason to hope for a peaceful and promising future for their region.    

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Toward A Jurisprudence of Conscience

26 Nov

Ever since German and Japanese surviving leaders were prosecuted after World War II at Nuremberg and Tokyo, there has been a wide abyss separating the drive for criminal accountability on the part of those who commit crimes against peace, crimes against humanity, war crimes from the realities of world politics. The law is supposed to push toward consistency of application, with the greatest importance attached to holding accountable those with the greatest power and wealth. The realities of world politics move in the opposite direction, exempting from criminal accountability those political actors that play dominant roles. In a sense the pattern was encoded in the seminal undertakings at Nuremberg and Tokyo that assumed the partially discrediting form of ‘victors’ justice.’ Surely the indiscriminate bombings of German and Japanese cities by Allied bomber fleets and the dropping of atomic bombs on Hiroshima and Nagasaki were ‘crimes’ that should have been investigated and punished if the tribunals had been fully ‘legal’ in their operations. It was the case, especially in Tokyo, that the tribunal allowed defendants to be represented by competent lawyers and that the judges assessed fairly the evidence alleging criminality, producing dissenting opinions in the Japanese proceedings and there was an acquittal at Nuremberg. In effect, there was a measure of procedural fairness in these trials. Without doubt those who were accused of crimes did engage in activity that was legally permissible and important for the future of world order to criminalize through findings of guilt and impositions of punishment, but this outcome was flawed to the extent that victors were not subject to comparable standards of accountability.

There was a second message arising from these trials: that winning side by conducting trials of this kind takes advantage of the opportunity to reinforce claims as to the justice of historical verdicts by pronouncing on the criminality of losers while overlooking the criminality of victors.  There was also a third message that tries to overcome the flaw of double standards. It has been called ‘the Nuremberg promise,’ and involves a commitment by the victors in the future to abide by the norms and procedures used to punish the German and Japanese surviving military and political leaders. In effect, to correct this flaw associated with victors’ justice by making criminal accountability in the future a matter of law applicable to all rather than a consequence of the outcome of wars or a reflection of geopolitical hierarchy.

The Chief Prosecutor at Nuremberg, Justice Robert Jackson (excused temporarily from serving as a member of the U.S. Supreme Court), gave this promise an enduring relevance in his official statement to the court: “If certain acts and violations of treaties are crimes, they are crimes whether the United  States does them or whether Germany does them. We are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.” These words are repeatedly quoted by peace activists, yet ignored by political leaders who took no notice of either the original flaw at Nuremberg or the obligation to remove it. Since 1945 crimes by the victors in conflict have continued to be overlooked by international criminal law, while prosecutions reflecting geopolitical leverage have kept happening without any concerted intergovernmental or UN effort to correct the imbalance. Since the end of the Cold War implementation of criminal responsibility has been increasingly imposed on losers in world politics, including such leaders as Slobadan Milosevic, Saddam Hussein, and Muammar Qaddafi each of whom were deposed by Western military force, and either summarily executed or prosecuted.

This dual pattern of criminal accountability that cannot be fully reconciled with law or legitimacy has given rise to several reformist efforts. Civil society and some governments have favored a less imperfect legalization of criminal accountability, and raised liberal hopes by unexpectedly achieving the establishment of the International Criminal Court in 2002 through the extraordinary efforts of a global coalition of NGOs and the commitment of a group of middle powers. Fearful of losing their impunity geopolitical heavyweights such as the United States, China, India, and Russia have refused to sign on to the ICC. Yet this and other formal initiatives have not yet seriously impinged on the hierarchal realities of world politics, which continue to exhibit an embrace of the Melian ethos when it comes to criminal accountability: “the strong do what they will, the weak do what they must.” Such an ethos marked, for Thucydides, unmistakeable evidence of Athenian decline, but for contemporary realists a different reading has been prevalent, underpinning political realism, contending that hard power calls the shots in history, and the losers have no choice but to cope as best they can. Double standards persist: the evildoers in Africa are targets of prosecutors, but those in the West that wage aggressive war or mandate torture as national policies continue to enjoy impunity as far as formal legal proceedings are concerned.

The existence of double standards is part of the deep structure of world politics. It was even given constitutional status by being written into the Charter of the United Nations that permits the five permanent members of the UN Security Council, that is the winners in 1945, to exercise a veto over any decision affecting the peace and security of the world, thereby exempting the world’s most dangerous states, being the most militarily powerful and expansionist, from any obligation to uphold international law. Such a veto power, while sounding the death knell for the UN in its core role of war prevention based on law rather than geopolitics, is probably responsible for keeping the Organization together through times of intense geopolitical conflict. Without the veto, undoubtedly the West would

have managed to push the Soviet Union and China out the door during the Cold War years, and the UN would have disintegrated in the manner of the League of Nations, which after the end of World War I converted Woodrow Wilson’s dream into a nightmare.  Beyond this, even seen through a geopolitical optic, the anachronistic character of the West-centric Security Council is a remnant of the colonial era. 2011 is not 1945, but the difficulty of achieving constitutional reform means that India, Brazil, Turkey, Indonesia, and South Africa seem destined to remain permanent ladies in waiting as the UN goes about its serious male business. What this means for UN authority, including its sponsorship of the politics of individual criminal accountability, is that all that is ‘legal’ is not necessarily ‘legitimate.’

My argument seeks to make two main points: first, double standards pervade the application of international criminal law eroding its authority and legitimacy; and secondly, those geopolitical hierarchies that are embedded in the UN framework lose their authority and legitimacy by not adapting to changing times and conditions, especially the collapse of the colonial order and the rise of non-Western centers of soft and hard power.

There are different kinds of efforts to close this gap between the legal and the legitimate in relation to the criminality of political leaders and military commanders. One move is at the level of the sovereign state, which is to encourage the domestic criminal law to extend its reach to cover international crimes. Such authority is known as Universal Jurisdiction (UJ), a hallowed effort by states to overcome the enforcement weaknesses of international law, initially developed to deal with the crime of piracy, interpreted as a crime against the whole world. Many liberal democracies in particular have regarded themselves as agents of the international legal order, endowing their judicial system with the authority to apprehend and prosecute those viewed as criminally responsible for crimes of state. The legislating of UJ represented a strong tendency during the latter half of the twentieth century in the liberal democracies, especially in Western Europe. This development reached public awareness in relation to the dramatic 1998 detention in Britain of Augusto Pinochet, former ruler of Chile, in response to an extradition request from Spain where criminal charges had been judicially approved. The ambit of UJ is wider than its formal implementation as its mere threat is intimidating, leading those prominent individuals who might be detained and charged to avoid visits to countries where such claims might be plausibly made. As might be expected, UJ gave rise to a vigorous geopolitical campaign of pushback, especially by the governments of the United States and Israel reacted with most fear to this prospect of criminal apprehension by foreign national courts. As a result of intense pressures, several of the European UJ states have rolled back their legislation so as to calm the worries of travelers with tainted records of public service!

There is another approach to spreading the net of criminal accountability that has been taken, remains controversial, and yet seems responsive to the current global atmosphere of populist discontent. It involves claims by civil society, by the peoples of the world, to establish institutions and procedures designed to close the gap between law and legitimacy in relation to the application of international criminal law. Such initiatives are appropriately traced back to the 1966-67 establishment of the Bertrand Russell International Criminal Tribunal that examined charges of aggression and war crimes associated with the American role in the Vietnam War. The charges were weighed by a distinguished jury composed of moral and cultural authority figures chaired by Jean-Paul Sartre. The Russell Tribunal was derided at the time as a ‘kangeroo court’ or a ‘circus’ because its conclusions could be accurately anticipated in advance, its authority was self-proclaimed and without governmental approval, it had no control over those accused, and its capabilities fell far short of enforcement. What was overlooked in such criticism was the degree to which this dismissal of the Russell experiment reflected the monopolistic and self-serving claims of the state and state system to control the administration of law, ignoring the contrary claims of society to have law administered fairly in accord with justice, at least symbolically. Also ignored by critics was the fact that only such initiatives could overcome the blackout of truth achieved by the geopolitics of impunity. The Russell Tribunal may not have been ‘legal’ as understood from conventional governmental perspectives, but it was ‘legitimate’ in responding to double standards, by calling attention to massive crimes and dangerous criminals who otherwise enjoy a free pass, and by providing a reliable and comprehensive narrative account of criminal patterns of wrongdoing that destroy or disrupt the lives of entire societies and millions of people. As it happens, these societal initiatives require a great effort, and only occur where the criminality seems severe and extreme, and where a geopolitical mobilization precludes inquiry by established institutions of criminal law.

It is against this background that we understand a steady stream of initiatives that build upon the Russell experience. Starting in 1979, the Basso Foundation in Rome sponsored a series of such proceedings under the rubric of the Permanent Peoples Tribunal that explored a wide variety of unattended criminal wrongs, including dispossession of indigenous peoples, the Marcos dictatorship, Armenian massacres, self-determination claims of oppressed peoples.  In 2005 the Istanbul World Tribunal on Iraq inquired into the claims of aggression, crimes against humanity, and war crimes associated with the U.S./UK invasion and occupation of Iraq, commencing in 2003, causing as many as one million Iraqis to lose their lives, and several million to be permanently displaced from home and country. In the last several weeks the Russell Tribunal on Palestine, a direct institutional descendant of the original undertaking, held a session in South Africa to investigate charges of apartheid, as a crime against humanity, being made against Israel. In a few days, the Kuala Lumpur War Crimes Tribunal will launch an inquiry into charges of criminality made against George W. Bush and Tony Blair for their roles in planning, initiating, and prosecuting the Iraq War, to be followed a year later by a subsequent inquiry into torture charges made against Dick Cheney, Donald Rumsfeld, and Alberto Gonzales. I intend to write subsequently about each of these proceedings.

Without doubt such societal efforts to bring at large war criminals to symbolic justice should become a feature of the growing demand around the world for real democracy sustained by a rule of law that does not exempt from responsibility the rich and powerful whether they are acting internally or internationally.

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Language, Law, and Truth

21 Nov

 

“The language marches in step with the executioners.

  Therefore we must get a new language.” 

                       Tomas Tranströmer, Night Duty

 

            Marjorie Cohn, a respected progressive commentator on the use and abuse of international law during the past decade, notes with justifiable horror the willingness of Republican candidates for president to endorse torture as an acceptable instrument of counterterrorism. [Cohn, “US Presidential Elections: GOP Candidates Advocate Torture,” Nov. 19, 2011] Rick Perry, one leading Republican presidential contender who is now governor of Texas, put his support for torture in typically crude language: “This is war. That’s what happens in war.” The most direct endorsement was made by Herb Cain, a businessman who repeatedly demonstrates his scant knowledge of foreign policy issues, said with sprightly ignorance of waterboarding during a recent TV debate among the Republican candidates, “I don’t see it as torture. I see it as enhanced interrogation technique.” Not to be left behind in this rather alarming Republican horserace for the presidential nomination, Michelle Bachmann, attempted to give a pragmatic twist to the discussion by claiming (contrary to the evidence that torture often turns up information that is misleading and generally less useful than permissible forms of interrogation) that waterboarding is an effective means to gain information, and that as a patriot she would not hesitate to use such a technique to protect the country against its enemies. The lead candidate in opposition to Barrack Obama at this time in the November 2012 presidential election, Mitt Romney, also let it be slyly known that he shares the view that waterboarding is not torture: “Enhanced interrogation techniques have to be used. Not torture, but enhanced interrogation, yes.”

            Here we have direct examples of the dirty language games being played at great costs to the moral standing of the nation, its people, and its government. Torture is not torture if it is not called torture! Of course, in the background standing tall are George W. Bush, Dick Cheney, Donald Rumsfeld, John Yoo, and others who during the Bush presidency invented this trick designed to make torturers and their minders sleep well at night. For these unindicted war criminals, it was enough to give an unacceptably narrow definition of the legal crime of ‘torture,’ which allowed them to retain their innocence and at the same time brag about using waterboarding to save American lives, sometimes done over 100 times to a particular detainee. This Republican revival of a pro-torture argument is particularly discouraging because it seems to rest on an extremely distressing assessment of American public opinion as favorably impressed by the brutality and lawlessness of a continuing reliance on waterboarding and other forms of ‘enhance interrogation.’ If this assessment is correct it confirms the impression widespread in the world that not only has America lost its way, but has also mortgaged its soul!

            As Professor Cohn tells us, President Obama reaffirmed that waterboarding is torture, an opinion proclaimed ever since his presidential campaign in 2008, and bolstered by an insistence that since in office he has  unconditionally repudiated torture as conventionally understood. His language is instructive, but in its own way misleading: “Waterboarding is torture. Anybody that has actually read about it and understands the practice of waterboarding would say that it is torture—and that’s not something we do, period.” This renewed repudiation of waterboarding is welcome, as is the insistence on not distorting the language so as to allow those acting on behalf of the government to abuse physically and mentally persons held in detention, and even to do so with a relatively good conscience.

            But if waterboarding is torture, and Mr. Obama is true to his wider pledge to implement the rule of law during his presidency, why does he not allow investigations of the criminality on the part of his predecessors in office who acknowledged (‘confessed’) to the crime? In effect, a serious crime was repeatedly committed by the highest elected officials, damaging badly the reputation of the United States, and yet the political will to uphold the law is evidently not a feature of the Obama presidency, which early on asserted that it wanted to look forward not backward when it came to implementing law. To put it mildly, this is a peculiar ‘enforcement’ strategy that seems indistinguishable from non-enforcement! Imagine if a similar impunity was granted to common criminals for past murders and rapes! Imagine the Republican outrage! What is worse, as the comments of Republican candidates vividly reveals, this spirit of non-implementation keeps the virus of torture alive in the American body politic.

            In the good old days of the Cold War there also occurred a distressing reliance on torture and assassination, often entrusted to the CIA section on covert operations carried out overseas, well-documented and analyzed by Alfred McCoy in his book Question of Torture: CIA Interrogations, from the Cold War to the War on Terror (2006), but this behavior was kept secret, partly because it was known to be indecent and unlawful. Such a use of secrecy does not immunize the practice of torture from legal accountability had the political will and capability existed, which it did not, but it at least manifests a concern that such behavior if revealed would generate opposition and moral disgust. In the post-9/11 world, at least here in the United States, that concern and disgust while still present among urban liberals are much attenuated, which means the barriers to secret wrongdoing are likely to be virtually non-existent. And if one of these Republican torture advocates should be elected next November then it would seem likely to initiate an open season for a new round of torture undertaken beneath the feel good banner of ‘enhanced interrogation.’ At least, we can take some tiny comfort from the fact that even torture advocates still rely on this canopy of language to disguise the nature of their behavior. 

            Of course, it is easy for me to pontificate self-righteously when not faced with the dilemmas of governance. It was undoubtedly true that any attempt to impose standards of accountability on the Bush presidency would have led to an acrimonious national debate, or worse, and produced a deepening of the polarities already hamstringing the formation of public policy in the country. Yet for those who seek justice and truth in politics, such a law-oriented course of action would have been exhibited a genuine commitment to American values, and have gone a long way to demonstrate that the discontinuities between the Bush and Obama presidencies were more than halfway gestures.If a law-based democracy is ever to approximate reality, we the citizens must insist that the political risks of truth-telling be taken, that torture in our name, whether present, past, or future is totally unacceptable and will be punished no matter who turns out to be the culprit.                        

            In his speech accepting the Nobel Peace Prize in 2009 President Obama said strikingly: “Those who claim to respect international law cannot avert their eyes when those laws are flouted..The same principle applies to those who violate international law by brutalizing their own people.” But is not this precisely what Obama has been doing by averting his eyes from the crime of torture committed by his predecessors in office? This evasion of the solemn responsibility to implement international criminal law as it pertains to torture, even to investigate allegations of criminality, is accentuated by taking other backward steps suggesting ambivalence at best. Obama refused to authorize the formation a truth and reconciliation commission with a mandate to investigate past reliance on torture, which might have produced clarity, if not closure, on the issue.  As well, the Justice Department has shockingly intervened in judicial settings to prevent civil law suits by former Guantanamo detainees seeking damages from the abuse they endured on the flimsy, and morally unacceptable, grounds that as aliens they lacked clear constitutional rights, as aliens, not to be tortured. [For detailed indictment of the Obama approach to torture see Eric Lewis, “Torture’s Future,” NY Times, Nov. 21, 2011]

            In the same Nobel speech Obama explained his outlook on the relevance of law to warfare: “Where force is necessary, we have a moral and strategic interest in binding ourselves to certain rules of conduct. And even as we confront a vicious adversary that abides by no rules, I believe that the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight. That is a source of our strength. That is why I prohibited torture. That is why I ordered the prison at Guantanamo Bay closed. And that is why I have reaffirmed America’s commitment to abide by the Geneva Conventions. We lose ourselves when we compromise the very ideals that we fight to defend. And we honor those ideals by upholding them not just when it is easy, but when it is hard.” Again, performance trumps rhetoric, and from this perspective Obama seems both hypocritical and cynical, not just in relation to torture, but more generally with respect to international law. 

            For the Obama presidency, the debate about the escalated use of attack drones to target suspected terrorists wherever they might be located in the world occupies a comparable space to that of torture during the Bush presidency. And what is revealing, is the similarity of manner by which the Obama people bring law to bear on this controversial use of force that has such broad implications for the future of warfare. More than their Bush counterparts, such luminaries as Harold Koh, Legal Advisor to the Secretary of State, and John Brennan, the top counterterrorist advisor to the president, emphasize the degree to which adherence to the rule of law in the conduct of American security policy is a priority that guides behavior because it reflects American values, and also works out better in the combat zones because it builds unity at home, strengthens cooperation abroad, and conveys the differences between ‘us’ (law-abiding on principled grounds) and ‘them’ (engaging in deliberate violence against civilians).

 

            But then this major premise of adherence to law is immediately contradicted by the minor premise: doing what is militarily desirable and possible to counter alleged terrorist threats associated with al Qaeda and the 9/11 experience, and this means targeted assassinations in foreign countries far from the hot battlefield, understating of civilian casualties, ignoring the frightening wider effects of drone attacks on the overall sense of societal security in a target zone, broadly defining who constitutes a threat, and a refusal to lift the veil of secrecy from drone operations to determine whether intelligence was reliable as to target and supposed threat. It is lethal behavior by the United States carried on in foreign countries, with ‘consent’ publicly denied or absent, generally undertaken by a CIA civilian operative sitting in an air conditioned office, converting ‘war’ into a risk-free process that for the drone-minder resembles a video game, and since there is no public accountability, there is also no burden of responsibility for negligence or even malice. Does not this represent an extreme stretching of the international law with respect to the right of self-defense? It also is a blatant denial of  ‘the right to life,’ an imposition of extra-judicial capital punishment, and as such, an affront to legal standards associated with international human rights.  As well it entails an utter lack of respect for the sovereign rights of other states, and in its totality, a contorted ‘legality’ put forth by government legal experts on behalf of drone warfare in a manner unnervingly similar to what the Bush legal operatives sought to do with regard to torture.

            It may be time to acknowledge that governmental lawlessness in foreign policy has become a bipartisan reality for the United States Government, and that the face in the White House or the political party in control, while not yet irrelevant, is a matter of secondary interest, at least to those who are drone targets or torture victims. 

            It may be past time to say that such a stretching of the language of law is an insult to our intelligence and a subversion of our morality as a people and nation. When ‘law’ becomes a synonym for ‘crime’ we know that power corrupts all the way to the top of the governmental pyramid!

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Criminalizing Diplomacy: Fanning the Flames of the Iran War Option

11 Nov

 

            How many times have we heard in recent weeks either outright threats to attack Iran mainly emanating from Israel or the more muted posture adopted by the United States that leaves ‘all options’ on the table including ‘the military option’? What has Iran done to justify this frantic war-mongering in a strategic region that is sorting out the contradictory effects of the long Arab Spring and is the contested site of energy geopolitics that has replaced territory and minerals as the core issue of world politics?

 

            As a matter of historical context, it is worth observing that the Western military interventions of recent years, Iraq and Libya, were both in oil-producing countries, devastating the country to achieve regime change, which remains the central tenet of the neocon/Netanyahu vision for a reconfiguration of power in the Middle East. It follows that Iran remains the only oil producer in the region that refuses to play nicely with West, and has been sanctioned to some degree ever since it achieved an anti-Western regime change back in 1979. In this setting of pre-war hysteria—pouring the fuel of rumor and threat on the fire of belligerent diplomacy—I have no intention of discounting the grievances of those who bravely opposed the theocratic regime from within after the fraudulent elections of June 2009 in the shape of the repressed Green Movement, but it is beside the point in the present debate.

 

            Why talk of oil if the war momentum is explicitly preoccupied with the alleged effort by Iran to obtain nuclear weapons? Let the facts speak for themselves. Where there is oil and an anti-Western government in power, recourse to the military option follows, or at least an insistence on sanctions that aim to be crippling and regime-changing. Just as in Iraq, the smokescreen in 2003 were its stockpile of weapons of mass destruction, and when that war justifying scenario was discredited, democracy and human rights abruptly took over as the strategic rationale. Not to be overlooked, of course, was backroom Israeli pressures to destroy the Baghdad regime of Saddam Hussein,  as well as the oil, involving both favorable access to the oil fields and some leverage over pricing. We all need to be reminded over and over again that Western prosperity rested on cheap oil, and its future prospects crucially depend on reliable supplies of oil at moderate prices. We need to be reminded because as Donald Rumsfeld once reassured the world, ‘America doesn’t do empire.’ Really! Concerns about oil security in the future are the real unacknowlegeable threats to the security of the West!

 

            Such illicit interventionary diplomacy should be unmasked. For once we can look to Moscow for a benign clarification. The Russian Deputy Foreign Minister, Gennady Galitov, was quoted as follows: “The world community will see additional sanctions against Iran as an instrument of regime change in Tehran. We cannot accept this approach.” The plausibility of this interpretation is given further credibility by Iranian exile voices calling for targeting Iran’s central bank and currency with the avowed intention of bringing such hardship to the people of Iran as to mount destabilizing pressures from below on the Tehran government. The leader of the Green Movement, Mir Hossein Mousavi, has repeatedly spoken against international sanctions, insisting that they hurt the people of Iran and strengthen the hold of the government on the population. The struggle for Iranian self-determination must be waged by the Iranian people, not their self-interested patrons from without. Such patrons heeded in the Iraq case, and recently influential in the Libyan case as well, contribute to a war making process that leaves their country in shambles. True, the West is at first ready, but not able, to pick up the pieces. The result is continuous unresolved violent conflict, acute and widespread human insecurity, followed by eventual abandonment of the post-war reconstructive commitment. Iraq is tragically illustrative.

 

            As has been pointed out by some opponents of this war fever, Iran has not attacked another country in 200 years. As President Ahmadinejad recently informed Iranians in the city of Shahr-e Kord: “The Iranian nation is wise. It won’t build two bombs against the 20,000 you have.” The former heads of Israel’s Mossad, Meir Dagan and Efraim Halevy, confirm the view that Israel would not be seriously threatened even if it should turn out that Iran does come to possess a few nuclear weapons in the future. Their contention would be that such a nuclear capability would only pose a threat for Iran’s Sunni rivals, especially Saudi Arabia and Bahrain, as Israel would retain an overwhelming deterrent even without American backing. Of course, it is true that the Western alliance does not want any regional developments to destabilize its regional friends, no matter how autocratic and repressive. So much for the supposed Western embrace of the democratizing spirit of the Arab Spring! For hypocritical William Hague, the pro-Israeli Foreign Secretary of Great Britain to say that Iran’s nuclear program is threatening ‘to undermine’ the Arab Spring by ‘bringing about a nuclear arms race in the Middle East of the risk of conflict’ is obviously to point his finger in the wrong direction. There are also murmurs in the background, perhaps to shift attention away from Israeli war-mongering, to the effect that the real danger associated with Iranian acquisition of nuclear weapons is that Turkey and Saudi Arabia would follow suit.

 

            If these were the serious concerns of this kind there are other far better ways to proceed. Why is there no mention of Israel’s nuclear weapons arsenal, of Western unlawful assistance in helping Israel to cross the nuclear threshold covertly, of Israel being one of three important states in the world that has refused to become a party to the Nonproliferation Treaty, and of Israel’s refusal to discuss even the idea of a nuclear free zone in the Middle East that Iran has announced its readiness to join? If oil is the foremost reality of which we must not speak, then Israeli nuclearism is a close second. We understand that the Obama presidency has been reduced to silence, but why are no regional and global voices speaking on behalf of nuclear sanity?  Is Israel’s status as a nuclear weapons state as untouchable a feature of a dysfunctional system of global governance as the retention of Britain and France as two of five permanent members of the UN Security Council? Such sacred cows of an entrenched world order are dooming the 99% as much as the demons of Wall Street!

 

            And then there is a third reality of this deepening crisis of which we are blinkered by a compliant media not to notice: the total disregard in the public policy debate of international law that prohibits all non-defensive uses of force, including threats to do so. This core norm of the UN Charter set forth in the language of Article 2(4), reinforced by the International Court of Justice in the Nicaragua case in 1986, was built into the idea of Crimes Against Peace that served as the basis for indicting and convicting surviving German and Japanese leaders at the Nuremberg and Tokyo trials after World War II. There is not even a lawyerlike attempt to argue that Bush’s discredited doctrine of preemptive war applies to Iran, there is instead a presumed total irrelevance of international law to the policy debate. To discuss the military option as if not circumscribed by solemn legal commitments, while building the case that Iran is subject to attack because it has violated its NPT obligations as a state pledged not to acquire nuclear weapons, is double think emblazoned on the sky of hard power geopolitics. Accountability for the weak and vulnerable, discretion for the strong and mighty. It is this woeful message of street geopolitics that is being transmitted to the peoples of the world in this crisis-building moment.

 

            There is one final point. If ever there was an argument for the acquisition of nuclear weapons by Iran, the diplomacy of Israel and the West has fashioned it in a strong form. After all Iran is being constantly threatened with attack by states for more powerful than itself, and although it possesses retaliatory capacity, it is vulnerable to devastating attacks from sea, air, and land. Can we imagine a better set of conditions for acquiring nuclear weapons so as to deter an attack? If deterrence legitimates nuclear weapons for the West, why not for Iran? Would Iraq have been attacked in 2003 if it had a stockpile of nuclear weapons accompanied by delivery capacities? These questions point in two directions: the unacceptable two-tier structure of governance with respect to nuclear weaponry that the world has endured since the atomic bombs were dropped on Hiroshima and Nagasaki in 1945 and the imperative urgency of rejecting nuclear hegemony and oligarchy, and moving toward a negotiated nuclear disarmament treaty. There is no morally and legally acceptable or politically viable alternative to the abolition of all nuclear weapons as a global policy priority of utmost urgency.

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Saying No to Alan Dershowitz

10 Nov

On declining Alan Dershowitz’s challenge to debate my endorsement of Gilad Atzmon’s autobiographical The Wandering Who? (my few lines are an echo of a poem by ee cummings that I recall reading many years ago). Dershowitz’s defamatory polemic can be found in the Huffington Post, but why it was considered publishable remains for me a dark mystery. Gilad Atzmon’s response can be found on his blog for those sufficiently interested.

 ********************************

 

 

A SHITSLINGER’S LAMENT

 

 

 

There is

 

                        some

 

                                                                        SHIT

 

I

 

            will not

 

            sling

 

 

 

 

 

 

XI..9..2011

 

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Global Revolution After Tahrir Square

9 Nov


            This history-making global Occupy Movement with a presence in over 900 cities would not have happened in form and substance without the revolutionary awakening of the world’s youth that resulted from the riveting events culminating in the triumphal achievement of driving Hosni Mubarak from the pinnacles of Egyptian state power. We need also to acknowledge that the courage exhibited by those gathered at Tahrir Square might not have been exhibited to the world if not for the earlier charismatic self-immolating martyrdom of an unlicenced street vendor of vegetables, Mohamed Bouazi, in the interior Tunisian city of  Sidi Bouzid on December 17, 2010. Perhaps, as well, the eruptions would have stopped at the Tunisian border were it not for the readiness of Egyptians to erupt after the Alexandria death of Khaled Said on June 6, 2010. This brutal police murder ignited the moral passion of Egyptians, best expressed and widely disseminated through a Facebook campaign, “We are all Khaled Said.” We also must not overlook the mobilizing talents and social networking of digitally minded younger urban Egyptians without whom the movement might never have taken off in the first place, or the later encouragement provided by TV portrayals of the encounters between gangs of Mubarak hooligans and the demonstrators.

 

            History is always over-determined when transformative events are analyzed in the aftermath of their occurrence and so it is, and will be, with Tahrir Square, which has quickly become a shorthand to signify the hopes, fears, and methodology of the 21st century’s first revolutionary moment, both narrowly conceived as an Egyptian happening or more broadly as the inspirational foundation of this revolutionary impulse that has expanded to be a phenomenon of genuine global scope.  What is beyond doubt is that the world Occupy Movement proudly and credibly claims an affinity with Tahrir Square, although not without celebrating their important particularities.  It is reasonable to believe that these numerous protest movements around the world would either not have occurred, or taken a different form without the overall inspiration provided by the several dramas encompassed beneath the banner of the Arab Spring, and not only by Tahrir Square understood in isolation from its regional setting.

 

            I want to stress the unique South-North character of this inspiration as the core of its originality, and relatedness to a broader realignment of the political firmament that is slowly taking account of the collapse of the Euro-centric imperial order that started happening more than half century ago with the collapse of the British rule in India. This decolonizing process still has a long way to go as recent military operations in Libya, threats to Iran, colonialist defiance of Israel to international law daily reminds us. The interventionary currents of transnational political violence continue to flow only in one direction North-South. After World War II the United States militarily replaced the European colonial powers as the principal global custodian of Western interests. This anachronistic West-centricism continues to dominate most international institutions, especially evident in the UN Security Council that constitutionally endows the Euro-American alliance with a veto power used to block many efforts to promote global justice and prevents such emergent political actors as India, Brazil, and Turkey from playing a role commensurate with their stature and influence.

 

            What is exciting, then, about this resonance of Tahrir Square is that the youth of the North looked Southward found inspiration when engaging in their incipient struggle for revolutionary renewal of the world economic and social order, as well as equity in their immediate circumstances. Not only because of its priority in time, but for its conception of how to practice democratic politics outside of governmental structures, this political learning process was evident in the various Occupy sites. The ethos of revolution in Tahrir Square, and elsewhere in the region, with the partial exception of Libya, was nonviolent, youth-dominated, populist, leaderless, without program, demanding drastic change of a democratizing character. On its surface such a revolutionary orientation seems extremely fragile, subject to fragmentation and dissolution once the negatively unifying hated ruler is induced to leave the stage of state power, and if the challenge from below turns out to be more durable, possibly vulnerable to a violent counter-revolutionary restoration of the old regime. The irony of ironies associated with the Arab Spring is that only in Libya does the old order seem gone forever, and there the uprising was tainted in its infancy by its dependence on thousands of NATO air strikes and its reliance on a leadership that seemed mainly contrived to please the West.  When in Egypt a few months ago, in the still exalted aftermath of what was achieved by the January 25th Movement, there was a self-aware and wide chasm between those optimists who spoke in the language of ‘revolution’ and those more cautious observers who claimed only to have been part of an ‘uprising.’ At this moment, these latter more pessimistic interpretations seem more in line with an Egyptian process that can be best described as ‘regime stabilization,’ at least for now.

 

            What happens with the Occupy Movement is of course radically uncertain at present. Is it a bubble that will burst as soon as the first cold wave hits the major cities of the North? Or will it endure long enough to worry the protectors of the established order so that state violence will be unleashed, as always, in the name of ‘law and order’? Are we witnessing the birth pangs of ‘global democracy’ or something else that has yet to be disclosed or lacks a name? We must wait and hope, and maybe pray, above all acting as best we can in solidarity, keeping our gaze fixed on horizons of desire. What is feasible will not do!

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Rejecting Neoliberalism, Renewing the Utopian Imagination

8 Nov


            When the Berlin Wall fell in 1989 two dismal consequences followed that have been rarely acknowledged:

                         –neoliberal orthodoxy became unchallenged and unchallengeable in the formation of global economic policy; the World Economic Forum, convening annually in Davos, became the true capital of world order after the ending of the Cold War. Global policy priorities were set at Davos as capitalist materialism infused what became known as ‘globalization,’ a predatory consumerist that was capital driven rather than people-oriented. The Occupy movement is seeking to reverse this ordering of priorities, insisting on an economy for the 99%, insisting on governance that is accountable, participatory, transparent, and ecologically and ethically responsible, insisting on ‘real democracy.’

 

                        –the utopian imagination was repudiated as inevitably leading to the sorts of demonic politics that was associated with Stalinist rule in the Soviet Union. Not only was utopian politics linked to Stalinism but also to any promise of social and economic justice premised on human equality, and specifically, of course, to the socialist tradition. Instead, what emerged as dominant was a new brand of realism that encouraged accommodation with injustice, a delegitimation of any politics of aspiration, and an extremely alienating and demoralizing political atmosphere that rewarded the ethics of the casino and punished the energies of the workplace. The Occupy movement, whether consciously or not, is restoring the utopian imagination to its rightful role as the patron goddess of desire, the essential spiritual core of any restorative planetary politics of sufficient gravitas. Such a goddess has contempt for what ‘realists’ call realism, and aligns herself with a militant politics of impossibility.

 

            This is not meant to be a lament for the end of the Cold War or the collapse of the Soviet internal and external empire. After the historical achievement of overcoming colonialism, the greatest advance in the struggle for a more humane world was ending Communist rule in Eastern Europe and freeing the various subjugated republics and nationalities that made up the Soviet Union. Two further positive legacies also can be connected with this ending of the Cold War: the lessening of the threat of a major nuclear war and the emergence of a new geopolitical landscape that was the scene of the gradual dismantling of the Western architecture of world order in the early years of the 21st century.

             Critique and reshuffling the relations among states and regions, while necessary is hardly sufficient. The adjustments that have been made are hemmed in by the statist preoccupation with horizons of feasibility that lack will and capacity to meet such globally constituted challenges as climate change, nuclear weapons, global disease and poverty, governmental criminality, and militarism. These fundamental deficiencies of our current circumstance are only perceived in their fullness of menace if we indulge the utopian imagination that alone is able to illuminate distant horizons of necessity and desire.

 

             

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UNESCO Membership and Palestinian Self-Determination

3 Nov


 It may not ease the daily pain of occupation and blockade or the endless anguish of refugee status and exile or the continual humiliations of discrimination and second class citizenship, but the admission of Palestine to membership in UNESCO is for so many reasons a step forward in the long march of the Palestinian people toward the dignity of sunlight! This notable event in Paris illuminates one path that leads to self-determination, but also brings into the open some of the most formidable obstacles that must be cleared away if further progress is to be made.

 

The simple arithmetic of the UNESCO vote, 107 in favor, 14 opposed, 52 abstentions, and 21 absent fails to tell the story of how one sidedness of the vote. Toting up the for and against votes obscures the wicked arm twisting, otherwise known as geopolitics, that induced such marginal political entities as Samoa, Solomon Islands, Palau, and Vanuatu to stand against the weight of global opinion and international morality by making a meaningless gesture of opposition to the Palestinian application for admission as member to UNESCO. This is not meant as an insult to such small states, but is intended to lament their vulnerability to powerful American pressures hoping to distort the perception of world public opinion by making the admission issue seem more contested than it is.

 

Such a distortion makes a minor mockery of the prevailing pretension that governments are able to offer adequate representation to the peoples of the world. It also illustrates the degree to which formal political independence may obscure a condition of de facto dependence as well as makes plain that voting patterns within the United Nations System should never be confused with aspirations to establish at some future time a functioning global democracy in substance as well as procedure. As an aside, geopolitical maneuvers consistently compromise the electoral process within the UN System, especially in the Security Council, and to a lesser extent, in the General Assembly and other UN institutional arenas. This actuality of the UN as a political actor demonstrates the urgency and desirability of establishing a global peoples parliament that would at least provide a second voice whenever a UN policy debate touches on issues of human concern.

 

What may be the most impressive aspect of the UNESCO vote is that despite a vigorous U.S. diplomacy of threat and intimidation, the Palestinian application for membership easily carried the day. There was enough adherence to principle by enough states to provide the necessary 2/3rds vote even in the face of this craven American diplomatic effort to please Israel, an effort reinforced by punitive action in the form of refusing further financial support for UNESCO, which amounts to some $60 million for the current year, and in the future, 22% of the organization’s annual budget of $643 million in 2010-11 (which is projected as $653 million for 2011-12). Actually this withholding of funds is an American policy embedded in ambiguous legislation that derives from the early 1990s, and so for once a preposterously the pro-Israeli action cannot be blamed on the present Congress, although it seems obvious that Congress would have taken the same steps or worse if given the chance. The leaders of both parties have made no secret of their desire to make the most of this new opportunity to draw fresh UN blood. Indeed rabid pro-Israel members of Congress are already showboating their readiness to do far more  than the law requires so as to manifest the extreme character of their devotion to Israel.  This unseemly punishment of UNESCO (and indirectly, the peoples of the world) for taking a principled stand expresses a more sinister attitude than merely the pique of being a poor loser. The American defunding move, taken without even a few words of regret, amounts to a totally irresponsible willingness to damage the indispensable work of cultural and societal cooperation on international levels just to make the childish point that there will be a price tag attached whenever the wishes of Israel suffer a setback at the UN, with the United States ready always to serve as the dutiful enforcement agent.

 

This sorry train of events gives governments of other states an excellent opportunity to demonstrate their commitment to human wellbeing and greater independence in global policy arenas by quickly acting to restore confidence in the UN. One way to do this is to overcome this unanticipated UNESCO budget deficit with a series of voluntary contributions to the UNESCO budget. What would deliver an instructive message to Washington and Tel Aviv would be a special funding campaign on behalf of UNESCO that generated more money than is being withheld. It seems an appropriate time to demonstrate once and for all that such strong arm fiscal tactics are no longer acceptable and often backfire in the post-colonial world. Such an outcome would also confirm that the geopolitical tectonic plates of world order have shifted in such a way as to give increasing prominence to such countries as China, India, Russia, Brazil, and South Africa all of whom voted to admit Palestine to UNESCO. At least for the moment in this limited setting we might get a glimpse of a genuine ‘new world order’! The Security Council has proved unable and unwilling so far to change its two-tier structure to accommodate these shifts in the geopolitical landscape, but these countries still kept on the sidelines of UN activities can reinvent world politics by becoming more active and autonomous players on the global stage. It is not necessary to wait any longer for France and Britain to read the tea leaves of their decline accurately enough to acknowledge that their role on the global stage has permanently diminished, and if these governments want an effective UN it is past time for them to step aside and let the rising non-West states run the show for a while, starting with giving up their claim to permanent seats at the UNSC. Admittedly, I am indulging some wishful thinking. I have no illusion that these ex-colonial powers will act responsibly. International history instructs us that most states would rather see world order collapse than to defuse a governance crisis by giving up entrenched, yet outmoded, privileges.

 

Perhaps, more enduring than the UNESCO vote itself is the reinforced image of the wildly inappropriate role given to the United States to act as intermediary and peacemaker in seeking to resolve the underlying conflict and ensure the realization of Palestinian rights that have been so cruelly denied for more than six decades. Observers as diverse as Michel Rocard, the former Socialist Party Prime Minister of France, and Mouin Rabbani, a widely respected Palestinian analyst of the conflict, each reach a common conclusion that this discordant American campaign to thwart an elemental Palestinian quest for legal recognition and political participation, establishes beyond all reasonable doubt, although such a reality should long have been apparent to even the most casual serious observer of the conflict, that the time has come to remove the United States from its presiding role with respect to the resolution of this conflict. It has always verged on the absurd to expect justice, or even fairness, to flow from a diplomatic framework in which the avowed and extremely partisan ally of the dominant party puts itself forward as ‘the honest broker’ in negotiations in a setting where the weaker side is subject to military rule, exile, and the continuous violation of its basic rights. To have given credibility to this tripartite charade for so many years is itself a commentary on the weakness of the Palestinian position, and the importance at this stage that Palestinian representative insist henceforth on a balanced international framework as a precondition for any future negotiations. Without such balance there is not the slightest prospect of producing a sustainable and just peace through diplomacy. Regrettably the PLO and the Palestinian Authority have yet to repudiate the Oslo era of phony peace negotiations, and astonishingly seem even now to be ready to resume talks if only Israel announces a temporary and partial freeze on settlement expansion. It is disappointing that the Palestinian Authority/PLO still is willing to endow this negotiating process with potential credibilit.

 Yet to find a new framework does not mean following the incredibly Orientalist prescription proposed by Rocard: “The Americans have lost their moral right to leadership in resolving the Israel-Palestine conflict. It is time for Europe to step into the fray.”  As if Europe had recently demonstrated its capacity for rendering justice because it carried out the NATO intervention in Libya! As if the colonial heritage had been suddenly rebranded as a positive credential! As if the Americans ever had a ‘moral right’ to resolve this conflict that was only now lost in the UNESCO voting chamber! It is not clear how a new diplomacy for the conflict that is finally responsive to the situation of the parties, the region, and the world should be structured, but it must reflect at the very least the new realities of an emergent multipolarity skewed toward the non-West. To be provocative for once, maybe Turkey, Brazil, Egypt, and India should now constitute themselves as a more legitimate quartet than that horribly discredited quartet composed of the United States, the EU, Russia, and the UN, and assisted by its Special Envoy, the talented Mr. Blair.

 

Returning to the UNESCO controversy, it is worth noting the words of denunciation used by Victoria Nuland, the designated State Department spokesperson. She described the vote as “regrettable, premature” contending that it “undermines our shared goal of a comprehensive, just and lasting peace in the Middle East.” Even Orwell might be dazed by such an archly diversionary formulation. Why we may ask was the vote regrettable and premature, and not the reverse: welcome and overdue? After all to work for the preservation of religious and other world heritage sites within the halls of UNESCO or to promote safe sanitation and clean drinking water for the poorest countries is hardly subversive of global stability by any sane reckoning. After enduring occupation for more than 44 years, it qualifies as comedic to insist that Palestine must not yet come in from the cold because such an entry would be ‘premature.’ And how can it be claimed that Palestine participation within the UN System ‘undermines’ the ‘shared goal’ of regional peace in the Middle East? The only answer that makes any sense of the American position is say that whatever Israel says is so is so, and the United States will act accordingly, that is, do whatever Israel wants it to do in the global arena. Such kneejerk geopolitics is not only contrary to elementary considerations of law and justice, it is also monumentally irrational and self-defeating from the perspective of the national wellbeing of the United States and future peace in the region and beyond. It also sets a horrible precedent by the absence of any ‘decent respect for the opinions of mankind.’

 

What in the end may be most troubling about this incident is the degree that it confirms a growing impression that both the United States and Israel have lost the capacity to serve their own security interests and rationally promote the wellbeing of their own people. This is serious enough with respect to the damage done to their societies by such maladroit behavior, but recognizing that these two military heavyweights who both possess arsenals of nuclear weaponry are well on their way to becoming rogue states is frightening to contemplate. These are two of the few governments in the current world that continue to rest their future security almost exclusively on an outmoded reliance on hard power investments in military capabilities and accompanying aggressive ideas about the effectiveness of military solutions. The implications of this approach are potentially catastrophic for the region and the world. When Israel alienates Turkey, its only surviving friend in the Middle East, and then refuses to take the minimal steps to heal the wounds caused by its recklessly violent behavior, one has to conclude that the Israeli sense of reality has fallen on hard times! And when Israel pushes the United States to lose this much social capital on the global stage by standing up for its defiance of international law as in relation to rejecting the recommendations of the Goldstone Report or refusing to censure the expansion of its unlawful settlements or the collective punishment of Gaza, there is no longer much doubt that Israeli foreign policy is driven by domestic extremism that then successfully solicits Washington for ill-advised implementation. And now, this furious beating of war drums in relation to Iran provides tangible confirmation that these severe indictments of American and Israeli behavior need to be taken seriously before it is too late!  

 

The situation in the United States is parallel. Many excuse, or at least explain, America’s unconditionally irrational support for Israel as produced by the fearsome leverage exerted by AIPAC over electoral politics in the country as associated with the political activities of the Congress and rationalized by conservative think tanks. But what this explanation says is that the United States Government, like Israel, has also lost the capacity to pursue a sensible foreign policy in a crucial region of the world that reflects its own national interests, much less provide leadership based on a wider commitment to a stable and just Middle East. The Arab Spring offered the United States a second chance so to speak to overcome its long embrace of vicious autocratic rule in the region, but this opportunity is being senselessly squandered on the altar of subservience to the vindictive whims, expansionist visions, and paranoid fears of the Netanyahu/Lieberman governing coalition in Israel.

 

Welcoming Palestine to UNESCO is a day of celebration and vindication for the Palestinian people, and a political victory for PA/PLO leadership, but it is also a day when all of us should reflect upon the wider Palestinian tragedy and struggle, and encourage further steps forward, including membership in such other components of the international system as the World Health Organization, the International Criminal Court, UNICEF and the International Court of Justice. If the U.S. Government were to continue its defunding tactic as Palestine gained admission after admission, its influence and reputation in the region and the global stage would certainly take a nosedive. Yet the United States is likely to be rescued not by intelligently backing off, but by the degree to which the PA/PLO seems ready to settle for UNESCO, and save other initiatives for some future season, apparently unwilling or unable to cope with further defunding as complemented by Israel’s withholding from Ramallah tax revenues needed to pay the salaries of its West Bank bureaucracy. 

 

UNESCO has given a momentary respite to those who were completely disillusioned by what to expect from the UN or the system of states when it comes to Palestinian aspirations (remember all those unimplemented resolutions passed by overwhelming majorities in the General Assembly and then never acted upon), and instead put their hope and efforts into the initiatives of global civil society, especially the growing BDS campaign and efforts to break open the Gaza blockade by continuing to send ships carrying humanitarian goods to the Gazans. Now is certainly not the time to shift attention away from such grassroots initiatives, but it does suggest that there are many symbolic battlefields in the ongoing legitimacy war being waged for Palestinian self-determination, and several of the more promising opportunities are situated within the network of institutions comprising the United Nations. Of course, becoming a member of UNESCO is the beginning, not the end, of making use of these institutional affiliations to advance the struggle of Palestine to realize the rights of all of its people, those under occupation, those in refugee camps in neighboring countries, and those in the Palestinian diaspora. But it is likely to be also the temporary end, given PA/PLO timidity and the financial blackmail to which it is being subjected.

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Libya After Muammar el-Qaddafi’s Execution

30 Oct

 

The death of the despised despot who ruled Libya for forty-two years naturally produced celebrations throughout the country. Muammar el-Qaddafi’s end was bloody and vindictive, but we should remember that his rants against his own people—and his violent repression of what was initially a peaceful uprising—invited a harsh popular response. Recalling W.H. Auden’s famous line, “Those to whom evil is done/do evil in return,” it is almost inevitable in the absence of strong moral and political discipline, which was not present, that when a leader refers to his opponents as “rats” and pledges to hunt them down house by house, the stage is set for the unacceptable kind of retribution that played out recently in Sirte where NATO air strikes leveled the city and anti-Qaddafi forces executed at least 53 Qaddafi loyalists. It is an ominous warning sign for the future that this massacre at Sirte along with the execution and burial of Qaddafi should have exhibited such vengeful and undisciplined behavior, raising renewed doubts about the character and approach of Transitional National Council leadership, although there still exist possibilities for redeeming this loss of confidence.

 

These unfortunate happenings make overall accountability for war crimes an early test of whether the TNC will yet prove capable of managing the formation of a political and morally acceptable governmental structure. Will the TNC undertake investigations of the alleged wrongdoings of its own forces in a manner that corresponds with international standards, or will such inquiry be avoided because such an international confidence-raising process would clearly internal factionalism in which any finger-pointing will seem like an encouragement of ethnic and tribal conflict? Will the TNC cooperate with the International Criminal Court to ensure that those charged with war crimes in the service of the Qaddafi regime will receive a fair trial? At the same time there is reason to view with a cynical eye the demands of self-righteous NGOs in the West that seem to expect from Libya what the liberal democratic regimes of the West refuse to do. It should be appreciated in this regard that the United States

goes to extraordinary lengths to exempt its soldiers and leaders from potential criminal accountability while it pushes hard to have its enemies subject to the harsh severity of international criminal law. Double standards pervade. As with so much that involves North Africa after the glories of the Arab Awakening, all roads to the future seem destined to have many twists and turns, as well as treacherous potholes.

 

 

The leadership vacuum in Libya is not likely to be filled anytime

soon. We don’t know whether tribal or regional loyalties will emerge as primary political identities now that the great unifier—hostility to

the Qaddafi regime—can no longer suppress antagonistic goals and ambitions. The TNC lent international credibility to the anti-Qaddafi forces, but much of the fighting in the last stages of the struggle was under the control of semiautonomous militia commanders that seemed a law unto themselves. We will soon learn whether the TNC can sufficiently represent the collective will of Libyans during the interim process that is needed before establishing an elected government able to draft a new constitution. Its first attempt to establish a new unity was premised on a call to implement political Islam. The Chairman of the TNC, Mustafa Adbel-Jalil, made the following strong assertion along these lines at the victory celebration in Benghazi: “We are an Islamic country. We take the Islamic religion

as the core of our new government. The constitution will be based on our Islamic religion.”

 

Some pessimists have contended that Libya’s future is prefigured by

the chaotic violence that befell Somalia after the overthrow of

dictator Mohamed Siad Barre in 1991, a tragic set of national circumstances that have persisted ever since. But on a more hopeful note, it is worth observing that the fall of Qaddafi—unlike that of Hosni Mubarak, whose overthrow has not yet altered

the power structure in Egypt—gives the victorious Libyan opposition a

seemingly clean slate that could be more receptive to genuine democratic nation-building if such a political will emerges. Libyans have given themselves this opportunity that rarely comes along in history to achieve a real revolutionary transformation of their political, economic and cultural life. Thus, it could turn out paradoxically to be helpful, rather than an impediment, to observe that Qaddafi left no institutional infrastructure behind upon which to construct a modern state. What has happened in Libya, unlike Egypt, is for better or worse a total regime change.

 

Libya starts out on this new path with some additional major advantages, most obviously oil and a relatively

small population. An important test in the months ahead will be the

extent to which the new leadership restores normalcy to the economy without mortgaging the national wealth to foreign predators, corporate, financial, and governmental. Of course, in the background is the sense that NATO was integral to the overthrow of Qaddafi and may expect more than a thank-you note. Already there are media murmurs about great business opportunities for the West in the new Libya, including the challenge of rebuilding what NATO destroyed, which seems like a disturbing vindication of Naomi Klein’s groundbreaking book, The Shock Docrtrine, a devastating critique of the contemporary logic of the neoliberal world economy.

 

Considering Libyan experience from an international perspective raises several additional concerns. The public appraisal of NATO’s intervention will be mainly shaped by whether Libya emerges as a stable, democratic, and equitable nation. This will not be knowable for years, but aspects of the intervention already make Libya a troubling precedent no matter what the future of the country. The UN Security Council, which authorized the use of force by way of an application of the recently affirmed principle known as “responsibility to protect” or R2P. The five abstaining states were either duped or complacent,

and likely both. The authorizing Security Council Resolution 1973 was broadly framed by reference to establishing a no-fly zone by all necessary means, with the justification for force at the time associated with protecting the population of Benghazi from an imminent massacre. Yet this restricted mandate was disregarded almost from the outset. NATO forces were obviously far less committed to their assigned protective role than to making sure that the balance of forces in the struggle for the future of Libya would be tipped in the direction of the insurrection. If this intention had been clear at the outset, it is almost certain that Russia and China would have vetoed the UN resolution. During the debate these two states expressed their grave misgivings and suspicions about encroaching on Libya’s sovereignty, and were joined in the expression of such doubts by India, Brazil and Germany who also came to abstaining when it came to voting in the Security Council. If NATO’s broader intention was manifest Chinese and Russian vetoes were a virtual certainty.

 

Of course, there was a dilemma present. If NATO had disclosed its goals there would have been no UNSC authorization, and the Benghazi massacre would have appeared to be a humanitarian catastrophe invited by UN inaction. If NATO had circumscribed its intervention in the manner agreed upon, then a lengthy civil war might have followed, and also brought about a humanitarian disaster for the people of Libya. The perils of intervention have to be balanced against the perils of noninternvention in each instance, but if some tasks of global governance entrusted to the United Nations are to evolve in a constitutionally responsible way, then the minimum to expect is an honest disclosure of intent by member states pushing for intervention, a vigilant monitoring by the authorizing UN organ of any use of force, and a scrupulous regard by implementing actors for the limits imposed on a mandate to use force.

 

From these perspectives, it is extremely disturbing that a restricted UN mandate was totally ignored, and that the Security Council did not even bother reconsider the original mandate or censure NATO for unilaterally expanding the scope and nature of its military role. By ignoring the UN’s limits, NATO may have diminished the prospects for future legitimate uses of the R2P principle, and whether this is good or bad is difficult to say in the abstract.

 

There are several dimensions of this concern. To begin with, the UN Charter was drafted to minimize the legitimate role of force in world politics, making war a last resort, and then only in strict circumstances of self-defense. To this is added the secondary undertaking of the Charter, which is to assure that the UN itself is bound by Article 2(7) to refrain from intervening in matters essentially within the domestic jurisdiction of states unless under exceptional conditions it is decided as necessary to maintain international peace and security. The NATO intervention seems impossible to reconcile with either of these two core principles of the UN Charter, which is the constitutional framework that is supposed to guide the behavior of the UN. It is true that these principles have been eroded by practice since their enactment in 1945. Human rights has become such a strong dimension of world order as to take precedence over sovereign rights in certain situations of extreme abuse, which helps explain the rise of the R2P norm over the last decade, especially in the aftermath of the controversial NATO Kosovo War of 1999. Despite these developments the Charter still provides the operative guidelines for uses of force. In this regard, it might have been legally and morally acceptable, given the circumstance prevailing in Libya when the authorizing resolution was adopted on March 17, 2011, to mount a narrowly conceived protective mission—although it is worth noting that even at the moment of approval, there was widespread skepticism at the UN, either because some members distrusted the pro-interventionist reassurances of the United States and its European partners or anticipated that pressures on the ground would likely produce mission creep as the locus of the violence shifted beyond Benghazi.

 

The Libya experience raises deeper questions about reliance on the R2P norm as a basis of principled UN action on behalf of a vulnerable people endangered by abusive behavior of their own government. Some doubts already existed about the selectivity of the Libyan application of the norm, especially given the UN’s failure to lift a finger on behalf of the beleaguered civilian population of Gaza, which has suffered under a long and punitive Israeli blockade, with the UN even supporting the Israeli position when the blockade was being challenged by civil society activists seeking to deliver humanitarian assistance directly to the people of Gaza. But aside from this glaring example of double standards, there is also the widespread sense that in Libya, R2P was quickly, and without serious debate, transformed into an opportunity to destroy and oust, with an as yet undetermined array of harmful consequences.

 

If such protective undertakings are to achieve credibility in the

future, they must become detached from geopolitics and operationalized according to a robust regime of law that treats equals equally. Perhaps the most practical mechanism for reaching these presently unattainable goals would be the establishment of a UN Emergency Force that could only be activated by a two-thirds vote in either the Security Council or General Assembly, and not ever be subject to veto. Such a force would need to be funded independently of national governments, possibly by imposing a tax on international air flights or currency transactions. However sensible, such an arrangement will not be easy to bring into being, precisely because its existence would threaten current geopolitical prerogatives that depend on self-interested motivations of leading states. And even this recommended UNEF framework could be manipulated. But at least if it existed there would be a greater prospect that authorizing guidelines for humanitarian uses of force under UN auspices would be respected, that compliance would be supervised, and that more consistent practice would replace the current brand of humanitarian diplomacy that is deformed by the prevalence of double standards.

 

Against such a background, we can only wish that the Libyans will defy pessimistic expectations, and manage to establish a viable and independent democratic state that is respectful of human rights and energetic in its efforts at reconstruction, without becoming overly

hospitable to foreign investors and companies. After such a

devastating air campaign of some 20,000 sorties, the NATO countries should have the decency to stand aside and respect the Libyans’ inalienable right of self-determination. It is a sad commentary on the global setting that to set forth these hopes for the future of Libya and its long suffering population seems like an utopian indulgence!

 

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