Qaddafi, Moral Interventionism, Libya, and the Arab Revolutionary Moment
Long ago Qaddafi forfeited the domestic legitimacy of his rule, creating the moral and political conditions for an appropriate revolutionary challenge. Recently he has confirmed this assessment by referring to the disaffected portion of his own citizenry as ‘rats and dogs’ or ‘cockroaches,’ employing the bloodthirsty and vengeful language of a demented tyrant. Such a tragically criminal imposition of political abuse on the Libyan experience is a painful reality that exists beyond any reasonable doubt, but does it validate a UN authorized military intervention carried out by a revived partnership of those old colonial partners, France and Britain, and their post-colonial American imperial overseer?
From a personal perspective, my hopes are with the Libyan rebels, despite their reliance on violence and the opaqueness of their political identity. As many credible exile Libyan voices attest, it would seem highly likely that a rebel victory would benefit the people of Libya and would be a step in the right direction for the region, especially the Arab world, but does this entail supporting Western-led military intervention even if it is backed by the United Nations? I believe not.
Let us begin with some unknowns and uncertainties. There is no coherent political identity that can be confidently ascribed to the various anti-Qaddafi
forces, loosely referred to as ‘rebels.’ Just who are they, whom do they represent, and what are their political aspirations? It is worth observing that unlike the other regional events of 2011 the Libyan rising did not last long as a popular movement of a spontaneous character, or unfold as a specific reaction to some horrific incident as in Tunisia. It seemed, although there is some ambiguity in the media reports, that the Libyan oppositional movement was armed and reliant on military force almost from the start, and that its political character seems more in the nature of a traditional insurrection against the established order than a popular revolution in the manner of Tahrir Square inspired by democratic values. This violent political reaction to Qaddafi’s regime seems fully justified as an expression of Libyan self-determination, and as suggested deserves encouragement from world public opinion, including support from such soft power instruments as boycott, divestment, and maybe sanctions. By and large, the international community did not resort to interventionary threats and actions in Libya until the domestic tide turned in favor of Tripoli, which means that the intervention was called upon to overcome the apparent growing likelihood that Qaddafi would reestablish order in his favor, and therefore this international intrusion on the conflict represents a coercive effort to restructure a country’s governing process from without.
The main pretext given for the intervention was the vulnerability of Libyan civilians to the wrath of the Qaddafi regime. But there was little evidence that such wrath extends beyond the regime’s expected defense of the established order, although admittedly being here undertaken in a brutal manner, which itself is not unusual in such situation where a government and its leadership is fighting for their survival. How is this Libyan response different in character than the tactics relied upon by the regimes in Yemen and Bahrain, and in the face of far less of a threat to the status quo, and even that taking the form of political resistance, not military action. In Libya the opposition forces relied on heavy weapons, while elsewhere in the region the people were in the streets in massive numbers, and mostly with no weapons, although in a few instances, with very primitive ones (stones, simple guns) that mainly were used in retaliation for regime violence.
It may have been the case that the immediate Libyan governmental response was predictably brutal and militarist, and that the rebel opposition felt that it had no choice. But it should have been clear from the experiences in Iraq and Afghanistan that military intervention against a hated and brutal regime is not the end of the story, and before the ending is reached violence cascades to heights far beyond what would have likely resulted had there been no intervention. In the process heavy casualties are inflicted and massive displacements occur causing immense suffering for the entrapped and innocent population. In effect, overall historical trends vindicate trust in the dynamics of self-determination despite the fact that short-term disillusioning disasters may and do occur from time to time. These trends similarly underscore the inherently problematic character of intervention, even given the purest of motivations, which rarely, if ever, exists in world politics on the side of intervening parties.
But it can be asked, what about Rwanda, Bosnia (especially, the massacre at Srebrenica)? Are not these instances where humanitarian intervention should have been undertaken and was not? And didn’t the NATO War in Kosovo demonstrate that humanitarian intervention does sometimes spare a vulnerable population from the ordeal of genocidal ethnic cleansing? With respect to Rwanda and Bosnia, the threat of genocidal behavior was clearly established, and could likely have been prevented by a relatively small-scale intervention, and should have been undertaken despite the uncertainties. The facts surrounding the alleged genocidal threat in Kosovo remain contested, but there was a plausible basis for taking it seriously given what had happened a few years earlier in Bosnia. But just as the Libyan rebels raise some suspicion by seeking Euro-American military intervention, so did the KLA in Kosovo engage in terrorist provocations that led to violent Serb responses, allegedly setting the stage in 1999 for NATO’s ‘coalition of the willing.’ NATO went ahead in Kosovo without the benefit of a Security Council mandate, as here, for military action ‘by all necessary means.’ But with respect to Libya there is no firm evidence of a genocidal intention on Qaddafi’s, no humanitarian catastrophe in the making, and not even clear indications of the extent of civilian casualties resulting from the fighting. We should be asking why did Russia signal its intention to veto such authorization in relation to Kosovo, but not with respect to Libya. Perhaps, the Russian sense of identification with Serb interests goes a long way to explain its opportunistic pattern of standing in the way on the earlier occasion when interventionary forces gathered a head of steam in the late 1990s, while standing aside in 2011 in deference to the Euro-American juggernaut.
One of the mysteries surrounding UN support for the Libyan intervention is why China and Russia expressed their opposition by abstaining rather than using their veto, why South Africa voted with the majority, and why Germany, India, and Brazil were content to abstain, yet seeming to express reservations sufficient to produce ‘no’ votes, which would have deprived the interventionist side of the nine affirmative votes that they needed to obtain authorization. Often the veto is used promiscuously, as recently by the United States, to shield Israel from condemnation for their settlement policy, but here the veto was not used when it could have served positive purposes, preventing a non-defensive and destructive military action that seems imprudent and almost certain in the future to be regarded as an unfortunate precedent.
The internal American debate on the use of force was more complex than usual, and cut across party lines. Three positions are worth distinguishing: realists, moral interventionists, moral and legal anti-interventionists. The realists, who usually carry the day when controversial military issues arise in foreign policy debates, on this occasion warned against the intervention, saying it was too uncertain in its effects and costs, that the U.S. was already overstretched in its overseas commitments, and that there were few American strategic interests involved. The moral interventionists, who were in control during the Bush II years, triumphantly reemerged in the company of hawkish Democrats such as Hilary Clinton and Joseph Biden, prevailing in the shaping of policy partly thanks to the push from London and Paris, the acquiescence of the Arab neighbors, and the loss of will on the part of Moscow and Beijing. It is hard to find a war that Republicans will not endorse, especially if the enemy can be personalized as anti-American and demonized as Qaddafi has been, and it always helps to have some oil in the ground! The anti-interventionists, who are generally reluctant about reliance on force in foreign policy except for self-defense, and additionally have doubts about the effectiveness of hard power tactics, especially under Western auspices. These opponents of intervention against Qaddafi were outmaneuvered, especially at the United Nations and in the sensationalist media that confused the Qaddafi horror show for no brainer/slam dunk reasoning on the question of intervention, treating it almost exclusively as a question of ‘how,’ rather than ‘whether,’ and once again failing to fulfill their role in a democratic society by giving no attention to the full spectrum of viewpoints, including the anti-intervention position.
Finally, there arises the question of the UN authorization itself by way of Security Council Resolution 1373. The way international law is generally understood, there is no doubt that the Security Council vote, however questionable on moral and political grounds and in relation to the Charter text and values, resolves the legal issue within the UN system. An earlier World Court decision, ironically involving Libya, concluded that even when the UN Security Council contravenes relevant norms of international law, its decisions are binding and authoritative. Here, the Security Council has reached a decision supportive of military intervention that is legal, but in my judgment not legitimate, being neither politically prudent nor morally acceptable. The states that abstained acted irresponsibly, or put differently, did not uphold either the spirit or letter of the Charter. The Charter in Article 2(7) establishes a prohibition on UN authority to intervene in matters ‘essentially within the domestic jurisdiction’ of member states unless there is a genuine issue of international peace and security present. Here there was not the basis for an exception to non-intervention as even the claim was supposedly motivated solely to protect the civilian population of eastern Libya, and hence was squarely within the domestic jurisdiction of Libya.
Besides, the claim to intervene as stated was patently misleading and disingenuous as the obvious goals, as became manifest from the scale and nature of military action as soon as the operation commenced. The actual goals of the intervention were minimally to protect the armed rebels from being defeated, and possibly destroyed, and maximally, to achieve a regime change resulting in a new governing leadership for Libya that was friendly to the West, including buying fully into its liberal economic geopolitical policy compass. The missile attacks in the vicinity of Tripoli, especially the early missile hits on the Qaddafi compound are unmistakable signatures of this wider intention. As the Gulf War in 1991 demonstrated, once the Security Council authorizes military action of an unspecified character, it gives up any further responsibility for or effort to maintain operational control and accountability.
Using a slightly altered language, the UN Charter embedded a social contract with its membership that privileged the politics of self-determination and was heavily weighted against the politics of intervention. Neither position is absolute, but what seems to have happened with respect to Libya is that intervention was privileged and self-determination cast aside. It is an instance of normatively dubious practice trumping the legal/moral ethos of containing geopolitical discretion in relation to obligatory rules governing the use of force and the duty of non-intervention. We do not know yet what will happen in Libya, but we already know enough to oppose such a precedent that exhibits so many unfortunate characteristics. It is time to restore the global social contract between territorial sovereign states and the organized international community, which not only corresponds with the outlawry of aggressive war but also reflects the movement of history in support of the soft power struggles of the non-Western peoples of the world.
If ordinary citizens were allowed to have foreign policy doctrines mine would be this: without high levels of confidence in a proposed course of military action, the UN should never agree to allow states to engage in violent action that kills people. And if this cautionary principle is ignored, governments should expect that their behavior would be widely viewed in the public as a species of international criminality, and the UN is likely to be regarded as more of a creature of politics than law and morality. For these reasons it would have been my preference to have had the abstainers in the Security Council voting against Resolution 1973. It is likely that the coalition of the willing would have gone forward in any event, but at least without the apparent UN seal of approval.







Obama’s Libyan Folly: To be or not to be..
5 AprThe outcome in Libya remains uncertain, but what seems clear beyond reasonable doubt is that military intervention has not saved the day for either the shadowy opposition known as ‘the rebels,’ and certainly not for the people of the country. It has seemingly plunged Libya into a protracted violent conflict with the domestic balance of forces tipping decisively in favor of the Qaddafi regime despite a major military onslaught managed by the American-led coalition, which in recent days has been supposedly outsourced to NATO. But since when is NATO not an American dominated alliance? The best that can be hoped for at this stage is a face-saving ceasefire that commits the Libyan leadership to a vague power-sharing scheme, but leaves the governing process more or less as it is, possibly replacing Qaddafi with his son who may offer the West the cosmetic trappings of liberal modernity, which may exhibit a genuine interest in reform.
President Barack Obama has chosen Libya as the place to draw a line in the sand, although it is a rather wavering and fuzzy line. It was finally drawn in response to what was being called two weeks ago an imminent atrocity about to be inflicted upon the people of Benghazi, although the evidence of this prospect of dire bloodletting was never present much beyond the bombast of the dictator. Obama stopped what the more ardent interventionist in his camp were derisively calling his ‘dithering.’ Heeding these criticisms Obama on March 28 came out clearly in support of military action, although carefully circumscribed in scope and nature by reference to its supposedly narrow humanitarian undertaking of protecting Libyan civilian. The futility of preventing a Qaddafi victory on the ground by establishing a No Fly Zone, even as inappropriately expanded to become a No Drive Zone, should have been obvious to anyone conversant with the course of numerous political struggles of recent times being waged for the political control of a sovereign state. What the world actually witnessed was mainly something far different than an effort to protect Libyan civilians. It was rather a an unauthorized attempt to turn the tide of the conflict in favor of the insurrectionary campaign by destroying as many of the military assets possessed by Libya’s armed forces as possible, clearing the path for a rebel advance.
The campaign and character of the opposition has never been clearly established. It is still most accurately described as a motley gathering of opposition forces mysteriously referred to as ‘the rebels.’ In contrast to the seeming failure and ineptness of its military challenge, the public relations campaign of the rebels worked brilliantly. Most of all it mobilized the humanitarian hawks inhabiting the Obama presidential bird nest, most prominently Samantha Power, Hilary Clinton, and Susan Rice, as well as the recently departed former State Department Head of Policy Planning, Anne-Marie Slaughter. Samantha Power particularly has long called upon the United States Government to use its might wherever on the globe severe human rights abuses should occur (unless in a large country beyond interventionary ambitions), apparently analogizing every humanitarian crisis to the totally different circumstances of Rwanda (1994) where a small effort to mitigate major genocide was inappropriately blocked by the Clinton White House. And in the media the celebrants of this intervention have been led by the NY Times pious stalwarts, Nicholas Kristof and Thomas Friedman. At least Friedman, the patron saint of ‘wars of choice’ was sensible enough on this occasion to acknowledge that Obama would need major help from Lady Luck if his Libyan policy would have any chance of a happy ending, which is welcome contrast with his cheerleading of the Iraq intervention. If lives were not at stake, it might be amusing to note the new cosmic humility of this most arrogant of journalists, who in the past was forever fond of addressing world leaders by their first names in his columns while dishing out his unsolicited guidance, now being reduced to treating the Libyan intervention as the equivalent to a night out in Las Vegas!
The PR full court press by the rebels, aided by that high flying French publicity seeking French enthusiast for intervention Bernard-Henri Lévy, also misleadingly convinced world public opinion and several Western political leaders that the Qaddafi regime was opposed and hated by the entire population of Libya making him extremely vulnerable to intervention. This encouraged the belief that the only alternative to military intervention was for the Western world to sit back and bear witness to genocide against the Libyan people on a massive scale. This entire portrayal of the conflict was at best premature, and likely misleadingly intended to make it appear that the only choices available to the UN and the global community was to intervene militarily or sit back and take the consequences. Among other options, diplomacy and the search for a ceasefire was never seriously embarked upon.
Even without the spurious wisdom of hindsight, the international undertaking could be criticized from another angle as having been designed to fail: a questionable intervention in what appeared increasingly to be an armed insurrection against the established government, yet falling far short of what would be needed to secure the only outcome proclaimed as just and necessary—the fall of the Qaddafi government. How can such a struggle, involving one more paternalistic challenge to the dynamics of self-determination, be won by relying on the bombs and missiles of colonial powers, undertaken without even the willingness to follow the attack with a willingness to engage in peacekeeping on the ground? Had this willingness been present it would have at least connected the dots between the interventionary means adopted and the political mission being proclaimed. Even with this more credible posture the odds of success would still remain small. If we consider the record of the past sixty years very few interventions by colonial or hegemonic actors were successful despite their overwhelming military superiority. The only ‘success’ stories of interventionary politics involve very minor countries such as Grenada and Panama where organized resistance was absent, while the failures were in the big and prolonged struggles that took place in Indochina, Algeria, Indonesia, elsewhere.
In Libya the prospects were further worsened by the incoherence, inexperience, and lack of discipline exhibited by rebel forces. This effort of a weak and unorganized opposition to induce foreign forces to secure for themselves an otherwise unattainable victory is reminiscent of the bill of goods that wily Iraqi exiles sold to neoconservative operatives such as Richard Perle and Paul Wolfowitz during the lead up to the Iraq War (2003). Remember those promises of flowers greeting the American troops arriving in Baghdad or regime change being ‘a cakewalk’ that would be achieved without notable American casualties or costs. As in Libya the case for intervention rested on the false assumption that the foreign occupiers would be welcomed as liberators and that the Saddam Hussein regime lacked any popular base of support. Obama sang this interventionists’ lullaby when he lauded the villager
who thanked an American pilot whose plane crashed accidentally over some rebel held territory.
Such a negative assessment of the Libyan intervention seems clear enough. Such an assessment was offered at the outset of the crisis by the most qualified high official in the Obama inner circle, Robert Gates, the Secretary of Defense. Why did Obama not heed this sensible advice? Unfortunately, every Democratic president, and none more than Obama, struggle to maintain their image as willing to use force in the pursuit of national interests whenever the occasion arises. We must pause to give credit as Obama has pursued a generally militarist foreign policy while still managing to collect a Nobel Peace Prize, something that W’s handlers could never have achieved, and likely didn’t seek. And here in Libya, the risks of inaction must have seemed too great to bear. Instead Obama attempted to have it both ways: lead the diplomatic effort to obtain a mandate from the UN Security Council and then provide most of the military muscle for the initial phase of the operation, and then hastily withdraw to the background while NATO supposedly takes over. This middle path is littered with contradictions: to convince the Security Council, and avoid a Russian or Chinese veto, it was necessary to portray the mission in the most narrow humanitarian terms as being only for the protection of civilians, while to protect the rebels (who are not ‘civilians’ as legally understood) required a much more ambitious scale of attack than is implied by establishing a No Fly Zone; beyond this, if the unconditional goal was the elimination of the Qaddafi regime, then the intervention would have to go far beyond the boundary set by the Security Council decision. It would have to tip the balance in the conflict. As has become clear, the approved military objectives have been dramatically exceeded in the flawed effort to protect the rebels and help them win, but seemingly to no avail.
Of course, the abstainers also have blood on their hands, and share some of the responsibility for what has gone wrong. These abstaining members of the Security Council went along with a mandate to use force that seemed inconsistent with the Charter assurances of refraining from UN intervention in matters essentially within domestic jurisdiction, as this struggle surely was and is. They also allowed the backers of the Securitry Council to twist enough arms to get their mission creep hopes raised by inserting the permissive clause ‘by all necessary means.’ China, Russia, India, Brazil, and South Africa should be ashamed of their posture, criticizing before the vote, abstaining so as to assure that authorization would be provided, and then resuming criticism afterwards to undertakings that should have been anticipated and precluded by much more constricted language in 1973. The vote was 10 in favor, none opposed, and five abstaining.
Such disregard of the limits of the UN Security Council authorization, awkwardly reinforced by the failure of the Security Council to play any subsequent supervisory role to ensure that its approval of force did not go beyond what had been agreed, has once again weakened the UN as a body operating within the constitutional framework of the UN Charter. It makes the UN in the peace and security area appear to be more an agent of geopolitical and neoimperial forces in the West than an objective body seeking to implement the rule of law in relation to the strong and weak alike. We all should remember that when the UN was established in the aftermath of World War II it was assigned the primary responsibility of minimizing the role of war in human affairs. The inspirational opening words of the Preamble to the UN Charter should be recalled and solemnly reaffirmed: “We the peoples of the United Nations determined to save succeeding generations from the scourge of war.” To allow these words to be selectively overridden by the recently endorsed norm of ‘responsibility to protect’ or R2P is to provide a selective tool that shamelessly exhibits double standards. Where were those humanitarian and paternalistic voices when the civilian population of Gaza was subjected to a murderous attack from land, air, and sea for three weeks by the Israeli Defense Forces (Dec. 27, 2008-January 19, 2009)
Throughout this period of revolutionary ferment in the Arab world, Obama’s paternalism has been pronounced. While intermittingly celebrating these popular risings, Obama has unblushingly felt entitled to pronounce on which leaders should stay and which should go as if he is indeed the first designated global chief executive. And these pronouncements lack even the pretense of coherence and consistency unless measured from an exclusively geopolitical standpoint. The White House was fine with Mubarak until the popular movement made his continued presence untenable, and then he was instructed to leave. In Yemen the leader is told to step down after he failed to quiet the protests, while in Bahrain the Al Khalifa royal family is supported by Washington although governed as an absolute monarchy, which has not only recently relied on extremely violent means to quell unarmed demonstrators, but has even inviting its stronger neighbor, Saudi Arabia, to send military forces across the border to help restore order. Restoring order in Bahrain is a matter of making further repressive moves to thwart robust popular calls for a new political order based on democracy and human rights.
Obama’s maneuvers in and out of the limelight during the unfolding of events in the Arab world reveals the two sides of the current American dilemma: it is not yet ready to shed the mantle of imperial overseer in the post-colonial regions of the world, but it is faced with the contradictory pressures of imperial decline and overstretch. This fledgling patriarch can lecture the world, and even manage a military thrust or two, but nothing is sustained, and little achieved. Obama seems to be auditioning to play Hamlet in this unfolding global tragedy.
IV..5…2011
Tags: Anne-Marie Slaughter, Barack Obama, Libya, New York Times, Richard Perle, Saddam Hussein, Thomas Friedman, United States