On Syria: What to Do in 2013

 

            I took part last week in an illuminating conference on Syria sponsored by the new Center of Middle East Studies that is part of the Josef Korbel School of International Studies at the University of Denver. A video of the keynote panel featuring Michael Inatieff, Ken Roth, and Rafif Jouejeti can be found at

. This Center has been recently established, and operates under the excellent leadership of Nader Hashemi and Danny Postel, who previously together edited the best collection of readings on the Green Revolution in Iran published under the title THE PEOPLE RELOADED: THE GREEN MOVEMENT AND THE STRUGGLE FOR IRAN’S FUTURE ( a valuable resource not only on the Green Movement itself, but in relation to movement politics in a setting of oppressive governance; obtain the book: 
http://www.mhpbooks.com/books/the-people-reloaded/
).

 

            The conference brought together a mixture of Syrian specialists, Syrian activists, and several of us with a more general concern about conflict in the region, as well as with human rights and as participants in the heated debates of recent years about the virtues and vices of ‘humanitarian intervention’, what is now being called ‘Responsibility to Protect’ of ‘R2P’ in UN circles and among liberals. I came to the gathering with a rather strong disposition to present myself as a confirmed R2P skeptic, regarding it as a cynical geopolitical euphemism for what Noam Chomsky labeled as ‘military humanism’ in the context of the controversial NATO Kosovo War of 1999. Ever since the Vietnam War I have viewed all Western claims to use force in the post-colonial non-West with suspicion. I support presumptions in favor of non-intervention and self-determination, both fundamental norms of international law. But I left the conference dissatisfied with my position that nothing more could or should be done at the international level to help end the violence in Syria or to assist the struggle of the Syrian people. I became convinced that human solidarity with the ordeal of the Syrian people was being deeply compromised by the advocacy of passivity in the face of the criminality of the Damascus government, although what to do that is genuinely helpful remains extremely difficult to discern.

 

            In the immediate background of the debate on Syrian policy are the bad memories of stealth diplomacy used by the United States and several European partners in March 2011 to gain UN Security Council backing for the establishment of a No Fly Zone to protect the beleaguered and endangered population of the Libyan city of Benghazi. What ensued from the outset of the UN authorized mission in Libya was a blatant disregard of the limited mandate to protect the population of a city from a threatened massacre. In its place, the NATO undertaking embarked on a concerted regime-changing NATO mission that ended with the unseemly execution of the Libyan dictator. What NATO purported to do was not only oblivious to Libya’s sovereignty, it was unmistakably a deliberate and dramatic extension of the authorized mission that understandably infuriated the autocrats in Moscow. A case could certainly have been made that in order to protect the Libyan people it was necessary to rid the country of the Qaddafi regime, but such an argument was never developed in the Security Council debate, and would never have been accepted. Against such a background, the wide gap between what was approved by the UN Security Council vote and what was done in breach of the mandate was perceived as a betrayal of trust in the setting of the Security Council, particularly by those five governments opposed to issuing a broader writ for the intervention, governments that had been deceptively induced to abstain on the ground that the UN authorization of force was limited to a single one-off protective, emergency mission.

 

            Global diplomacy being what it is and was, there should be no surprise, and certainly no condescending self-righteous lectures delivered by Western diplomats, in reaction to the rejectionist postures adopted by Russia and China throughout the Syrian crisis. Of course, two wrongs hardly ever make a right, and do not here. NATO’s flagrant abuse of the UN mandate for Libya should certainly not be redressed at the expense of the Syrian people. In this respect, it is lamentable that those who shape policy in Moscow and Beijing are displaying indifference to the severity of massive crimes of humanity, principally perpetrated by the Assad government, as well as to the catastrophic national and regional effects of a continuing large-scale civil war in Syria. The unfolding Syrian tragedy, already resulting in more than 60,000 confirmed deaths, one million refugees, as many as 3 million internally displaced, a raging famine and daily hardships and hazards for most of the population, and widespread urban devastation, seems almost certain to continue in coming months. There exists even a distinct possibility of an intensification of violence as a deciding battle for control of Damascus gets underway in a major way.  Minimally responsible behavior by every leading governments at the UN would under such circumstances entail at the very least a shared and credible willingness to forego geopolitical posturing, and exert all possible pressure to bring the violence to an end.

 

            Some suggest that an effect of this geopolitical gridlock at the UN is causing many Syrians to sacrifice their lives and put the very existence of their country in jeopardy.  This kind of ‘compensation’ for NATO’s ultra virus behavior in Libya is morally unacceptable and politically imprudent. At the same time it is hardly reasonable to assume that the UN could have ended the Syrian strife in an appropriate way if the Security Council had been able to speak with one voice. It both overestimates the capabilities of the UN and under appreciates the complexity of the Syrian struggle. Under these circumstances it is also diversionary to offload the frustrations associated with not being able to do anything effective to help the rebel forces win quickly or to impose a ceasefire and political process on the stubborn insistence by Russia and China that a solution for Syria must not be based on throwing Assad under the bus.

 

            The Syrian conflict seems best interpreted as a matter of life or death not only for the ruling regime, but for the entire Alawite community (estimated to be 12% of the Syrian population of about 23 million), along with their support among Syria’s other large minorities (Christian 10%, Druze 3%), and a sizable chunk of the urban business world that fears more what is likely to follow Assad than Assad himself. Given these conditions there is little reason to assume that a unified posture among the permanent members of the Security Council would at any stage in the violent months have had any realistic prospect of bringing the Syrian parties to drop their weapons and agree to risk a compromise. The origins of the crossover from militant anti-regime demonstrations to armed insurgency is most convincingly traced back to the use of live ammunition by the governing authorities and the armed forces against demonstrators in the city of Daraa from March 15, 2012 onwards, resulting in several deaths. Many in the streets of Daraa were arrested, with confirmed reports of torture and summary execution, and from this point forward there has been no credible turning away from violence by either side. Kofi Annan, who resigned as Special Envoy for the UN/Arab League

In late January 2013 indicated his displeasure with both external actors, criticizing Washington for its insistence that any political transition in Syria must be preceded by the removal of Bashar al-Assad from power, a precondition that seems predicated on an insurgent victory rather than working for a negotiated solution.  

           

            Without greater diplomatic pressure from both geopolitical proxies, the war in Syria is likely to go on and one with disastrous results. There has never been a serious willingness to solve the problems of Syria by an American-led attack in the style of Iraq 2003. For one thing, an effective intervention and occupation in a country the size of Syria, especially if both sides have significant levels of support as they continue to have, would be costly in lives and resources, uncertain in its overall effects on the internal balance of forces, and involve an international commitment that might last more than a decade. Especially in light of Western experiences in Iraq and Afghanistan, neither Washington nor Europe, has the political will to undertake such an open ended mission, especially when the perceived strategic interests are ambiguous and the political outcome is in doubt. Besides, 9/11 has receded in relevance, although still insufficiently, and the Obama foreign policy, while being far too militaristic, is much less so than during the presidency of George W. Bush.

           

            Another approach would be to press harder for an insurgent victory by tightening sanctions on Syria or combining a weapons embargo on the regime with the supply of weapons to the opposition. This also seems difficult to pull off, and highly unlikely to bring about a positive outcome even if feasible. It is difficult to manage such an orchestration of the conflict in a manner that is effective, especially when there are strong proxy supporters on each side. Furthermore, despite much external political encouragement, especially by Turkey, the anti-Assad forces have been unable to generate any kind of leadership that is widely acknowledged either internally or externally, nor has the opposition been able to project a shared vision of a post-Assad Syria. The opposition is clearly split between secular and Islamist orientations, and this heightens the sense of not knowing what to expect what is being called ‘the day after.’ We have no reliable way of knowing whether escalating assistance to the rebels would be effective, and if so, what sort of governing process would emerge in Syria, and to what extent it would be abusive toward those who directly and indirectly sided with the government during the struggle.

 

            Under such circumstances seeking a ceasefire and negotiations between the parties still seems like the most sensible alternative among an array of bad options. This kind of emphasis has guided the diplomatic efforts of the UN/Arab League Special Envoys, first Kofi Annan, and now Lakhdar Brahimi, but so far producing only disillusionment. Neither side seems ready to abandon the battlefield, partly because of enmity and distrust, and partly because it still is unwilling to settle for anything less than victory. For diplomacy to have any chance of success would appear require both sides to entertain seriously the belief that a further continuation of the struggle is more threatening than ending it. Such a point has not been reached, and is not in sight.

 

           Despite the logic behind these failed efforts, to continue to pin hopes on this passive diplomacy under UN auspices seems problematic.  It grants the governing Assad regime time and space to continue to use means at its disposal to destroy its internal enemy, relying on high technology weaponry and indiscriminate tactics on a vast scale that are killing and terrifying far more civilians than combatants. Bombarding residential neighborhoods in Syrian cities with modern aircraft and artillery makes the survival of the regime appear far more significant for the rulers than is any commitment to the security and wellbeing of the Syrian people and even the survival of the country as a viable whole. It is deeply delegitimizing, and is generating a growing chorus of demands for indicting the Assad leadership for international crimes even while the civil war rages on. This criminal behavior expresses such an acute collective alienation on the part of the Damascus leadership as to forfeit the normal rights enjoyed by a territorial sovereign. These normal rights include the option of using force in accord with international humanitarian law to suppress an internal uprising or insurgency, but such rights do not extend to the commission of genocidal crimes of the sort attributable to the Assad regime in recent months. Although it must be admitted that the picture is complicated by the realization that not all of the criminal wrongdoing is on the regime side, yet the great preponderance is. The rebel forces, to be sure, are guilty of several disturbing atrocities. This is sad and unfortunate, as well as politically confusing so far as taking sides is concerned.  Overall, it adds to the victimization of the people of Syria that is reaching catastrophic proportions because it makes more difficult the mobilization of international support for concerted action.

 

           

            Essentially, the world shamelessly watches the Syrian debacle in stunned silence, but it is fair to ask what could be done that is not being done? So far no credible pro-active international scenario has emerged. There are sensible suggestions for establishing local ceasefires in the considerable areas in the countryside under the control of rebel forces, for supplying food and medical supplies to the population by means of protected ‘humanitarian corridors,’ and for taking steps to improve the woeful lot of Syrian refugees currently facing inadequate accommodations and unacceptable hardships in Lebanon and Jordan. Such steps should be taken, but are unlikely to hasten or alter outcome of the conflict. Can more be done?

 

            I would further recommend a broad policy of support for civil society activists within Syria and outside who are dedicated to a democratic inclusive governing process that affirms human rights for all, and promises constitutional arrangements that will privilege no one ethnic or religious identity and will give priority to the protection of minorities. There are encouraging efforts underway by networks of Syrian activists, working mainly from Washington and Istanbul, to project such a vision as a program in the form of a Freedom Charter that aspires to establish a common platform for a future beneficial for all of Syria’s people. The odds of success for this endeavor of politics from below seem remote at present for these activist undertakings, but they deserve our support and confidence. As often is the case when normal politics are paralyzed, the only solution for a tragic encounter appears to be utopian until it somehow materializes and becomes history. This dynamic was illustrated by the benign unraveling of South African apartheid in the early 1990s against all odds, and in opposition to a consensus among experts that expected emancipation of the victims of apartheid to come, if at all, only through success in a long and bloody war.

 

            Another initiative that could be taken, with great positive potential, but against the grain of current of Western, especially American, geopolitics, would be to take the Iran war option off the table.  Such a step would almost certainly have major tension-reducing effects in relation to regional diplomacy, and would be a desirable initiative to take quite independent of the Syrian conflict. The best way to do this would be to join with other governments in the region, including Iran, to sponsor a comprehensive security framework for the Middle East that features a nuclear weapons free zone, with an insistence that Israel join in the process. Of course, for the United States to advocate such moves would be to shake the foundations of its unconditional endorsement of whatever Israel favors and does, and yet it would seem over time even to be of greater benefit to Israeli security than an engagement in a permanent struggle to maintain Israeli military dominance in the region while denying the right of self-determination to the Palestinian people. If American leaders could finally bring themselves to serve the national interest of the United States by acting as if the peace and security of Israel can only be achieved if the rights of the Palestinian people under international law are finally realized it would have many likely positive effects for the Middle East and beyond.  As matters now stand, the dismal situation in the region is underscored by the degree to which such prudent proposals remain in the domain of the unthinkable, and are kept outside the disciplined boundaries of ‘responsible debate.’

 

            If the imagination of the political is limited to the ‘art of the possible’ then constructive responses to the Syrian tragedy seem all but foreclosed.  Only what appears to be currently implausible has any prospect of providing the Syrian people and their nation with a hopeful future, and we need the moral fortitude to engage with what we believe is right even if we cannot demonstrate that it will prevail in the end.

Further Reflections on Istanbul as Global Capital

 

My proposal that we consider the possibility of treating Istanbul as the world capital attracted a broad range of responses. I tried to make clear in my revised text that Istanbul could not hope to have this kind of recognition until Turkey had addressed some serious issues, especially the Kurdish grievances that have induced a massive hunger strike in Turkish jails (with over 600 prisoners now taking part, and more threatening to do so), as well as serious concerns about the human rights implications of the imprisonment of many students and journalists. Several other kinds of objections were also raised. For instance, Istanbul is inappropriate as a choice because it is situated at the interface of colliding tectonic plates that makes it vulnerable to devastating earthquakes. Others respondents contended that if recreational appeal is part of Istanbul’s charm, then why not Las Vegas. It supposedly has a better claim than Istanbul as ‘it has something for everybody.’ My initial very tentative proposal of Istanbul was based on its extraordinary combination of qualifying features, especially its strategic inter-civilization geography, its capacity to be of the West and at the same apart from the West, and its cultural/religious/historical resources that seem unmatched in cumulative effect elsewhere, and give the city a cosmopolitan identity that recalls its days of multi-ethnic Ottoman imperial glory. Additionally, more than elsewhere, the Turkish political leadership has been alive to providing Istanbul with a world class infrastructure as it wishes to take advantage of its unique character.

 

Other objections to the proposal were more substantial, yet unconvincing to me. For instance, some pointed out that Turkey as a country of 80 million Muslims and Istanbul as a city estimated to have 15 million Muslims is not capable of representing the world, and that somehow a great European city would serve the peoples of world less controversially. There is of course an inherent problem arising because any urban space will partake of a particular religious, national, and ethnic identity, but if such a qualification were to be uniformly applied it would mean that there was no city on the planet that could ever serve as the world capital. The idea of having a capital city is a strictly soft power proposal, creating a symbolic meeting place for diverse cultures, religions, and political systems, and is offered as a building block for a global imaginary that befits the imperatives of moral and spiritual globalization. It is my opinion that the Turkish government over the course of the last decade has done better than any other country in relation to cities within its borders in creating at atmosphere of cosmopolitan hospitality and stature for the city of Istanbul.

 

A quite different objection is associated with Turkish membership in NATO and what that entails in relation to non-defensive military operations such as in Afghanistan ever since 2001, the regime-changing 2011 intervention in Libya, and the interference with the Syrian internal struggle over the course of the last two years. Such Turkish undertakings do seem to cast a shadow over any present undertaking to propose Istanbul as a global capital, and should probably be treated as a serious obstacle. If Turkey seeks to make Istanbul play its potential global role then it would need to rethink its geopolitical ties. Perhaps, there exists a decisive contradiction between such a Western oriented geopolitics and the kind of world identity that a global capital should aspire to achieve. Turkey has been up to now pursuing an equi-distance diplomacy, balancing its Western ties against its post-Cold War independence, as well as promoting a new geopolitics of soft power without relinquishing the residual role of the old geopolitics of hard power. The Arab upheavals since 2011 have seemed to make the transition to a soft power matrix more elusive for Turkey, and thus weaken arguments for Istanbul’s ascension to a status that overlooks its reality of being embedded in Turkish national sovereignty.

 

In summary, Istanbul is marvelously qualified from many perspectives to serve as the capital of the world, but cities cannot avoid being identified with the country in which they are physically located. The Turkish government in the last decade has done many things to enhance the role of Istanbul, but its own persisting problems are part of Istanbul’s reality, and to the extent these difficulties are not overcome it is hard to imagine any proposal of Istanbul as global capital getting very far in world public opinion. In effect, there is a Gordian Knot at the core of world order that ties the fate of the city to that of the nation, and most of the citizenry of particular countries would not have it any other way. To this extent, the modest

proposal of Istanbul as global capital, while tantalizing, does not seem capable of realization without the deterritorialization of the relationship between global cities and sovereign states, and if this ever happens, it will not be anytime soon.

 

This commentary on Istanbul arises from my own romance with the city during the past twenty years, entranced by its beauty, vitality, exotic features, the warmth and tenderness of its people, and the transcendent vision of the Turkishpolitical destiny set forth by its principal leaders. This kind of love affair has persisted despite the horrors of Istanbul’s traffic and the unpleasantness of its unhealthy air.

 

 

Hope, Wisdom, Law, Ethics, and Spirituality in relation to Killing and Dying: Persisting Syrian Dilemmas

 

            In appraising political developments most of us rely on trusted sources, our overall political orientation, what we have learned from past experience, and our personal hierarchy of hopes and fears. No matter how careful, and judicious, we are still reaching conclusions in settings of radical uncertainty, which incline our judgments to reflect a priori and interpretative biases. As militarists tends to favor reliance on force to resolve disputes among and within sovereign states, so war weary and pacifist citizens will seek to resolve even the most extreme dire conflict situations by insisting on the potentialities of non-violent diplomacy.

 

In the end, even in liberal democracies most of us are far too dependent on rather untrustworthy and manipulated media assessments to form our judgments about unfolding world events. How then should we understand the terrible ongoing ordeal of violence in Syria? The mainly polarized perceptions of the conflict are almost certain to convey one-sided false impressions that either the atrocities and violence are the work of a bloody regime that has a history of brutal oppression or that this hapless country has become the scene of a proxy war between irresponsible outsiders, with strong religious sectarian overtones of the Sunni/Shi’ia regional divide, and further complicated by various geopolitical alignments and the undisclosed ambitions of the United States, Russia, Israel, Iran, Saudi Arabia, and others. Undoubtedly, the truth lies at some point between the two poles, with many ambiguities, undisclosed interferences, and assorted unknowns undermining our capacity to reach any ‘objective’ understanding, and leading many to discount the extremely dirty hands of all the major participants, seen and unseen, so as to permit a clear partisan position of being for or against.

 

The difficulties are even greater. If, in contrast, we seek to interpret the conflict from all angles with as much detachment as possible, the result is likely to be paralyzing so far as action is concerned. There is too much uncertainty, secrecy, and complexity to give rise to the clarity needed to shape policy with any confidence, and without confidence killing or allowing the killing to continue, no responsible conclusion can be reached. In effect, only over-simplification, that is, polarized interpretations, are capable of overcoming passivity, but at a high cost. Arguably, in relation to the Syrian maelstrom, passivity functions as a political virtue, or put differently, as the lesser of evils.  

 

In such a situation, assuming we repudiate proxy and geopolitical agendas as the desired bases for determining the future for Syria, what should we hope for? A rapid end of the violence, some sort of now unimaginable accommodation between the two (or many) sides in the struggle, a recognition by the various ‘interested’ third parties that their goals cannot be attained at acceptable costs, an abdication by Bashar al-Assad, an arms embargo uniformly enforced, the completely implausible emergence of constitutional democracy, including respect for minority rights. Merely composing such a wish list underscores the seeming hopelessness of resolving the situation in as acceptable manner, and yet we know that it will somehow be eventually resolved.

 

From the perspective of the Syrian factions and participants, so much of their own blood has been spilled, that it probably seems unacceptable and unreliable to be receptive at this point to any offer of reconciliation, and when the only hope is for either an unconditional victory for the self or the extermination of the other. And with such extremist attitudes, it is not surprising that the bodies keep piling up! What are we to do when every realistic trajectory adds to an outcome that is already tragic?

 

My approach in these situations of internal conflict has been to oppose and distrust the humanitarian and democratizing pretensions of those who counsel intervention under the alluring banner of ‘the responsibility to protect.’ (R2P) and other liberal rationales supportive of military intervention, what Noam Chomsky tellingly calls ‘military humanism.’ Yet in concrete situations such as existed in Kosovo in 1999, Libya in 2011, and Syria today, to counsel a passive international response to the most severe crimes against humanity and genocidal atrocities would seems to deny the most elemental ethical bonds of human solidarity in a networked, globalized world, bonds that may turn out in the near future to be indispensable if we are to achieve environmental sustainability before the planet burns us to a crisp.

 

            There are structural issues arising from the statist character of world order in the post-colonial era that make political choices in such situations of bitter internal conflict a tragic predicament. On the one side, is the statist logic that endows territorial governments with unconditional authority to sustain their unity in the face of insurgent challenges, a political principle given constitutional backing in Article 2(7) of the UN Charter, prohibiting UN intervention in internal conflicts. This statist logic is deeply confused and contradicted by legitimizing the inalienable and emancipatory right of self-determination conferred on every ‘people,’ and not on governments. In the background, as well, are the various non-Western collective memories, uniformly bad, of colonial rule, and wellfounded contemporary suspicions that humanitarian interventions, however described and unwittingly, represent attempted colonialist revivals, both ideologically and behaviorally.  

 

On the other side of the policy fence, there is an odd coalition of liberal internationalists who sincerely regard intervention as an essential tool for the promotion of a more humane world along with more cynical geopolitical strategists who regard conflict zones, especially where large oil reserves exist, as targets of opportunity for extending Western interests. Further, normative confusion arises from the drift of practice on the part of the UN that has been understood to vest in the Security Council unlimited competence to interpret the Charter as it wishes. (See World Court decision in the Lockerbie case, which coincidentally involved Libya) In this regard, the rhetoric of human rights has been used to circumvent the Charter limits restricting UN competence to address conflicts internal to states: for instance, the Security Council in 2011 authorized a ‘No Fly Zone’ for Libya that was immediately converted by the NATO intervenors into a de facto mandate for ‘regime change’; the whole undertaking was validated for most advocates of the broadened undertaking because it freed Libya from a murderous dictatorship; others approved, believing that the operation involved a proper invocation of the R2P norm, and still others endorsed the intervention on the basis of its supposed post-conflict state-building successes, avoiding chaos, and especially the rather impressive efforts to base the governance of Libya on democratic procedures. As the situation continues to evolve, there exists controversy as to how to assess the positive and negative aspects of post-Qaddafi Libya.

 

In evaluating our positions for or against a given intervention, should our sense of strategic motivations matter? For instance, the Kosovo intervention was at least partially motivated by the desire in Washington and among many European elites to show that NATO was still useful despite the end of the Cold War and the disappearance of the Soviet threat that generated the alliance in the first place. Do such strategic considerations matter if indeed the people of Kosovo were spared the kind of ethnic cleansing endured not long before by the people of Bosnia, culminating in the genocide at Srebrenica in 1995? Might it not be claimed that only when strategic incentives exist, will an intervention be of sufficient magnitude to be effective? In effect, altruism alone will not produce effective forms of humanitarian intervention. Does the existence of double standards matter? Certain crimes against humanity generate an interventionary response while others are overlooked, for instance, the persisting collective punishment of the people of Gaza. Should we drink from a glass that is only half full? The same question applies to the recent surge of criminal prosecutions under the authority of the International Criminal Court.

 

There are other ways of evaluating what has taken place. For example, should the consequences of intervention or non-intervention color our assessments of the policy choice? Let’s say that Kosovo evolves in a constructive direction of respect for human rights, including those of the Serbian minority, or in contrast, becomes repressive towards of its minority population. Do we, should we, retrospectively reexamine our earlier view on what it was preferable to do back in 1999? And finally, should we give priority to the postulates of human solidarity, what might be called ‘moral globalization,’ or to the primacy of self-determination as the best hope that peoples of the world have of achieving emancipatory goals, recognizing that the grand strategies of the geopolitical actors are indifferent, at best, and often hostile to such claims?

 

My argument reduces to this: in such a global setting we cannot avoid making disastrous mistakes, but to renounce the effort to find the preferred course of action, we should not withdraw from politics and throw up our hands in frustration. We can expose false claims, contradictions, double standards, and we can side with those who act on behalf of emancipatory goals, while not being insensitive to the complexity, and even contradictions, of ‘emancipation’ in many political settings. There are often ‘right’ and ‘wrong’ sides from the perspective of international morality, international law, and global justice, but not always. When all sides seem deeply ‘wrong’ as in Syria, the dilemmas for the engaged global citizen is heightened to the point where the only responsible posture may be one of humility and an acknowledgement of radical uncertainty. In such circumstances, the most salient moral imperative is to refrain from acts that are likely to intensify the violence, intensify suffering, and increase dying and klling. This may not be a heroic political posture, but it may offer the most constructive response to a particular mix of circumstances, minimizing prospects of further escalation.

 

            Finally, it is not very helpful to observe, ‘time will tell whether this was the best response.’ Perhaps, we can learn for the future about factors overlooked that might have altered our assessment, but our past decision was based on what we knew and perceived at that time, and should not be revised by taking account of subsequent developments. In some situations, such as the many struggles of oppressed and occupied peoples, it seems desirable to be hopeful even in the face of the realization that the eventual outcome could bring deep disappointment. We should, I feel, as often as possible be guided by our hopes and beliefs even when, as nearly always, we are confronted by the dilemmas of radical uncertainty. We should also do our best not to be manipulated by those media savvy ‘realists’ who stress fears, claim a convergence of benevolence and interests, exaggerate the benefits of military superiority, and especially in America serve as the self-appointed chief designers of exploitative patterns of geopolitically shaped security.

 

            With hope we can often overcome uncertainty with desire, and engage in struggles for a just and sustainable future that celebrates human potential for moral growth, political enhancement, and spiritual wisdom.

            Without hope we fall victim to despair and will be carried along with the historical current that is leading nation, society, civilization, species, and world toward catastrophe.

 We live in what can be described both as the Information Age and cope daily with information overload. We are supposed to shape policy on the basis of knowledge, yet when it comes to crucial issues such war/peace or climate change, we act and advocate without sufficient knowledge, or even ignore an informed consensus, and what is worse, we put aside law, ethics, and our spiritual sensitivities.

Finally, to think, act, and feel as a citizen pilgrim provides the necessary foundation for hope, and its two sisters, wisdom and spirituality.

A Stronger ‘Political Europe’ might save a Stumbling ‘Economic Europe’

 

            It was only a few years ago that Europe was being praised as the savior of world order, and heralded as the hope for the future of world order. Books with such titles as The European Superpower and Why Europe Will Run the 21^st Century were widely read. They celebrated the realities of a European post-colonial recovery, even a new type of ascendancy, results that were welcomed by many who hoped for a more peaceful and equitable world. I shared much of this enthusiasm, believing that the European Union was a bold and generally progressive experiment in regionalism that was better suited to our era of intensifying globalization than a state-centric world of sovereign territorial communities habituated to the dynamics of warfare. This statist world order had been evolving through the centuries, but always with the premise that the sovereign state was not subject to external authorities and law if its fundamental security interests were at stake. The origins of this state system are conveniently associated with the Peace of Westphalia in 1648 that brought to an end the bloody Thirty Years War, a struggle between Catholics and Protestants to determine primacy within Christendom. 

 

            A world of regions provided a structural vision that seemed an attractive sequel to a world of sovereign states. It seemed more attainable than a quixotic leap in the direction of world government, which neither political nor business leaders took seriously. Populist forces were also suspicious of any advocacy of world government, generally fearing it was intended as or would turn out to be a scheme for Western dominance. From these perspectives the EU seemed to be the most interesting world order game in town!  It was an exciting experiment in world order that had grown through the years far beyond its early modest post-1945 beginnings as an instrument for limited economic cooperation on matters of coal and steel among a small number of European countries. By stages the EU had become the most impressive supranational presence in modern times, seemingly a far more significant alternative to state-centricism than the UN or even the international financial institutions (World Bank, IMF, WTO).

 

            European regionalism was mainly applauded in mainstream circles because of its achievements associated with economic integration that produced benefits in trade and investment, as well as overall economic growth. EU was not only a clever adjustment to European participation in a globalizing world economy that featured the expanding role of such major actors as the United States, Japan, and China, it also seemed to facilitate a positive European future . Perhaps, most notably, Europe had become a culture of peace, not a small accomplishment on a continent long ravaged by devastating wars, particularly in the 20^th century. In a stimulating book, Where Have All the Soldiers Gone, its author James Sheehan informs us that “[t]he eclipse of the willingness and ability to use violence that was once so central to statehood has created a new kind of European state, firmly rooted in new forms of public and private identity.” (p. 221) Most especially, this new European outlook, while certainly not pacifist, was generally seemed disinclined to endorse global militarism.

 

            Such a shift in Europe was not without ambiguities. Europe’s habits of obedience to Washington acquired during the long Cold War often led European governments to give priority to their alliance relations with the United States rather than give expression to this altered political consciousness. Some skeptics suggested that Europe had not really adopted a culture of peace, but rather found it expedient to concentrate their collective energies on meeting the perceived threat posed by the Soviet Union. NATO waged war in 1999 to end the oppressive Serb occupation of Kosovo in a situation in which there did exist credible dangers of ethnic cleansing and the encouragement of an Albanian majority population that welcomed the intervention. Although European governments were split on backing the Iraq War in 2003, the public opinion in every European country was strongly opposed to the war. NATO had been a defensive regional alliance generated by concerns about Soviet expansionist ambitions and anchored in the military capabilities of the United States that seemed dedicated to the defense of Europe even if meant enduring the onslaught of a third world war.

 

            Above all, the EU evolution confirmed the view that intra-European relations were now insulated from war, that open borders did not pose security threats, and that a common European foreign policy was likely to be achieved in the near future. To some extent, the EU reinforced this positive image by taking the lead in efforts to shape a responsible global policy on climate change.

Their efforts were so successful that the United States at the 2009 Copenhagen UN Conference on Climate Change tried to build a new coalition of pro-growth economies with the intention of marginalizing the European insistence on cutting back drastically on greenhouse gas emissions.

 

            Europe veered in a wrong direction after the 9/11 attacks when it allowed NATO to express solidarity with the United States decision to respond by way of launching a global war on terror that persists. This implicated Europe in the dubious approach by the neoconservatives in Washington to pursue a worldwide grand strategy aimed at global domination. It completely transformed NATO into an instrument of post-colonial Western interventionary diplomacy, having nothing to do with the defense of Europe, and engaged in warfare in such non-European battlefields as Afghanistan and Libya. The claims to achieve a culture of peace were deeply compromised by this participation in these non-defensive wars, and as a result the idea of an emergent progressive European alternative to state-centricism has almost vanished from the imaginary of a preferred future for humanity.

 

            But more than peace, Europe also showcased the realities of a humane form of capitalism in which the mass of society could enjoy a secure and satisfying life, a welfare state in which high quality education and health care was provided, human rights upheld and implemented by a regional judicial process that had the mandate to override national policy, and an economic space that combined robust growth with the free flow of capital, goods, and labor. This 21^st century social contract between the state and its citizenry that emerged in Europe seemed to provide a model for others to follow, or at least to be challenged by. Other nearby countries seemed eager to join the EU to benefit economically and politically from such an association of states in which the whole seemed definitely to exceed the value of the parts, and extremist politics of either left or right seemed precluded.

 

            Disappointment with developments pertaining to Europe can be expressed schematically. The preoccupation with economic Europe produced an accommodation with populist insistence on a decent life to produce advances in ‘social Europe’ and this produced a climate of opinion that allowed the radical step of monetary integration. This process proceeded but without corresponding political integration needed to establish a strong European identity. Political Europe, while enjoying some governmental presence in the form of the European Court of Justice, European Court of Human Rights, and the European Parliament, never generated a sense of Europeanness that extended beyond market ambitions, and perhaps the aggrandizing moves that prompted the enlargement of the EU to encompass the countries formerly part of the Soviet Bloc. As the great French Europeanist, Jacques Delors, well understood, without congruence between economic and political integration, the onset of a crisis affecting money and markets will revive fierce nationalist sentiments and accompanying blame games. Instead of a bold experiment in regional identity politics, we seem faced once again with Europe as a collection of separate sovereignties.

 

            All is not yet lost, but there is a message beyond that of the obsessive bailout/default dialogue. It is that Europe to ensure its future must renovate its political architecture. This means overcoming the peculiar capitalist brand of economic materialism that seems perversely convinced that if money and banks are the problem, then money and banks must be the solution. No, the solution a political, ethical, and psychological leap of faith that a European sense of community is necessary to save the EU and the constraints of obsolete nationalism, and therefore it is possible.   

 

Why Europe is not yet ‘A Culture of Peace’

             It is undoubtedly true that the greatest unacknowledged achievement of the European Union (EU) is to establish ‘a culture of peace’ within its regional enclosure for the 68 years since 1944. This has meant not only the absence of war in Europe, but also the absence of ‘war talk,’ threats, crises, and sanctions, with the single important exception of the NATO War of 1999 that was part of the fallout from the breakup of former Yugoslavia. This was undertaken by the American-led alliance both to accomplish the de facto independence of Kosovo from Serbian rule, to ensure the post-Cold War viability of NATO, to reinforce the lesson of the Gulf War (1991) that the West could win wars at low costs due to their military superiority, and to rescue Albanian Kosovars from a possible humanitarian catastrophe at the hands of their Serb oppressors.  The contrast with the first half of the 20^th century is stark when Europe seemed definitely the global cockpit of the war system in the East-West struggle for global supremacy.  Millions of soldiers and civilian died in response to the two German attempts by force of arms to gain a bigger role within this European core of West-centric geopolitics. Germany challenged the established order not only by recourse to massive aggressive wars in the form of World War I and II, but also by establishing a diabolical political infrastructure that gave rise in the 1930s to the violently genocidal ideologies of Nazism and fascism.

 

Even during the Cold War decades, Europe was not really at peace, but always at the edge of yet another devastating. For the four decades of the Cold War there existed a constant threat of a war fought with nuclear weapons, a conflict that could have produced totally devastating warfare at any point resulting from provocative American-led deployments of nuclear weapons or inflammatory Soviet interventions in Eastern Europe, or from the periodically tense relations in the divided city of Berlin. Also, to some extent the Soviet Union, with its totalitarian variant of state socialism, was as much European as it was Asian, and thus to a degree the Cold War was being fought within Europe, although its violent dimensions were prudently limited to the global periphery. Despite the current plans to surround Russia with defensive missile systems, supposedly to construct a shield to stop Iranian missiles, there seems little threat of any war being fought within European space, and even a diplomatic confrontation seems improbable at this point. In many respects, the EU culture of peace, although partial and precarious, has been transformative for Europeans even if this most daring post-Westphalia experiment in regional integration and sovereignty has been wrongly assessed almost exclusively from an economistic perspective as measured by trade and investment statistics, and the strength of the Euro and the rate of economic growth. The deep financial crises afflicting its Mediterranean members captures the public imagination without any appreciation of this European contribution to peaceful regional governance.

 

Many foreign policy experts are tend to discount this claim of an internally peaceful Europe. First because it had the benefit of an external Soviet adversary that made a political consensus among European elites appear to be a condition of physical and ideological survival. Secondly, because it could count on the American military presence, hegemonically instrumentalized via NATO, to protect Europe and to soften the edges of any intra-European disagreements. This latter role helps us understand the deployment in Europe of American forces so long after the fighting stopped, even if gradually reduced from troop levels of over 300,000 to the present 50,000. Even this smaller military presence is maintained at high cost to the United States, but it is widely seen in Washington as both a guarantor of peace in Europe and as an expression of America’s global engagement and permanent repudiation of its earlier geopolitical stance toward Europe of what was called ‘isolationism.’ Such a stance was never truly descriptive of American foreign policy, which was almost from its time of independence was expansionist and disposed toward intervention in hemispheric affairs.

 

            While I would with some qualifications affirm the European experience with regionalism as a step forward from the perspective of global governance, there are some darker features of European behavior that need to be taken into account. The colonial powers did not give up their empires without a fight. While the EU was emerging from the wreckage of World War II, European powers fought some dirty wars in futile efforts to hold onto their overseas empires in such countries as Malaya, Indonesia, Indochina, and Algeria. In a sense, the European culture of violence toward non-Europeans was taken over by the United States in its almost continuous engagement in counterinsurgency warfare against the peoples and nations of the South, a mode of one-sided warfare that reached its climate during the Cold War in Vietnam and has risen to alarming levels of destructiveness in Afghanistan and Iraq.

 

            There are also some broader matters of global policy involved.  After the end of the Cold War, the Western security priorities shifted from the defense of Europe against a Soviet threat to an ongoing campaign led by the United States to control the geopolitics of energy. This refocusing shifted the fulcrum of world conflict from Europe to the Middle East, a process strongly reinforced by Washington’s willingness to follow Israel’s lead on most matter of regional security. In such settings external to the territorial domain of the EU, the approach adopted under American leadership has been premised on discretionary recourse to violence under NATO banners, as in Afghanistan and Libya, especially following the American resecuritization of world politics along liberal internationalist lines since the NATO War in Kosovo, and even more so after the 9/11 attacks. The recent buildup toward war against Iran, allegedly because it is on the verge of acquiring nuclear weapons, is a further demonstration of the contrast between the EU as a European regional arrangement based on the rejection of war as a foreign policy option and NATO as a Western hierarchal alliance that performs as a discretionary mechanism of military intervention in the non-Western world, especially in the energy-rich countries of the Muslim Middle East.

 

Iran is the poster child of such separation of Europe as a zone of peace and the Islamic world as a zone of war. It is notable that the threats to attack Iran in the coming months and the imposition of four stages of crippling sanctions are premised on the unacceptability of Iran’s nuclear program, which is allegedly moving close to the threshold of nuclear weaponry. It could certainly be doubted whether if Iran was intent on acquiring nuclear weapons, and thereby violating its pledge under the Nuclear Nonproliferation Treaty, it would be grounds for recourse to force.  If the issue were to be more reasonably contextualized it would make us more aware of the relevance of Israel’s stealth acquisition and development of nuclear weapons, accumulating an arsenal estimated to exceed 300 warheads. The exclusions of geopolitical discourse, facilitated by a compliant media, allow Israel to lead the charge against Iran’s supposed quest for nuclear weapons without even an acknowledgement that in light of the overall realities the most prudent and equitable approach would be for all states in the region to unconditionally renounce their intention to acquire or possess this infernal weaponry of mass destruction.

 

But the situation is even more distressing than this shocking embrace of double standards. The available evidence makes it doubtful that Iran is even trying to become a nuclear weapons state. This conclusion is supported by an apparent agreement of all 16 American intelligence agencies that share the view that a high probability exists that Iran abandoned its nuclear weapons program in 2003, and has not resumed it. This intelligence consensus corresponds with the Iranian contention that it is not seeking to acquire nuclear weapons. The moves toward war against Iran have been amplified by repeated threats of attack in violation of Article 2(4) of the UN Charter, as well as by deliberately imposing punitive sanctions of intensifying severity and by engaging in provocative destabilizing intrusions on Iranian sovereignty taking the form of targeted killings of nuclear scientists and the encouragement of anti-regime violence. Europe is a willing junior partner of the United States in this post-colonial reassertion of Western interests in the oil-rich Middle East, and thus complements its imperfect regional culture of peace with a dangerous global culture of war and hegemony.

 

            As might be expected, this kind of European role external to Europe has sparked a variety of anti-European acts of violent opposition. In turn, Europe has turned in an Islamophobic direction, giving rise to anti-immigrant reactionary politics that are mainly directed against Islamic minorities living within its midst, to a reluctance to move down the road leading to Turkish accession to EU membership, and to various restrictions of religious freedom associated with the practice of religious Islamic women such as wearing a headscarf or burka.

 

            What is striking here is the dedication by the West to sustain by relying on its military superiority the colonial hierarchy of North/South relations in the post-colonial world order. The state system has been universalized since 1945, but the countries of the North, under American leadership, have continuously intervened to promote Western interests at the cost of millions of lives, first as an aspect of worldwide anti-Soviet and anti-Chinese geopolitics, and more recently, to secure oil reserves and to counter Islamic political moves to control national governance structures, as in Afghanistan. The West no longer seeks to fly its flag over the governmental buildings of non-Western countries, but it as hungry as ever for their resources, as well as to ensure receptivity to Western foreign investment and trade interests. Whether to slay the dragons of Communism or Islam, or to satisfy the bloodthirsty appetites of liberal internationalists that champion ‘humanitarian interventions,’ the dogs of war are still howling in the West. The doctrinal masks of law and a UN mandate obscure the realities of aggressive war making, but should not be allowed to deceive those genuinely dedicated to a peaceful and just world.  For one thing, we should not be fooled by belligerent governments relying on legitimizing imprimatur of the Responsibility to Protect—R2P—norm, as in Libya or Syria, to mount their military operations, while at the same time adhering to a non-interventionary ethos when it comes to Gaza, Kashmir, Chechnya, Kurdistan, Tibet). Of course, consistency is not the whole story, but it does penetrate the thick haze of geopolitical hypocrisy. More basic is the renunciation of violent geopolitics and reliance for social and political change on the dynamics of self-determination. Let us appreciate the biggest successes in the Arab Spring took place where the uprising were essentially non-violent and there was minimal external interference, and the most dubious outcomes have occurred where the anti-regime movement was violent and received decisive military assistance from without.

 

            Unfortunately, despite the complexities involved we cannot count on the United Nations partly because the veto creates a possibility to preclude appropriate responses (as in relation to Israeli abuses of Palestinians) or its failure to be used due to geopolitical pressures authorizes essentially unlawful warfare (as in relation to the Libyan intervention where opponents abstained rather than block military action). True, the UN can sometimes withhold its certification for aggression, as it did in 2003 when it rejected the American appeal for a mandate to invade and occupy Iraq, but even then it stood aside when the aggression took place, and even entered Iraq to take part in consolidating the outcome of the unlawful attacks. The UN can be useful in certain peacemaking and peacekeeping settings, but when it comes to war prevention it has lost credibility because tied too closely to the lingering dominance of Western geopolitics.

            These critical assessments highlight the need of persons seeking peace and justice to work within and beyond the established channels of institutional governance. And more specifically, to take note of what Europe has achieved, and might yet achieve, without overlooking past and present colonial and colonialist wrongdoing. In this respect, we need both a UN that becomes as detached as possible from its geopolitical minders and a robust global Occupy Movement that works to provide the peoples of the world with a democratic public order that protects our lives and is respectful of nature’s limits.  

Afghanistan: The War Turns Pathological—Withdraw!

            The latest occupation crime in Afghanistan is a shooting spree on March 11 by a lone American soldier in the village of Balandi in the Panjwai District of Kandahar Province of Afghanistan. 16 Afghan civilians, including women and children, were shot in their homes in the middle of the night without any pretense of combat activity in the area. Such an atrocity is one more expression of a pathological reaction by one soldier to an incomprehensible military reality that seems to be driving crazy American military personnel on the ground in Afghanistan. The main criminal here is not the shooter, but the political leader who insists on continuing a mission in face of the evidence that it is turning its own citizens into pathological killers.

 

            American soldiers urinating on dead Taliban fighters, Koran burning, and countryside patrols whose members were convicted by an American military tribunal of killing Afghan civilians for sport or routinely invading the privacy of Afghan homes in the middle of the night: whatever the U.S. military commanders in Kabul might sincerely say in regret and Washington might repeat by way of formal apology has become essentially irrelevant.

 

            These so-called ‘incidents’ or ‘aberrations’ are nothing of the sort. These happenings are pathological reactions of men and women caught up in a death trap not of their making, an alien environment that collides lethally with their sense of normalcy and decency. Besides the desecration of foreign lands and their cultural identities, American political leaders have unforgivably for more than a decade placed young American’s in intolerable situations of risk, uncertainty, and enmity to wage essentially meaningless wars. Also signaling a kind of cultural implosion are recent studies documenting historically high suicide rates among the lower ranks of the American military.

 

            Senseless and morbid wars produce senseless and morbid behavior. Afghanistan, as Vietnam 40 years earlier, has become an atrocity-generating killing field where the ‘enemy’ is frequently indistinguishable from the ‘friend,’ and the battlefield is everywhere and nowhere. In Vietnam the White House finally speeded up the American exit when it became evident that soldiers were murdering their own officers, a pattern exhibiting ultimate alienation that became so widespread it give birth to a new word ‘fragging.’

 

            Whatever the defensive pretext in the immediacy of the post-9/11 attacks, the Afghanistan War was misconceived from its inception, although deceptively so. (to my lasting regret I supported the war initially as an instance of self-defense validated by the credible fear of future attacks emanating from Afghanistan) Air warfare was relied upon in 2002 to decimate the leadership ranks of Al Qaeda, but instead its top political and military commanders slipped across the border. Regime change in Kabul, with a leader flown in from Washington to help coordinate the foreign occupation of his country, reverted to an old counterinsurgency formula that had failed over and over again, but with the militarist mindset prevailing in the U.S. Government, failure was once again reinterpreted as an opportunity to do it right the next time! Despite the efficiency of the radical innovative tactic of target killing by drones, the latest form of state terror in Afghanistan yields an outcome that is no different from earlier defeats.

 

            What more needs to be said? It is long past time for the United States and its NATO allies to withdraw with all deliberate speed from Afghanistan rather than proceed on its present course: negotiating a long-term ‘memorandum of understanding’ that transfers the formalities of the occupation to the Afghans while leaving private American military contractors—mercenaries of the 21^st century—as the outlaw governance structure of this war torn country after most combat forces withdraw by the end of 2014, although incredibly Washington and Kabul, despite the devastation and futility, are presently negotiating a ten-year arrangement to maintain an American military presence in the country, a dynamic that might be labeled ‘re-colonization by consent,’ a geopolitical malady of the early 21^st century.

 

            As in Iraq, what has been ‘achieved’ in Afghanistan is the very opposite of the goals set by Pentagon planners and State Department diplomacy: the country is decimated rather than reconstructed, the regional balance shifts in favor of Iran, of Islamic extremism, and the United States is ever more widely feared and resented, solidifying its geopolitical role as the great malefactor of our era.

 

            America seems incapable of grasping the pathologies it has inflicted on its own citizenry, let alone the physical and psychological wreckage it leaves behind in the countries it attacks and occupies. The disgusting 2004 pictures of American soldiers getting their kicks from torturing and humiliating naked Iraqi prisoners at Abu Ghraib should have made clear once and for all to the leaders and the public that it was time to bring American troops home, and keep them there if we cared for their welfare.  Instead punishments were inflicted on these hapless young citizens who were both perpetrators and victims, and their commanders resumed their militarist misadventures as if nothing had happened except an unwelcome ‘leak’ (Donald Rumsfeld said as much) What this pattern of descretation exhibits is not only a criminal indifference to the wellbeing of ‘others’ but a shameful disregard of the welfare of our collective selves. The current bellicose Republican presidential candidates calling for attacks on Iran amounts to taking another giant step along the road that is taking American over the cliff. And the Obama presidency is only a half step behind, counseling patience, but itself indulging war-mongering, whether for its own sake or on behalf of Israel is unclear.

 

            President Obama recently was quoted as saying of Afghanistan “now is the time for us to transition.”  No, it isn’t. “Now is the time to leave.”  And not only for the sake of the Afghan people, and surely for that, but also for the benefit of the American people Obama was elected to serve. 

Libya After Muammar el-Qaddafi’s Execution

 

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!

 

Preliminary Libyan Scorecard: Acting Beyond the UN Mandate

            In Western circles of influential opinion, the outcome of the NATO intervention in Libya has already been pronounced ‘a victory’ from several points of view: as a military success that achieved its main goals set at acceptable costs, as a moral success that averted a humanitarian catastrophe, and as political success the creation of an opportunity for freedoom and constitutionalism on behalf of a long oppressed people. This is one of those rare results in an international conflict situation that seems to please both conservatives and liberals. Conservatives because it was a show of force that reaffirmed Western primacy based on military power. Liberals because force was used with UN backing in accordance with international law and in furtherance of human rights and liberal values.

 

Qaddafi and his loyalists are apparently a spent force, and the future of Libya now becomes a work in progress without any clear understanding of who will call the shots from now on. Will it be the Libyan victors in the war now battling among themselves for the control of the country? Will it be their NATO minders hiding behind the scenes? Will it be the NATO representatives doing the bidding of the oil companies and the various corporate and financial interests that make no secret of seeking a robust profit-making stake in Libya’s future? Or will it be some combination of these influences, more or less harmoniously collaborating? And most relevant of all, will this process be seen as having the claimed liberating impact on the lives and destinies of the Libyan people? It is far too early to pronounce on such momentous issues, although sitting on the sidelines one can only hope and pray for the best for a country substantially destroyed by external forces. Even before the dust of the original conflict settles it is not too soon to raise some skeptical questions about the unconditional enthusiasm in mainstream Western circles for what has been done and what it portends for the future of UN peacekeeping.

 

            What has transpired since March when the UN Security Council gave its go ahead for the use of force to protect civilians in Libya should never have become an occasion for cheering despite the military and political outcome of the intervention. This unfortunate triumphal spirit was clearly voiced by the normally critically sensitive Roger Cohen. Writing in the New York Times Cohen insists that the Libyan intervention should be viewed as a historically momentous discharge of the global moral responsibility that somehow rests on the shoulders of post-colonial pro-active leaders in the West:  “..the idea that the West must at times be prepared to fight for its values against barbarism is the best hope for a 21sr century less cruel than the 20^th .” This rather extraordinary claim cannot be tested by reference to Libya alone, although even narrowly conceived the grounds for such confidence in Western uses of force in the global south seems stunningly ahistorical. But if the net is enlarged, as it must be, to encompass the spectrum of recent interventions under Western auspices that include Vietnam, Iraq, and Afghanistan the self-absorbed gaze of Cohen seems like a dangerously misguided form of advocacy relating to the use of force in international relations. Looking at this broader experience of Western intervention makes one squirm uncomfortably in reaction to the grandiose claim that the willingness of leading Western countries to police the world is humanity’s ‘best hope’ for the future. Cohen is not timid about insisting that the Libya operation up to this point provides a positive model for the future : “The intervention has been done right—with the legality of strong backing, full support of America’s European allies, and quiet arming of the rebels.” A contrast with Iraq is drawn, presumably, in contrast, an intervention ‘done wrong.’

 

            There is a heavy dose of implicit paternalism, condescension, and passé consciousness, not to mention wishful thinking, present if the West is to be identified as the best hope for the future just because it managed to pull off this Libyan intervention, that is, even assuming that the post-Qaddafi experience in the country is not too disillusioning in this one set of circumstances. What about putting the failed interventions into the balance, and then deciding whether it is helpful or not to encourage the West, which means mainly the United States, to take on this protective role for the rest of the world? I seem to remember not that long ago such self-empowering phrases as ‘white man’s burden’ and ‘civilizing mission’ being used by colonial apologists with a straight face. The West has quite a record of barbarism of its own, both within its geographic confines and in its encounters with others.  It seems arbitrary and contentious to situate barbarism geographically, and it certainly seems strange to think that the long exploited and abused non-West generates a new breed of barbarians at the gates.

 

            And let us not be to quick to heap praise on this Libyan model? It is certainly premature to conclude that it has been a success before acquiring a better sense of whether the winners can avoid a new cycle of strife and bloodshed, and stick together in a Libya without the benefit of Qaddafi as the common enemy. Or if they do, can they embark upon a development path that benefits the Libyan people and not primarily the oil companies and foreign construction firms. Any credible assessment of the Libyan intervention must at least wait and see if the new leaders are able to avoid the authoritarian temptation to secure their power and privilege within the inflamed political atmosphere of the country. The majority of the Libyan people undoubtedly have strong expectations that their human rights will now be upheld and that an equitable economic order will soon be established that benefits the population as a whole, and not the tiny elite that sits on the top of the national pyramid. These are expectations that have yet to be satisfied anywhere in the region. The challenge is immense, and perhaps is beyond even the imagination and aspirations of the new leaders, posing a challenge that exceeds their capabilities and will.

 

            Yet such worries are not just about the uncertain future of Libya. Even if, against the odds, Libya turns out to be the success story already proclaimed, there are still many reasons to be concerned about the Libyan intervention serving as a precedent for the future. These concerns relating to international law, to the proper role for the UN, and to the shaping of a just world order have been largely ignored in the public discussion of the Libyan intervention. In effect, once NATO helped the rebels enough to get rid of the Qaddafi regime, it has been treated as irrelevant to complain about aspects of the undertaking and such issues have been completely ignored by the media. In the rest of this blog I will try to explain why the Libyan intervention is far from providing future diplomats with an ideal model. I believe we should learn from the Libyan experience, and reject it as a precedent.

 

            As the World Court made clear in the Nicaragua decision of 1986, modern international law does not allow states to have recourse to force except when acting in self-defense against a substantial prior armed attack across its borders, and then only until the Security Council acts. The United Nations, normally the Security Council, but residually the General Assembly, has the authority to mandate the use of force under Chapter VII of the UN Charter on behalf of peace and security, including on the basis of UN evolving practice, for humanitarian ends under extreme circumstances of the sort that arguably existed in Libya during the latter stages of Qaddafi’s rule. This humanitarian extension of UN authority has been challenged as opening a loophole of indefinite dimensions that can be used to carry out a post-colonial imperialist agenda. Even granting that humanitarian ends should now be understood to have been legally incorporated into prevailing ideas of ‘international peace and security,’ a crucial further question exists as to whether the force used by NATO remained within the confines of what was authorized by the Security Council.

 

            The Security Council debate on authorization indicated some deep concerns on the part of important members at the time, including China, Russia, Brazil, India, and Germany, that formed the background of SC Resolution 1973, which in March 2011 set forth the guidelines for the intervention.This extensive resolution articulated the mission being authorized as that of protecting threatened Libyan civilians against violent atrocities that were allegedly being massively threatened by the Qaddafi government, with special reference at the time to an alleged imminent massacre of civilians trapped in the then besieged city of Benghazi. The debate emphasized the application of the norm of Responsibility to Protect (R2P) endorsed by the Security Council a few years ago that sought to allay fears about interventions by the West in the non-West by refraining from relying on the distrusted language of ‘humanitarian intervention’ and substituting a blander way of describing the undertaking as less of a challenge directed at the territorial supremacy of sovereign states and more in the nature of a protective undertaking reflecting human solidarity. The R2P norm relies on a rationale of protecting vulnerable peoples from rulers that violated basic human rights in a severe and systematic fashion.

 

            But once underway, the NATO operation unilaterally expanded and qualitatively shifted the mission as authorized, and almost immediately acted to help the rebels win the war and to make non-negotiable the dismantling of the Qaddafi regime. NATO made these moves without even attempting to explain that it was somehow still acting primarily to protect Libyan civilians. This was not just another instance of ‘mission creep’ as had occurred previously in UN peacekeeping operations (for instance, the Gulf War of 1991), but rather mission creep on steroids! It would have been possible during the Security Council debate to explain in a forthright manner what obviously must have been the real intentions all along of NATO. It would have been possible and respectful of the integrity of UN discourse to have made the attempt to convince the members of the Security Council that the only way the Libyan people could be protected was to help the rebels win the civil war and to be sure that Qaddafi was taken out of the picture. Presumably such forthrightness was avoided by the pro-interventionist states because it would almost certainly have turned several of the already reluctant abstaining five countries into negative votes, including in all likelihood, those of China and Russia that are permanent members whose votes have a veto effect, which in this case would have prevented the Security Council from reaching a decision. So the pro-interventionists admittedly faced a genuine dilemma: either dissemble as to the ends being pursued and obtain the legitimacy of limited advance authorization from the UN or reveal the real goals of the operation and be blocked by a veto from acting under UN auspices. If so blocked, then the further issue arises as to whether to intervene in the absence of a UN mandate.

 

A similar dilemma faced the intervening governments prior to the 1999 NATO’s Kosovo War. It was resolved by ignoring the legalities altogether, with NATO acting without any UNSC authorization. It was also a controversial precedent, and some blamed the Kosovo reliance on ‘a coalition of the willing’ or on a military alliance as providing a sufficient authorization, for the later claim of de facto authority to carry out the Iraq invasion without gaining prior UN approval. In both Kosovo and Iraq circumventing the UN’s legally prescribed role of deciding when to authorize non-defensive force on behalf of international peace and security was criticized, but the unlawfulness of the action led to no clear repudiation of either intervention after the fact, and rather highlighted the weakness of the UN. In both cases the UN after the fact acted to ratify the results of uses of force that clearly violated the UN Charter’s unconditional prohibition imposed on all uses of non-defensive force by member states. The rogue recourse to force was especially disturbing in Iraq as the attack legally amounted to a war of aggression, a crime against the peace in the language of the Nuremberg Judgment rendered in 1945 against surviving Nazi leaders after World War II.

 

            With regard to Libya, the culprits are not just the states that participated in this runaway operation, but the members of the Security Council  that abstained from supporting Resolution 1973 and the Secretary General of the United Nations have a special duty to make sure that the limits of authorization were being respected throughout the undertaking. It would seem to be a matter of constitutional responsibility for all members of the Security Council to ensure respect for the Charter’s core effort to prevent wars and seek peaceful resolution of conflicts. When exceptions are made to this generalized Charter prohibition on the use or threat of force it should always be strictly formulated, and then continuously monitored and interpreted, and if limits are exceeded, then the supervisory authority and responsibility of the Security Council should kick in as a matter of course, and in a spirit of upholding the autonomy and legitimacy of the United Nations. The Secretary General also has secondary responsibility to take appropriate steps to call the attention of the membership to such blatant departures from an authorizing resolution as an essential aspect of his role as custodian of the integrity of UN procedures and as the UN’s de facto ombudsman in relation to ensuring fidelity to the Charter. This allocation of responsibility seems more important when it is realized that the actions of the Security Council are not subject to judicial review. This controversial doctrine of judicial self-restraint within the UN System was ironically decided by the World Court in the 1992 Lockerbie case involving sanctions imposed on Libya in apparent violation of relevant treaty law. The majority of the judges concluded that whatever the Security Council decided needed to be treated as authoritative even if it went against international law, that the Security Council always had the last word in shaping UN policy even when it was acting unwisely or irresponsibly.

 

            Against this background, the abstaining states were also derelict at the outset by allowing a resolution of the Security Council involving the use of force to go forward considered that it contained such ambiguous and vague language as to raise a red flag as to the scope of the proposed authorization. Although Security Council Resolution 1973 did seem reasonably to anticipate mainly the establishment of a No Fly Zone and ancillary steps to make sure it would be effective, the proposed language of the resolution should have signaled the possibility that action beyond what was being mandated was contemplated by the NATO countries and would likely be undertaken. The notorious phrase ‘all necessary measures’ was present in the resolution, which was justified at the time as providing the enforcers with a desirable margin of flexibility in making sure that the No Fly Zone would render the needed protection to Libyan civilian.  Almost immediately once NATO launched its operations it became obvious that an entirely new and controversial mission was underway than what was acknowledged during the debate that preceded the adoption of 1973. The U.S. Supreme Court has often invalidated Congressional action as ‘void for vagueness,’ and this is something in the UN setting that Security Council members should have been prepared to do on their own in their role as final guardians of constitutional integrity in relation to war making under UN auspices. Given the Charter emphasis on war prevention and peaceful settlement of disputes, it should be standard practice that exceptional mandates to use force would be interpreted strictly to limit the departure from Charter goals and norms, but the UN record even before Libya has been disappointing, with geopolitics giving states a virtually unlimited discretion that international law purports to withhold.

 

            There is a further related issue internal to best practices within the United Nations itself. The Security Council acts in the area of peace and security on behalf of the entire international community and with representational authority for the whole membership of the Organization. The 177 countries not members of the Security Council should have confidence that this body will respect Charter guidelines and that there will be a close correspondence between what was authorized and what was done especially when force is authorized and sovereign rights are encroached upon. This correspondence was not present in the Libyan intervention, and this abuse of authority seems to have barely noticed in any official way, although acknowledged and even lamented in the corridors and delegates lounge of UN Headquarters in New York City.

 

This interpretative issue is not just a playground for international law specialists interested in jousting about technical matters of little real world relevance. Here the life and death of the peoples inhabiting the planet are directly at stake, as well as their political independence, the territorial integrity, and economic autonomy of their country. If the governments will not act to uphold agreed and fundamental limits on state violence, especially directed at vulnerable countries and peoples, then as citizens of the world, ‘we the peoples of the United Nations,’ as proclaimed by the Preamble to the Charter need to raise our voices. We have the residual responsibility to act on behalf of international law and morality when the UN falters or when states act beyond the law. Of course, this imperative does not imply a whitewash for tyrannical rule.

Libya without Qaddafi: Decoding an Uncertain Future

 

            There is so much spin surrounding the Transitional National Council victory in Libya that it is difficult to interpret the outcome, and perhaps premature to do so at this point considering that the fighting continues and the African Union has withheld diplomatic recognition on principled grounds.  Almost everything about the future of Libya has been left unresolved, beyond the victory of the rebel forces as massively assisted by NATO air strikes as well as a variety of forms of covert assistance given to the anti-regime Libyans on the battlefield. Of course, in the foreground is the overthrow of a hated and abusive dictator who seemed more the outgrowth of the surrealist imagination than a normal political leader who managed to rule his country for more than 42 years, and raised the material standards of the Libyan people beyond that of other societies in the region.  

 

It does seem that the great majority of the Libyan people shared with others in the region a thirst for political freedom. The initial uprising seems definitely inspired by the Arab Spring.  But unlike the other populist challenges to authoritarian Arab states, in Libya the anti-regime forces abandoned nonviolent tactics at early stage and became an armed uprising. This raised some doubts and widespread fears about the onset of a civil war in  the country, but it also brought forth a variety of explanations about the murderous behavior of the regime that left its opponents no alternative.

 

Now with Qaddafi gone as leader, if not yet captured or killed, a new central concern emerges. What will the morning after bring to Libya? At the moment it is a matter of wildly divergent speculation as the unknowns are so predominant. There are a few observations that clarify the main alternatives. More favorably than in Egypt or Tunisia, this populist uprising possesses a revolutionary potential. It has seems poised to dismantle the old order altogether and start the work of building new structures of governance from the ground up. The fact that the TNC resisted many calls for reaching an accommodation or compromise with the Qaddafi regime gives the new leadership what appears to be a clean slate with which to enact a reform agenda that will be shaped to benefit the people of the country rather than foreign patrons. This opportunity contrasts with the messy morning after in Egypt and Tunisia where the remnants of the old order remain in place. In Cairo numerous demonstrators were sent to jail, and reportedly tortured, after new demonstrations were held in Tahrir Square led by those fearful that their political aspirations were being destroyed by the same old bureaucracy that had provided Mubarak with his oppressive structures of authority that made the country safe for neoliberal exploitation and unsafe for constitutional democracy.  Let’s hope that the TNC can sustain Libyan unity and commit itself to the building of a democratic constitutional order and an equitable economy step by step. It will not be easy as Libya has no constitutional experience with citizen participation, an independent judiciary, or the rule of law. Beyond this, political parties, non-state controlled media, and civil society were absent from Libya during the Qaddafi era.

 

And then there is the big possible problem of NATO’s undefined post-Qaddafi role. The air war inflicted widespread damage throughout the country, and already NATO entrepreneurial interests are staking their claims, and TNC spokespersons have indicated that those who lent their cause support will be rewarded in appreciation. Fortunately, NATO does not purport to be an occupying force, but the United States and the principal European countries that took part in the war are pulling strings to release billions of dollars of assets of the Libyan state that were frozen in compliance with Security Council Resolution 1973 and various national directives, and may well be playing a major advising role behind the scenes. Will this dynamic of enabling the new leadership to achieve a finance recovery and reconstruction in Libya come as part of a package containing undisclosed political conditions and economic expectations?  There are signs that oil companies and their government sponsors are scrambling to get an inside track in the current fluid situation. It does not require paranoia about imperialist geopolitics to take note of the fact that the two major military interventions in the Arab world within the last decade were both situated in significant oil producing countries whose leadership rejected integration into a world order in which global energy policy was under the firm control of the market interests of international capital. And, oh yes, the other likely target of major Western military action is Iran, and it too ‘happens’ to be a major oil producer. Let us recall that the UN failed to respond in oil-free Rwanda in 1994 when a small expansion of a peacekeeping presence already in the country might have saved hundred of thousands from an unfolding genocidal onslaught. In the realm of world politics, it may be worth observing, coincidences rarely happen.

 

There are also significant unresolved issues associated with the precedent set by the UN in authorizing a limited protective intervention that when acted upon ignored the guidelines set forth by the drafters of the Security Council resolution. The actual scope and ill-disguised purpose of the intervention shortly after it became an operational reality in Libya was to tip the balance in a civil war and achieve regime change. Such goals were never acknowledged by the pro-intervening governments in the course of the extensive and sharp Security Council debate, and had they been, it is almost certain that two permanent members, China and Russia, given their reluctance to approve of any use of force in the Libyan situation, would have blocked UN action by casting a veto. The UN is confronted by a dilemma. Either it refuses to succumb to geopolitical pressures as was the case when it withheld approval from the United States plan to attack Iraq in 2003, and steps aside while a so-called ‘coalition of the willing’ is hastily formed to carry out an attack, or they grant some kind of limited authority that is cynically overridden by the far more expansive goals of the intervening governments as has been the case in Libya. Either way respect for the authority of the UN is eroded, and the historical agency of geopolitics is confirmed.

 

In the Libyan case, the evaluation of the UN role is likely to depend on what happens in the country during the weeks and months ahead. If a humane and orderly transition takes place in the country, and national resources are used to benefit the people of Libya and not foreign economic interests, the intervention will be effectively marketed as a victory for humane governance and a demonstration that the international community can engage in humanitarian intervention in an effective and principled manner. If the country descends into chaos as the Libyan victors fight among themselves for the political and economic spoils or take revenge on those associated with the Qaddafi regime, the intervention will be retrospectively discredited. This will happen also if the country becomes one more neoliberal fiefdom in which the majority of the population struggles to subsist while tiny elites sitting in Tripoli and Benghazi collaborate with foreign financial and corporate interests while skimming billions off the top for themselves.

 

This assessment of the intervention as a precedent is based on considering only its consequences. As such, it does not take into account the importance of maintaining as a matter of principle, the integrity of UN authorizations of military force both in relation to the UN Charter and with respect to confining the military undertaking to the strict limits of what was authorized. I will consider in a companion essay this issue of sustaining constitutionalism and the rule of law when the Security Council authorizes military action.

 

The International Criminal Court Plays Politics? the Qaddafi Arrest Warrants

   

The International Criminal Court has formally agreed that warrants should be issued for the arrest of Col. Muammar Qaddafi, as well as his son, Seif al-Islam, who has been acting as Prime Minister along with Libya’s intelligence chief, Abdullah Senussi. These three Libyan leaders are charged with crimes against humanity involving the murder, injuring, and imprisoning of Libyan civilians between Feburary 10-18, 2011, the first days of the uprising and prior to NATO’s military involvement. The ICC judge speaking on behalf of a three-judge panel authorized the issuance of the arrest warrants, Sanji Monogeng of Botswana, on the basis of the evidence presented by the prosecutor that ‘reasonable grounds’ existed to support the charges contained in the outstanding indictments against these three individuals. Judge Monogeng clarified the ruling by explaining that issuing an arrest warrant was meant to convey the conclusion that sufficient evidence of criminality existed to proceed with the prosecution, but it is not intended to imply guilt, which must be determined by the outcome of a trial. The ICC assessment is likely to withstand scrutiny so far as the substance of the accusations directed at the Qaddafi leadership are concerned. Qaddafi clearly responded with extreme violence, reinforced by genocidal rhetoric, to the popular challenges directed against the Libyan government, which certainly seems to qualify as crimes against humanity. But I am led to question why such an effort to arrest and indict was pushed so hard at this time.

 

The timing of the indictment, and now the arrest warrants, arouses strong suspicions, and not just of bad judgment! It is relevant to recall that in the course of NATO’s Kosovo War in 1999 against Serbia, the Serbian president, Slobodan Milosevic, was indicted by another European-based international tribunal–the special ad hoc International Criminal Tribunal for Former Yugoslavia. Are we now to expect that whenever NATO has recourse to war the political leader heading its opposition will be charged with international crimes while the fighting ensues? How convenient! Lawfare in the service of warfare!

Rather than a matter of convenience, the motivation seems more sinister. Criticism is deflected from NATO’s own lawlessness. In both of these instances, NATO had itself has resorting to war unlawfully, engaging in what was designated at Nuremberg as a ‘crime against peace,’ and held by that tribunal to be the greatest of war crimes embracing within itself both crimes against humanity and gross violations of the laws of war (war crimes). In the Kosovo War NATO acted without a mandate from the UN, thereby violating the UN Charter’s core principle prohibiting non-defensive uses of force unless authorized by the Security Council. In Libya there was such an initial authorization to protect civilians by establishing a no fly zone (Security Council Resoultion 1973, 17 May 2011), but the NATO mission as executed almost immediately grossly exceeded the original mandate, and did little to hide its unmandated goal of regime change in Tripoli by way of ending Qaddafi’s role as ruler and thereby achieving victory for opposition forces in a civil war. It is certainly worthy of comment that in both of these wars initiated by NATO the leader of a country attacked was targeted for criminal prosecution before hostilities has ended. Even the Allies in World War II waited until after the end of combat before trying to impose their version of ‘victors justice’ on surviving defeated German and Japanese leaders.

A somewhat similar manipulation of criminal accountability occurred in Iraq a few years ago.  There the American led aggressive war waged against Iraq in 2003 was quickly followed by a carefully planned and orchestrated criminal prosecution, stage managed behind the scenes by the US occupation commanders), followed by the execution of Saddam Hussein (and his close associates).  The Iraqi trial was politically circumscribed so as to exclude any evidence bearing on the close and discrediting strategic relationship maintained between the United States and Iraq during the period of Saddam Hussein’s most serious instances of criminality (genocidal operations against Kurdish villages), as well as by disallowing any inquiry into American criminality associated with the attack on Iraq and subsequent allegations of criminal wrongdoing in response to Iraqi resistance to military occupation.  This American potential criminality was never discussed, much less investigated in a responsible manner.

What converts these separate instances into a pattern is the Eurocentric (or West-centric) selectivity evident in most recent efforts to enforce international criminal law. It should be noted that this selectivity is made more objectionable by the impunity accorded to European, American, and Israeli leaders. Double standards so pervasively evident in this behavior undermine the authority of law, especially in relation to a subject-matter as vital as war and peace. Unless equals are treated equally most of the time, what is called ‘law’ is more accurately treated as ‘geopolitics.’

                                                                  

The geopolitical nature of this approval of arrest warrants just issued by the ICC is unintentionally confirmed when it is acknowledged by NATO officials that it will not be possible to arrest Qaddafi unless in the unlikely event that he is captured by the Rebels. Governmental representatives in Washington admitting this, have declared that the warrants will nevertheless be useful in forthcoming UN debates about Libyan policy, presumably to push aside any objections based on the failure by NATO to limit military operations to the no fly zone initially authorized by the Security Council. It should be remembered that the initial authorization in SC Resolution 1973 was itself weakened by five abstentions, including China and Russia, and further, by South Africa that voted with the majority, while expressing strong objections to the subsequent undertaking.  One wonders whether China and Russia would not have used their veto had they anticipated how far beyond what was insisted on limited humanitarian purposes by the proponents of the use of force would the actual operation become. In effect, to overcome any impression of unlawfulness on NATO’s part it is useful to demonize the adversary, and an opportune way to reach this goal is to put forward premature accusations of severe criminality.

Of course, as has been pointed out more than once, there was an embedded hypocrisy in the central argument put forward by the states seeking a UN green light to intervene in Libya, which was based on the responsibility to protect norm that supposedly confers a duty on the international community to protect civilian populations that are being subjected to severely abusive behavior. Too obvious contradictions were present. Why not Syria in the current regional setting? And even more starkly, why not Gaza back in 2008-09 when it was being mercilessly attacked by Israel? The answers to such questions are ‘blowin’ in the wind.’

There are further more technical reasons in the present setting to challenge the timing of the arrest warrants. They seem legally and politically dubious. Legally dubious because the most serious criminality associated with the behavior of the Qaddafi regime during the conflict occurred after the ICC cutoff date of 18 February (e.g. the siege of Misrata). Why other than ulterior motivations was there this rush to prosecute? Politically dubious because there is now a new obstacle to diplomacy in a situation where the alternative seems likely to be a prolonged civil war. Negotiating space for an accommodation is definitely reduced by this implication of Qaddafi’s criminality that creates incentives for the Tripoli leadership to fight on as long as possible.

Perhaps, cynics would argue that law always reflects power, and of course they are correct to a certain extent. Progress in human affairs arises from a struggle against such pretensions. And the locus and nature of power is changing in the world: the West is losing its capacity to shape history and high technology warfare, upon which the West depends to enforce its will on the non-West, is losing its capacity to produce political victories (e.g. anti-colonial wars, Vietnam, Iraq, Afghanistan). This politicized use of the ICC in the course of the Libyan War offers an opportunity for those dedicated to global justice, especially in the Arab world, to insist that international law should no longer serve as a plaything for those who intervene with hard power in their region from the comfort zone of NATO headquarters.