Archive | September, 2015

The Sympathetic Skeptic: Luis Cabrera’s Interview with Richard Falk on behalf of the World Government Research Network

12 Sep

[Prefatory Note: The following interview was conducted by Professor Luis Cabrera, a political theorist on the faculty of Griffith University in Brisbane Australia. Cabrera has written notable books on themes of world government and global integration. He is also the co-founder and co-director of the Global Government Research Network. The original posting of the interview can be found at <wgresearch.org/seven-questions-for-richard-falk/?tve=true>

 

[I would describe myself as a strong skeptic, and place less emphasis on the sympathetic aspects of my views about finding institutional mechanisms protective of global and human interests. I do believe that a stronger and more independent UN is part of the answer as are special governmental and quasi-governmental arrangements to deal with specific subject-matter of global scope. At the same time, advocacy of world government irresponsibly overlooks the danger of sanctioning a move to global tyranny and to a frozen economic order that would almost certainly need to deal with disparities in material circumstances by coercive means. I do recommend checking out the website recently put together by Luis Cabrera and James Thompson, and can be found via Google at ‘World Government Research Network’ where high quality articles and world government related news can be found.]

 

 

[The following biosketch preceded the interview: Richard Falk is Albert G. Milbank Professor Emeritus of International Law at Princeton University and associated with the program on Global and International Studies at the University of California, Santa Barbara since 2002. He has been a prominent and prolific voice in scholarship on international law and world order since the late 1950s, and more recently has championed the promotion of ‘humane global governance’ as an alternative to top-down economic globalization. Falk was centrally involved in the World Order Models Project in 1960s-1980s. WOMP was a research-focused outgrowth of the world government movements of the 1940s and 1950s, and its head, Prof. Saul Mendlovitz of Rutgers, was an unabashed advocate of binding world government. Falk was more skeptical, famously arguing that most world government proposals are guilty of ‘premature specificity.’ The World Government Research Network interviewed Prof. Falk on his long career and current views on global integration in August 2015.]

 

1) You were the North American director for the World Order Models Project (WOMP), which was aimed in part at developing an inclusive international academic dialogue on global integration. What were the major challenges to developing a genuinely global dialogue, and how successful do you think the project was in meeting them?

 

I think the main participants in WOMP were very disposed to a global dialogue, although sharp differences in outlook were present from its inception. There was an initial split between those of us from the North who focused on war prevention given the anxieties generated by the U.S./Soviet geopolitical rivalry and those in the South who were concerned with development, overcoming European colonial legacies, and steering clear as possible of the Cold War. A secondary split was between Saul Mendlovitz, the overall director and fund raiser who made the project possible, who strongly believed in the near term inevitability and desirability of world government in some form and the rest of us who believed that the preconditions for democratic world government did not exist, were not on the horizon, and in any event were fearful of international integrations of political authority and power beyond the level of regionalism. WOMP was successful so long as it agreed to disagree, which it did during its initial decade or so of existence. There were stimulating meetings in various parts of the world, and a series of interesting books describing our ‘preferred world for the 1990s.’ Mendlovitz edited a volume of essays that gave an overview of the project by giving the authors an opportunity to put forth their distinct visions of a feasible, necessary, and desirable future for world order. Of the principal authors my book A Study of Future Worlds came by far closest to endorsing a global integrationist vision by its stress on the necessity of ‘a central guidance system’ to deal with the problems of the world in the 1970s, but still tried to keep my distance from the Western tradition since the end of World War I of pushing world government schemes.

 

The second phase of WOMP sought to fashion a consensus view of the future of world order. Its shared framework was based on the acceptance of world order values (peace, human right rights, economic wellbeing & justice, and environmental protection) rather than on trends toward global integration. There was little attention given to the emergence of ‘globalization’ and its economistic orientation via neoliberalism or the optic provided by ‘the Washington consensus.’ This second phase of WOMP coincided with the end of the Cold War. The differences in regional priorities persisted, and the projected ended in a mood of frustration, especially on the part of Mendlovitz who until the very end believed that the secret to a peaceful future was challenging the war system and establishing a robust form of global constitutionalism. The rest of the WOMP participants were either not interested in this form of advocacy or suspected it as a kind of Western geopolitical Trojan Horse that contained a blueprint for global domination that was to be disguised in public discourse as a plan for world government.

 

2) Overall, what do you see as the most significant contribution of WOMP? What are the lessons that current scholars should take from the WOMP experience, including in such coalitional efforts such as the World Government Research Network?

 

I think the idea of bringing together prominent scholars in their respective regions who shared normative preferences for a humane world order was an extraordinarily prescient initiative, but it may have been prematurely enacted. I believe there is more awareness in this period of the early 21st century of the need for the collaborative design of alternative futures in an historical context of intensifying global integration and a growing awareness of the fragility of political arrangements in a state-centric structure of world order that can neither protect the global/human interest in relation to climate change and nuclear weaponry nor can provide national or human security for peoples living within the boundaries set by the nation-state.

 

Online collaboration provides exciting opportunities for collaboration without any dependence on major funding, although it gives up the benefit of face-to-face contact that deepens social networking. The WOMP experience may be helpful in identifying the limits of such collaboration as well as the importance of setting a research agenda that gives space and relevance to a variety of viewpoints. The dialogic experience works best when there is a shared normative ground that is at the same time comfortable with the reality and legitimacy of divergent views, with participants refraining from any compulsion to overcome disagreements and divergent priorities.

 

3) You have long been associated with world order studies and world federalism, but you have also been consistently skeptical of advocating a binding world government in the relatively near term. What would you say to the many researchers who in recent years have helped revive academic dialogue around world government, in many cases advocating it?

 

I am not sufficiently familiar with the recent trends in world government advocacy by scholars to have any strong opinion about its usefulness either pedagogically or as the basis for engaged citizenship. I continue to find absent the political preconditions for any kind of constitutional consolidation of authority at the global level as distinct from considerable latent potential for regional and sub-regional integrative developments. I also see some societal benefits accruing from reversing trends toward global integration, and have an interest in what I have enigmatically called ‘anarchism without anarchism’ and might seem to be at odds with my earlier support for global reform to achieve central guidance capabilities.

 

My scepticism about world government is grounded on three types of objection: first, creating a global polity without a prior global community is almost certainly a formula for either collapse or tyranny; secondly, the unevenness of material circumstances and cultural outlook would make the control of the political center almost certain to depend on iron fist structures of domination and exploitation; thirdly, the almost total absence of political will among either contemporary elites or publics to create a world government, or even to posit world government as a desirable goal; nationalism remains a strong ideological reinforcement for the maintenance of a state-centric world order.

 

What I do agree about is the vital importance of finding procedures and mechanism that will promote the global and human interest. The UN was conceived to fill this gap, but its statist structures has made it mainly a venue where competing conceptions of national interests seek to find compromises. Such a framework has not been able to address problems of global scope such as nuclear weaponry, climate change, and the regulation of the world economy. Is it possible to imagine the effective promotion of the global/human interest without the existence of world government, whether in federalist or unitary form? I regard this as the primary survival question facing the human species that pertains to the role and nature of global governance. Without a capability to serve the global/human interest, I lack the imagination to grasp how a catastrophic future for generations to come can be avoided.

 

 

4) You have championed global civil society, or ‘globalization from below’ as a means of promoting more humane global governance and ultimately preparing the way for shared rule well beyond the state. Are you encouraged by developments in global civil society in the 55-plus years of your academic career, discouraged, or do you see the record as more mixed?

 

I remain uncertain how to respond. My mood varies with sudden changes in the global atmosphere. I felt encouraged, even excited, by the unfolding of the Arab Spring and the Occupy Movement in 2011, but feel more discouraged by the success of subsequent counterrevolutionary forces that have proved so robust in the Middle East and by the inability of the Occupy Movement to sustain its initial impulse to challenge contemporary distortions and injustices attributable to neoliberal capitalist logic and behavior. I continue to believe that hope for the future rests upon challenges from below, a normative insurgency that posits an eco-humanist imaginary with sufficient persuasiveness to mobilize widespread support around the world, including among disaffected segments of economic and political elites that recognize the need for a paradigm shift away from growth-oriented compulsions, as well as a radical turn against the war system as the means to achieve security and stability.

 

 

5) You also have championed, with Andrew Strauss, the development of an initially consultative global parliament. Later versions of the argument advocate the signing of a treaty among existing democratic states to get the ball rolling. Does that still appear to you to be a more promising route than, for example, the one advocated by the Campaign for a United Nations Parliamentary Assembly?

 

Yes, I still believe that a global parliament that represents people directly is more promising than the creation of a parliamentary assembly that is likely to reproduce most tendencies already present in the UN. I think there is a better chance of a peoples assembly creating a different kind of global agenda with different priorities if it is established as the outcome of a populist movement. To be worthwhile a global parliament must be responsive to global interests and to the grievances of the most marginalized and vulnerable peoples in the world, and should be proposed with these goals uppermost. Of course, as a political institution a global parliament will evolve in ways that reflect changes in the political climate, but it should be insulated to the extent possible against manipulation by money and by national governments, especially by those governments harboring hegemonic ambitions.

 

6) You are often quoted (from a 1975 piece) as saying that global government proposals and proponents engage in ‘premature specificity.’ How long until the time is right, if ever?

 

What I meant by the phrase is that without a political climate receptive to global government proposals, the blueprinting of institutions is an exercise of limited value, and tends toward an apolitical approach to global change. The Clark/Sohn plan for limited world government through the radical reform of the UN Charter is a clear illustration of what I have in mind. It lacks any conception of a political scenario that has the slightest chance of moving from the current state of affairs to the ideal future that they set forth as a solution for the world order challenges of the Cold War Era. There is a chicken and egg problem admittedly present: the demonstration of offer practical designs for how a world government would work is intended to overcome criticisms that argue that world government is not capable of preserving societal freedoms and could not restrain the abuse of power by those in control of such strengthened institutions. It has been my experience that those who set forth their plans for world government are usually ultra-rationalists who believe that change follows from having the best ideas, winning after dinner arguments. I disagree with such viewpoints, and regard change as following from the interplay and eruption of social forces. What seems useful at this time is for scholars acting in transnational collaboration to construct a series of political scenarios that envision benevolent forms of global transformation, including tentative ideas about institutional design. I would think this would be an excellent undertaking for the World Government Research Network just launched.

 

 

7) You have been actively engaged in social and political affairs for many decades. What advice might you have for upcoming generations of academics, in particular those working in areas of international politics and law, who might also want to engage, and do so effectively?

 

Political participation is a very personal matter, and depends on how a person views the world, as well as on conceptions of the proper interaction of the life of a professional academic and that of a citizen concerned with public policy. I have taken the view, which is controversial within American universities that engaged citizenship can usefully include advocacy work, which can also make contributions to education in a free society. The first challenge is to develop the skills appropriate for critical and independent thinking. The second challenge is the importance of endowing conscience with sufficient authority as to validate the role of citizen/scholars in talking truth to power and entering the arenas of debate and action to promote preferred policy outcomes.

 

I felt that forthrightness in the classroom combined with receptivity and openness to opposing viewpoints gave added vitality to the academic experience, and connect the pursuit of knowledge with a commitment to societal reform in positive ways.

It is important to be sensitive to the political atmosphere as it bears on particular issues. In my own experience there is no doubt that I have paid a price for articulating controversial beliefs on current policy issues and implementing such analyses with shows of solidarity with groups and peoples seeking liberation from oppressive circumstances. Challenging the established order is much more likely to produce pushback, even in the form of discriminatory actions and defamatory attacks, on some issues than others. For instance, on questions of world order, although many disagreements exist that reflect divergent worldviews and ethical standpoints, there is rarely the kind of effort to discredit opponents as is encountered when the focus is on contemporary issues of political and social conflict, especially if it touches on matters of military intervention, religious and ethnic identity or counters the work of strongly entrenched domestic lobbies.

 

The Nuclear Challenge (10): Seventy Years After Hiroshima & Nagasaki: Against Binaries

10 Sep

[Prefatory Note: This is the tenth, and mercifully the last, in this series of posts prompted by the 70th observance of the atomic attacks in 1945. The intention has been to explore several of the more important dimensions of what is called here ‘nuclearism,’ the securitization of nuclear weaponry in the face of international law, international morality, and simple common sense, and what can and should be done to achieve desecuritization of such weaponry of mass destruction, reviewing the stubborn adherence to nuclearism by the nuclear nine, the marginalization of the UN with respect to disarmament and denuclearization, and the rise and fall of antinuclear activism in civil society. Hopefully, the time will come when a less gloomy depiction of the nuclear challenge can be made by some future blog practitioner. This text is a slightly revised version of what was initially posted, written in grateful response to comments received.]

 

There have been a variety of philosophical assaults on either/or thinking, perhaps most notably flowing from the deconstructionist pen of Jacques Derrida. In more policy related contexts, the debate about dichotomizing gender has featured two sets of arguments: first the contention that it is important to distinguish lesbians, gays, bisexuals, and transgender people, hence the LGBT designation of sexual ‘otherness,’ which enriches the either/or-ness of the reigning male/female gender binary. Identifications of sexuality also cuts against the grain of the dominant heterosexual or straight template, and is further contested by ongoing debates surrounding the societal, legal, and conceptual legitimacy of ‘same sex marriages.’

 

The New York Times columnist, Charles Blow, pushes the sexual identity envelope further by developing the case for ‘fluidity’ of preferences, that is, neither purely this or that. He personalizes the issue, indicating that he generally is attracted to women, but on occasion might also be attracted to men, which because the feelings of attraction are greater for women than men, it is not accurate to define himself as ‘bisexual.’ Such a blurring of boundaries corresponds with the actuality of his feelings that even cut across supposedly liberating socially constructed categories as LGBT is meant to be. [Sept 7, 2015] The point being that the biopolitical reality of life often does not divide neatly into binary categories, and when we address the issue as one of upholding societal norms by enacting laws disciplining sexual limits, adverse social, political, and psychological self-alienation and arbitrary distinctions follow. This encroaches upon our freedoms in unfortunate, often unconscious, ways, leading many individuals to stay in the closet to hide their true feelings or be open and face subtle punitive consequences. Or, at best, individuals conclude that their failure to fit their feelings into a single box is somehow ‘abnormal.’ Relaxing traditional roles of state, church, and society in policing politically correct identities is one of the few areas in which freedom in American can be said to have expanded in the last couple of decades, and this, largely due to the transcendence of gender and sexual binaries thanks to robust civil society activism that cut against the grain of majority sentiment.

 

 

Perhaps, the most blatant of all binaries bearing on nuclear weapons is between ‘good’ and ‘evil’ nuclear weapons states, which immediately reminds us of Mahmood Mamdani’s devastating critique of the distinction between ‘good’ and ‘bad’ Muslims. [See Mamdani, Good Muslim, Bad Muslim: America, the Cold War, and the Roots of Terror (2005)] The United States and its allies regard themselves as ‘good’ nuclear weapons states that the world has no reason to worry about while Iran, North Korea, and Pakistan are ‘evil,’ or at best ‘irresponsible’ or ‘insecure’ states that should if at all possible be disallowed to acquire nuclear weapons. It is this primary binary that provides the moral/political disguised infrastructure of NPT treaty regime, which when established was confined to the P5 of the UN Security Council, which while not conceived of as ‘good’ by the West were at least not part of ‘the axis of evil’ depicted by George W. Bush during his presidency.

 

In this series on the nuclear challenge as of 2015, I have myself succumbed to the ‘binary temptation’ in at least two respects—distinguishing arms control from disarmament, and separating nuclear disarmament from conventional disarmament. Relying on binaries can contribute to a certain clarity of analysis, leading I believe to useful political discourse, but it is also misleading unless qualified and transcended. Dichotomizing choice and consequences in these ways can be especially useful in pointing out weaknesses and pitfalls in ‘politically correct’ methods of solving societal problems. In this spirit, I continue to believe it is illuminating to insist on the critical difference between complete nuclear disarmament as transformative of the security scene as now embedded in world order and arms control as a series of more or less helpful reformist moves that stabilize and manage the role of nuclear weaponry in contemporary security structures. These arms control moves are made without posing any challenge to the fundamental distribution of power and authority in the world, and tend to make such a challenge appear less urgent, and even of questionable benefit.

From this perspective, then, a critique of the NPT regime as the preeminent stabilizing structure in relation to nuclearism seems justified. It provides the basis for setting forth an argument that the NPT approach is antagonistic, rather than complementary to denuclearization and disarmament. This is contrary to the way the NPT regime is generally explained and affirmed, which is as step toward achieving nuclear disarmament, and an indispensable place holding measure to reduce the risks of nuclear war. It is true that inhibiting the spread of nuclear weaponry seems to be in the spirit of what might be described as horizontal denuclearization, although even this limited assertion is not without controversy. The recently deceased Kenneth Waltz with impeccable logical consistency seemed to believe so deeply in rational decision making as embedded in the doctrine of deterrence that he favored the spread of nuclear weapons to additional countries because it would tend to make governments more cautious, and hence nuclear war less likely. Others, including myself, are more ambivalent about such an out of the box position, worrying about any further spread of the bomb, but thinking that only when there is a sense of a loss of control in the capitals of the nuclear nine will there arise a sufficient interest in denuclearization as a genuine political project (as distinct from more or less sincere rhetorical posturing). Obama’s Prague speech in 2009 still seems sincere as of the time of its delivery, but we need to notice that it lived and died as rhetoric because it lacked legs, that is, the rhetoric was never converted into a political project. In contrast, the NPT is definitely a political project and enjoys strong geopolitical support.

 

The policy emphasis on horizontal denuclearization has the sometimes intended and sometimes unintended effect of shifting public attention away from the greater problematique of promoting vertical declearization, that is, inducing the nuclear weapons states to enter a diplomatic process that would finish with zero nuclear weapons in their military arsenals. Again such a distinction, while useful for some purposes, employs the artificial binary of horizontal and vertical, and misses the nuance actuality of hybridity and interactivity, or what Blow describes as ‘fluidity’ or others have been delimiting by dwelling on the fifty shades of gray positioned between the black and white of conventional thinking. Decuclearization for each of the nuclear nine raises different issues depending on the outlook of their leadership, the political context, and the ease of making alternative non-nuclear security arrangements, as well as their interaction with one another and with neighboring states.

 

Perhaps, the most salient false dichotomy of all is between ‘nuclear weapons states’ and ‘non-nuclear weapons states.’ When countries have the enrichment facilities and materials, as well as the technical knowhow, they possess a breakout capacity that could materialize in a matter of months, or maybe already exists as a result of a secret program (as was the case with Israel). Yet without acquiring and exploding a bomb such states retain their status as non-nuclear. Israel is treated as belonging to the nuclear nine because its possession of the weaponry has been documented convincingly, although it has never officially admitted its possession of the weaponry, and keeps vindictively punishing Mordechai Vanunu because he exposed the truth about Israel’s nuclear program. North Korea may not have assembled a bomb when it was charged with violating NPT constraints. Germany and Japan, and perhaps a few other countries, are latent or threshold nuclear states, although their overt posture is one of being ‘non-nuclear.’ The fluidity of reality makes the binary classification, at best, a first approximation. At worst, it creates a deceptive distance between states that have nuclear weapons and those that do not presently possess the weaponry, but could do so in a short time. Or between those that pretend not to have the weapon but actually have it and those that pretend to have it but do not have it. The binary classification ignores the many differences with respect to nuclear weapons and doctrines surrounding use of the nuclear nine, but also the many nuances of technical and political proximity to nuclearism of non-nuclear states. Some states have allowed deployments of nuclear weapons on their territory, others have prohibited ships carrying nuclear weapons from entering their ports for even a short visit.

 

 

The situation becomes even more complicated if inquiry is extended to secondary political effects. It has been argued that vertical denuclearization undertaken by the United States would likely lead to horizontal nuclearization on the part of Japan and South Korea. Contrariwise, it is reasoned in strategic circles that the nuclearization of countries in Asia and the Middle East could induce vertical denuclearization on a systemic basis to avoid the instabilities and raised risks of a growing number of hands on the nuclear trigger, and to clear the way for regional securitization based on American conventional military dominance. Worries about continued proliferation combined with the realization that American military power would become more usable and effective in a world without nuclear weapons even led such realist mainstays as George Shultz, Henry Kissinger, William Perry, and Sam Nunn to support nuclear disarmament in the normally militarist pages of the Wall Street Journal. [“A World Free of Nuclear Weapons,” Wall Street Journal, Jan 4, 2007.]

 

A similar line of reasoning applies to the relationship between nuclear disarmament and conventional disarmament. Focusing on nuclear disarmament as a distinct undertaking avoids difficult issues of whether disarmament rests on a premise of pacifism and thus would be imprudent in view of centuries of political consciousness supporting the right and practical necessity of political communities acting in self-defense to uphold their security against external threats. This logic of a collective right to bear arms underlies the modern system of state-centric world order that conceives of security within bounded territorial entities as integrally linked to the war system.

 

At the same time, as discussed in relation to Gorbachev’s vision of nuclear disarmament discussed in The Nuclear Challenge (3), it is unrealistic to think of deep disarmament without introducing demilitarization into the process. Otherwise as Gorbachev points out, governments will be reluctant to take the last steps in a denuclearizing process if they understand that at the zero point for nuclear weapons, the world will be confronted by American military dominance, already prefigured by the U.S. government spending almost as much to maintain and develop its military machine as the entire rest of the world. For meaningful commentary it is necessary to view different types of disarmament as complements rather than as alternatives, and not to ignore different levels of interactivity. Although both Gorbachev and the Shultz group advocate nuclear disarmament, their geopolitical agendas are at opposite ends of the political spectrum. Gorbachev seeks a demilitarized world of equally secure sovereign states whereas the Shultz group favors stabilizing American military hegemony.

 

One of the most frequently identified binary is that between nuclear weapons and nuclear energy or power. This binary is built into the NPT regime, giving non-nuclear states reassurances in Article IV that by foregoing the bomb they will not be denied the supposed benefits of nuclear energy, and that they can look forward to a denuclearized world as the nuclear weapons states accepted a legal duty to negotiate disarmament in Article VI. And then in Article X parties to the NPT are given a right to withdraw after giving three months notice in response to security imperatives, a right that can be overridden by the geopolitical insistence on non-acquisition of the weaponry as with Iran. The reality of the nuclear world subverts such a binary in a number of ways. If a nuclear energy program is established it creates conditions that makes it easier to cross the weapons threshold by having the capability to produce enriched uranium or plutonium and the technical knowhow to produce a nuclear warhead. Also, the kind of nuclear accidents that occurred at Chernobyl and Fukushima suggest that nuclear facilities are nuclear time bombs awaiting an igniting natural disaster or human error. Such nuclear power plants are also could be a priority target for unscrupulous political extremists. These nuclear facilities pose unknown risks of devastation that could terrorize millions of people, and spread intense fear across the globe following the release of large amounts of intense radiation. Vagaries of air currents might determine whether communities become afflicted or not.

 

And then there are issues of geopolitical fallout stemming from managing the NPT regime. Instead of the NPT contributing to stability, its maintenance can provide the rationale for recourse to threats and uses of aggressive force. The 2003 invasion and occupation of Iraq was mainly justified as a NPT enforcement operation as was the imposition of damaging international sanctions on Iran coupled with frequent reiterations of the military option by American and Israeli leaders. In effect, the alleged need to prevent certain instances of unwanted proliferation is providing political actors, especially the United States, with geopolitical justifications for costly unlawful wars that displace millions and disrupt existing political arrangements. Characterizing nuclear energy as ‘peaceful’ does not seem compatible with the spirit or substance of a fully denuclearized world.

 

There is an even deeper divide that needs to be bridged conceptually and practically. Can drastic forms of demilitarization reliably occur without also addressing poverty and gross disparities of individual and collective existence? And can such socio-economic issues be resolved without a combination of life style adjustments and the dismantling of neoliberal capitalism as the ideological linchpin of economic globalization? And are any of these radical changes worth contemplating without the inclusion on the policy agenda of global warming and threats to biodiversity? And on and on.

 

What I favor, in effect, is retaining binaries to clear up basic choices that can be better understood without the complexities and subtleties of fluidity, but also moving toward a second level of interpretation that is immersed in the existential realities of the lifeworld. On this level, evaluation would be contextual and configurative, and not be pre-judged or appraised by reference to a reductive binary. From such angles, the NPT would be seen as both helpful and harmful, making its assessment change with time and context. The NPT may have, on balance, been a constructive step in 1968 when it was possible to believe that inhibiting proliferation would give nuclear disarmament time and space to establish a more favorable climate for negotiations. By way of comparison, in 2015 the world possesses overwhelming evidence suggesting the disinclination of the nuclear weapons states to consider disarmament as a serious policy option. Such an understanding may shift the balance sufficiently to make it now more constructive to repudiate, or at least challenge the NPT regime. Such an altered approach seems quite reasonable in light of the militarist and unlawful tactics of implementation employed to victimize the peoples of Iraq and Iran.

 

The question of how to think about nuclear issues is itself daunting, yet crucial. One way to go about it is the recognition of distinct discourses with some sensitivity to overlaps between binary and contextual or configurative forms of analysis as discussed above. Among the substantive discourses that seem particularly useful for the promotion of denuclearization and disarmament the following can be commended: international relations; geopolitics; international law; international morality; denuclearization; demilitarization; securitization. Obviously, the path to nuclear zero is long with many twists and turns, and where it will lead remains unknown. What is known is that the struggle for nuclear disarmament, denuclearization, and demilitarization bears heavily on the destinies of the human species, and we each have a responsibility to become a participant rather than a spectator.

The Nuclear Challenge (9): Relying on International Law: Nuclear Zero Litigation

8 Sep

 

The Nuclear Challenge (9): 70 Years After Hiroshima and Nagasaki: Nuclear Zero Litigation


 

[Prefatory Note: Two prior posts, The Nuclear Challenge (1) & (2) address indirectly the efforts of international law and lawyers to highlight the clash between international law and nuclear weapons. In this post I combine a focus on international law with a continuation of the inquiry into the role of civil society activism that was the theme of The Nuclear Challenge (8). Here I attempt a more concrete gaze at the promise and limitations of international law as a policy instrument available to governments and citizens committed to the goal of a world without nuclear weapons. The Nuclear Zero Lawsuits filed by the Republic of the Marshall Islands on April 24, 2014 provide an occasion for such an appraisal. This litigation reflects opposed counter-currents. It is both an encounter with geopolitical nuclearism and a mode of global consciousness-raising at a time of dangerous complacency about the threats posed by the continuing possession and deployment of nuclear weaponry, as well as the warping of the security mind by supposing that human security can ever be ethically and effectively safeguarded by current strategic thinking surrounding the varying roles assigned to this weaponry by the military planners and political leaders of the nine nuclear weapons states. The text below contains some revisions and corrections of the original post, mainly reflecting my attempt to take account of constructive feedback.]

 

From the time of the atomic explosions at the end of World War II there have been two contradictory sets of tendencies at work: the repudiation of the weaponry and its contemplated uses as ultimate criminality and the secret feverish refinement of the weaponry to enhance its precision, destructive effects, battlefield capabilities, and delivery systems. To date, the latter tendency has prevailed, but so far, contrary to the worst fears, avoiding uses (but not without unlawful threats to use, think tank proposals for use, and high alert international crises containing unseemly dangers of nuclear war).

 

From the beginning international law was a tool relied upon by those who challenged the legitimacy of both the atomic attacks themselves and the later developments and doctrines associated with the weaponry and its central role in the superpower rivalry at the core of the Cold War. In the immediate aftermath of the atomic attacks on Japan, there were many governmental pronouncements in the West about nuclear disarmament as an imperative of human survival, and it was widely assumed in the public that international law through the medium of a negotiated treaty containing procedures to assure compliance by all parties was the correct approach to unconditional declearization and principled repudiation of the weaponry, and this remains the consensus view of pro-disarmers at present.

 

Especially the UN General Assembly from the outset of the nuclear age was a political venue within which the criminality of the weaponry was confirmed, although gradually the impact of nuclear geopolitics moved disarmament off-stage and shifted policy attention to the supposedly more realistic goals of managing the nonproliferation regime and minimizing the spread of the weaponry. As discussed in previous posts, whatever political energy for a world without nuclear weaponry existed has been transferred over time to a variety of civil society venues. During the Cold War, Europe was the most likely military theater for a nuclear confrontation, accounting for a variety of anti-nuclear movements and initiatives. The Campaign for Nuclear Disarmament (CND) in Britain being the best known, but also the German Green Party gained anti-nuclear prominence. Since the end of the Cold War the most activist anti-nuclearism has been associated with advocacy and educational efforts that were oriented around the presumed authoritativeness of international law as reinforced by political commitment and international morality in two major respects:

                        –the unconditional unlawfulness of the weaponry with respect to threat, use, deployment, possession, and development;

                        –a reliance on a treaty-making approach to achieve nuclear disarmament by carefully calibrated stages, and subject to monitoring, verification, compliance, and dispute settlement procedures, and containing robust response mechanisms in the event of non-compliance or cheating.

In other words, both the case against all facets of nuclearism as presently operative and the framework proposed for its elimination through a process of total denuclearization are both guided and governed by international law.

 

At the same time, there are difficulties with an uncritical acceptance of this centrality of international law. First, the evidence is strong that the nuclear weapons states, above all the United States, will not override its security policies as related to nuclear weapons or other vital concerns of foreign policy out of deference to international law. This official lawlessness exists even in the face of assessments of international law enjoying the strong backing of the International Court of Justice, the world’s highest judicial body. The 1996 Advisory Opinion of the ICJ reached two conclusions that should have led to operational adjustments in the announced doctrine and political behavior of governments possessing nuclear weapons: (1) nuclear weapons were only lawfully usable, if ever, when the survival of the state was credibly at issue; and (2) a unanimous views among the judges that the nuclear powers had a good faith obligation to negotiate both an end to the arms race and a disarmament plan, and what is more, and should not be overlooked, that these governments had “an obligation..to bring to a conclusion negotiations leading to nuclear disarmament.”

 

True, this was an advisory opinion, not formally binding on the parties, leading to diverse views as to legal weight of the findings. Also it was the case that the ICJ judges were badly divided, with a slim majority (and even that resting on the President’s second casting vote to break a tie) favoring the view of conditional unlawfulness of the weaponry. Actually, the unlawfulness side was stronger than it seemed by looking only at the vote on the central finding of severely qualified legality as three of the ICJ judges were so committed to unconditional unlawfulness that they refused to support the majority conclusion, which was deliberately made consistent with a very narrowly construed deterrence doctrine. What is more notable is that the nuclear weapons states paid not the slightest operational attention to what these most distinguished judges from the world’s main legal system had determined in the only systematic international review of the arguments about legality that had gone on since the first atomic explosion in wartime (a persuasive national review was set by a Japanese court in the important Shimoda case) . This disdain for the relevance of international law was apparent even before the ICJ issued its advisory opinion, taking the form of the vigorous opposition led by the United States to the General Assembly referral of the question of legality to the World Court, insisting, in effect, that a judicial interpretation of international law was not relevant to the status of nuclear weapons. The substantive claim being made was that the U.S. Government was as it was doing all that it could reasonably do to reduce risks of nuclear war, through arms control, nonproliferation, and deployment policies. Any more foundational judgment was thus deemed inappropriate and misleading. Further, that the ICJ was a judicial body not equipped to evaluate security policy, and thus at best relying on ‘moral’ and ‘political’ considerations couched in legal language.

 

The same line of reasoning was relevant with respect to the second conclusion relating to the NPT obligation to negotiate in good faith and with an end in view. What was already being done supposedly fulfilled the Article VI obligation of the nuclear weapons states, and the Court had neither the information or the expert competence to pronounce otherwise, although the judges unanimously acted as if they did have the needed knowledge, and hence an institutional responsibility to pronounce their views as to the legality of nuclear weaponry and the requirements of compliance with the NPT.

 

I think a clear picture evolves. The nuclear weapons states accord primacy to geopolitical policies when in tension with international law, especially on crucial issues bearing on the conduct of warfare and the shaping of peacetime security policies. The geopolitical consensus accepted by all nine weapons states is to disregard or sideline the purported relevance of international law. In reaction to this consensus there is some huffing and puffing by nonnuclear governments, but no political will to mount a challenge on even such a tangential issue as non-compliance with the Article VI obligation, a clear material breach of the NPT. This combination of geopolitical nuclearism and passivity by the members of international society other than ‘the nuclear nine’ has meant that it is up to each of this latter group of states, as a matter of sovereign discretion, to determine what its policies on deployment, threat, and use will be, and whether it will agree or not to specific arms control measures. And because government security policies are treated as the most carefully guarded of all state secrets, there is no meaningful democratic participation, including even by most elected or appointed government officials, and neither knowledge nor leverage by the citizenry. Every government possessing nuclear weapons is authoritarian, with only the head of state having the non-reviewable and unaccountable authority to decide whether and when to use nuclear weaponry against which targets and with what magnitudes of destructive power.

 

Left to carry on the campaign to rid humanity of the nuclear menace are the disparate and somewhat incoherent forces of civil society as receiving varying degrees of encouragement from non-nuclear states. At times of global crisis, as occurred periodically during the Cold War, these forces from below can be aroused to sound a loud alarm that has some resonance at the political center, but mainly this kind of societal pressure demands prudence and restraint rather than compliance with international law, and gains satisfaction from tiny incremental moves taken to step back from the nuclear precipice. With the decline of anxieties about possible confrontations between major nuclear weapons states after the end of the Cold War, there is mostly evident a mainstream law emphasis on the ‘enforcement’ of the NPT directed at non-nuclear states perceived as seeking to acquire nuclear weapons.

 

Behind these developments, off to one side, are persevering efforts to insist on the unlawfulness of the weaponry and on gaining support for using the existing legal machinery of states and world society to push harder on the arguments of illegality. As has been pointed out, such efforts even if successful, are unlikely to make the steep climb up the geopolitical mountains on top of which are located the nuclear weapons arsenals. Yet that does not make the struggle to empower law with respect to nuclear weaponry without meaning or irrelevant to a survivable future. The outcome of the ICJ Advisory Opinion on legality, despite the unwelcome outcome of being defiantly deflected by the nuclear weapons states, did have the positive effects of strengthening the political will and morale of anti-nuclear activists and their organizations throughout the world, and even making non-nuclear governments more aware that the nuclear nine were not fulfilling their part of the NPT bargain.

 

One notable expression of this heightened political will was the initiation of litigation in ICJ and American federal courts by the Republic of the Marshall Islands (RMI) based on the alleged treaty failure to implement Article VI of the NPT by the nuclear weapons states that are parties to the treaty, and by customary international law for India, Pakistan, Israel, and North Korea (having withdrawn from the treaty in 2003) that are not. Such litigation was grounded in the unanimous conclusion of the ICJ that good faith obligation to negotiate a nuclear disarmament arrangement that needed to be brought to a conclusion. In the 19 years since the Advisory Opinion there have been persuasive confirmations that the nuclear nine were not at all disposed to seek nuclear disarmament, making it highly reasonable for any non-nuclear party to the NPT to mount such a legal argument based on non-compliance, and indeed material breach of treat obligations.

 

And what country, other than Japan, had a greater moral and political entitlement to do so than the Marshall Islands? RMI lacks a legal entitlement due to Compact of Free Association, and that creates a certain awkwardness in putting forward the allegations of non-compliance with the disarmament obligations of Article VI as the real motivation arising from the legacy, harm, and memories of the nuclear testing cannot be relied upon it putting forward its legal arguments. In an important respect the past matters less than the future, and the only reason to invoke RMI vicitimization as a result of the testing is to create a stronger atmosphere of receptivity in the International Court of Justice in deliberating on the subtleties of the jurisdictional controversy and to pay a deserved homage to those from RMI who paid such heavy costs due to the harm inflicted by the tests.

 

This archipelago of 1156 islands and islets occupying 750,000 square miles of ocean space in the Pacific was taken over from Japan by the United States after World War II, and formally given the status of Trust Territory of the Pacific Islands (a political entity that included several other Pacific island groups) by the United Nations in 1947. The tiny population of 68,480 lives on 29 coral atolls. In a most dramatic betrayal of trust imaginable the United States used the Marshall Islands as the principal test site without consulting the indigenous population or seeking their consent. 67 atmospheric nuclear tests were conducted between 1946 and 1958. The largest was code named Castle Bravo and had an explosive magnitude of 15 megatons, which is 1000 times the force of the bomb was dropped on Hiroshima. As a result of this nuclear testing the people of the Marshall Islands have endured a variety of severe harms, ranging from forced evacuation and displacement, radiation sickness that continues to be prevalent, and environmental damage that appears to be permanent. There is a mechanism that has allowed Marshall Islanders to gain compensation from the United States for harm that can be persuasively attributed to the nuclear tests, but at the cost of waiving the pursuit of claims elsewhere as a result of the Compact of Free Association linking RMI to the United States. This mechanism continues to operate as a consequence of the fact that the effects of exposure to high doses of radiation may now result in cancer or genetic defects for many years.

 

The legal theory behind the case rests on the legal proposition that the Marshall Islands in common with all other parties to the NPT have a legal right to insist on compliance with Article VI. This provides RMI with a basis for arguing that a legal dispute exists with the nuclear weapons states emanating from this alleged treaty breach. RMI contends also as with every state in the world that if a nuclear war occurs, it would be severely harmed as the detrimental effects would be global, impacting upon the security and wellbeing of the Marshall Islands, and indeed of all peoples living on the planet. For the case to be accepted for adjudication by the ICJ a majority of the 15 judges must agree that a ‘legal dispute’ exists between the complaining state and the states accused of being in breach. The wheels of international justice turn slowly, if at all, and it remains to be determined, and I can only hope that the legal team representing the RMI will convince enough of these judges sitting in The Hague to clear this high jurisdictional hurdle. Only then can the court proceed to hear arguments and render a judgment on the merits. This litigation before the ICJ if it goes forward will result in ‘a decision,’ which unlike the 1996 Advisory Opinion is obligatory, and can in theory be enforced by the Security Council acting under Article 94. Any enforcement attempt along these lines could be vetoed by one of the five permanent members, and almost certainly would be. The NPT gives states that are parties the legal option to bring a legal dispute before the ICJ, and every state in the world, including the four nuclear powers that are not parties to the NPT are allegedly also subject to its authority by way of customary international law, which may seem a stretch given the jurisprudential conservatism of the ICJ in the past. The legal reasoning supportive of this extension of customary international law is based on the proposition that the NPT has been so widely adhered to and so fundamental to world order that it has become binding whether or not a country is a party, that it is ‘a lawmaking treaty’ on matters vital to the wellbeing of humanity and that it is obligatory for the entire community of states.

 

This line of argument raises a complex jurisprudential issue for the ICJ as the legal reasoning goes against the earlier consensus that an attribute of national sovereignty is the option to remain outside of an international legal framework, and even to dissent from it. From the development of progressive international law, this litigation presents a great opportunity for the ICJ to align itself with the authority of international law in the area of war and peace, as well as with respect to  global security and human wellbeing in the nuclear age.

 

The companion case filed by the Marshall Islands in a Federal District Court resulted in a dismissal on February 3, 2015 resting on the highly questionable notion that the alleged damage to the Marshall Islands was too speculative to qualify as a legal interest that a court of law should adjudicate, and that the issue raised was, in any event, precluded by judicial review as a result of the Political Question Doctrine (PQD), which has led past courts to dismiss international law claims bearing on national security and foreign policy.

 

Such dismissals invoked separation of powers reasoning and regressively ignores the relevance of international law to the lawfulness of foreign policy, which occurred in stages since the initial formulations of PQD in a period when recourse to war was not covered by international law. Unfortunately, PQD has been interpreted by American courts to mean that such issues are not for the courts to decide, but are matters of foreign policy that should be resolved within the exclusive domain of the executive branch. Accordingly, the judiciary should not venture an assessment of this kind of challenge to security policy even if formulated by reference to a treaty obligation, which the U.S. Constitution explicitly avows as ‘the supreme law of the land.’ This dismissal of the RMI initiative has been appealed to the Court of Appeals of the Ninth Circuit in San Francisco for review and decision. The continuing invocation of PQD in cases of this kind is to restrict severely the prerogatives of the citizenry to ensure that their elected representatives uphold international law and accept the applicability of a global rule of law when it comes to foreign policy.

 

Whatever the eventual outcome of these parallel judicial initiatives, the cases have already had a significant civil society impact, which has been galvanized by the law suits, acting to raise public awareness of their potential importance. The Nuclear Age Peace Foundation has played a central role in this undertaking in the realm of public education. It has taken the lead in fashioning a consortium of more than 90 civil society organizations supportive of the litigation, and through its websites it has tracked the progress of the cases through the courts in a manner that is both educative and energizing. Whether this litigation can ignite the sort of transnational collaboration between governments and civil society organization in the manner that proved so successful in generating support for an anti-personnel land mines treaty and for the International Criminal Court remains to be seen. Such a positive outcome for an anti-nuclear grassroots and moderate government coalition can only be conjectured at this point, but such a result would be no more surprising than establishing the ICC over the objections of the world’s leading geopolitical actors. 

 

These law suits have also brought much wider and overdue attention to the nuclear exploitation of the Marshall Islanders, as well as admiration for the willingness of this tiny stressed and subordinated polity to put forward such a controversial legal argument, especially considering that their own security and economic viability is so linked to the good will of the United States embodied in a paternalistic ‘compact’ (Compact of Free Association with the United States) that entered into force as the trust status was superseded in 1988 when the Marshall Island became “a presidential republic in free association with the United States.” In tangible terms this has meant that the United States has accepted responsibility for the defense and protection of the Marshall Islands and for granting a range of economic subsidies, and in exchange retains use of a missile test site on Kwajalein Atoll, undoubtedly a reminder of the years when the island group was the principal site for developing new generations of nuclear weaponry.

 

It is pathetic that it has taken so many decades to mount this very limited legal challenge to nuclearism and that the challenge is being made by this small and vulnerable republic while the rest of the governments throughout the world continue to sit on their hands while nuclearism remains essentially unchallenged. To remove all doubts as to its future expectations, the U.S. Government has budgeted $1 trillion over the next thirty years to keep its superior nuclear capabilities up to date so as to ensure its continuing dominance of the outer frontiers of nuclear security strategy. We can only at this stage be thankful to the RMI for embarking on these nuclear lawsuits, and wish that the judicial bodies given this great opportunity to apply international law in a manner directly related to the wellbeing, and indeed the survival, of humanity, will respond appropriately.

 

The Nuclear Challenge (8): 70 Years After Hiroshima and Nagasaki: Civil Society Activism on Behalf of Nuclear Zero

6 Sep

 

The Jeffersonian faith in the future of democracy rested on the cumulative impact of education on citizen participation encouraging a robust and vigilant civil society. The United States has developed a number of institutional paths to academic excellence, and can claim world leadership in crafting the modern university experience. At the same time, this type of excellence has become increasingly a disappointment from a Jeffersonian perspective, with the quality of American democracy declining in many respects since the earliest years of the republic despite several crossing several humane thresholds: including ending slavery, enfranchising women, and more recently, legally entrenching same sex marriage. Yet the role of money as linked to corporate power as well as the lavish funding of special interest lobbies has undermined the functioning of government and university education of, by, and for the people. There are several plausible explanations of this outcome that have nothing, or little to do, with the nature of the educational experience, yet I believe that our high schools and universities bear a significant responsibility for qualitative decline of democracy, which is also a result of education itself being relegated to a role of providing a skilled labor force for the neoliberal world economy that includes what I would label as ‘normative pacification.’

 

I would relate this contention to the tendency of most universities, with a few notable exceptions, to conceive of their primary role as one of imparting knowledge, by and large avoiding normative domains of ethics and citizenship. In the midst of the Vietnam War there was a brief period of epistemological revolt on the part of students on many college campuses that was carried out under the unifying banner of ‘relevance,’ which was a code word for what I would prefer to call engaged citizenship. This rallying cry for relevance translated into demands by students for participation in all aspects of their educational experience, and more broadly with respect to societal life. Underneath this call was an insistence on normative knowledge, how American society might be made more equitable and satisfying for all of its residents. Although the initial motivation for the student movement of the 1960s was the perceived imprudence and wrongfulness of the Vietnam War, unjustifiably endangering life and limb of young American males via the draft, the activist agenda was deeper and broader, being constructed around a proposed invigoration of democracy in the critical spirit of “as if people mattered.” The triple revolution (calls for universal controlled disarmament, reform of the Democratic Party, and university reform) proclaimed in the Port Huron founding document of Students for a Democratic Society in 1962 or the Mario Savio clarion call at Berkeley two years later on behalf of the Free Speech Movement to ”put your bodies upon the gears” of the machine that was destroying meaningful life were signifiers of this preoccupation with what needed to be done to make democracy work on the home front.

 

This student movement and its wider reverberations became increasingly threatening to mainstream American society, especially as it lengthened its agenda to accommodate an emergent militant feminism, glimmerings of LBGT movement, Black Panther radical anti-racism, and a grassroots cultural Spring featuring flower girls, psychedelic drugs, and rock music. Although these movements persisted, and realized many goals, there occurred a well-funded backlash orchestrated under the auspices of what Richard Nixon called ‘the silent majority,’ which itself seemed to derive from Jerry Falwell’s ‘moral majority.’ We should also not forget that the 1960s were a decade of political assassinations that were unwittingly very effecting in bursting the balloon of an incipient cultural revolution: John F. Kennedy (1963), Malcolm X (1965), Martin Luther King and Robert Kennedy (1968). It must also be acknowledged that the bright promise of this period also collapsed under its own weight, a series of internal contradictions dramatized by two grisly incidents in 1969: the Manson Family murders and a homicide committed by the Hells Angels in the course of an unruly Rolling Stone concert at the Altamonte Speedway. These occurrences, in particular, epitomized what middle America thought was ‘the new normal’ being brought about by those who were celebrating the 1960s as inaugurating a new era of permissivness.

 

An active and anxious political consciousness associated with the menace of nuclear war was an integral part of the early phases of the Cold War, highlighted by the Berlin crises climaxing in the Cuban Missile Crisis in 1962 that might well have produced a nuclear exchange had not cooler heads prevailed in Moscow and the most belligerent voices in Washington kept in check. The peace movement expressed its anti-nuclear mood by adopting the survival slogan “better red than dead.” Despite this display of biopolitical common sense, the operational code of the established order, at least in the West, mindlessly based its strategic doctrine and geopolitical activities on the opposite sentiment of “better dead than red,” privileging regime survival over human survival. Any doubt as to this morbid orientation was removed by building an elaborate underground shelter structure designed exclusively to enable the political leadership of the country to carry on the work of government in the aftermath of a nuclear attack even if American society was substantially destroyed—its people slaughtered, its cities reduced to rubble, and its smoke-filled skies saturated with intense radiation. School children were instructed in these years to duck beneath classroom desks, a pathetic gesture of official concern for protecting the wellbeing of the nation’s young people, which did more to call attention to their vulnerability than it did to offer them safety in the event of nuclear war.

 

Many of us who were old enough to assess this period of bipolar confrontation and mad doctrines of Mutual Assured Destruction (MAD) came haltingly to the conclusion that only the peoples of the world could emancipate the world from the militarists who were exerting almost total control over the governing process in the countries possessing nuclear warheads. It was this turn to civil society, accompanied by mobilizing efforts in an atmosphere of grassroots fear and apprehension, that produced a measure of political pushback that mounted principled challenges to the moral, political, and cultural postulates of nuclearism, challenges that could be met in the end only by the elimination of the weaponry.

 

Such anti-nuclear radicalism, although gaining many adherents throughout the world and a few surges of support, never threatened the nuclear weapons establishments around the world in any sustained way. What seemed more effective from a political perspective were liberal incremental initiatives that focused on the excesses of nuclearism such as first strike technology and doctrine and an unregulated arms race, and didn’t view it as realistic to question nuclearism itself. The ‘freeze movement’ that peaked in 1980 was a characteristic liberal effort to curtail the nuclear arms race without directly challenging the wisdom, morality, legality, and most of all the structure of belief and bureaucratic commitment to continuing to ground the security of the West on its reliance on nuclear weaponry. Societal support for such liberal initiatives ebbed and flowed, seemingly tracking the rise and fall of fears in the general public that nuclear warfare would occur as a consequence of Cold War geopolitics. This liberal orientation may have moderated the arms race and mitigated the risks of unintentional nuclear war, but it proved irrelevant, or worse, with respect to the existence and partial normalization of nuclear weaponry as the ultimate foundation of the global security system.

 

In many respects, the civil society focus shifted from activism to education, a process accelerated by the end of the Cold War, which induced a different set of concerns that can be comprehended as societal complacency or denial. Such attitudes gave rise to a new variety of false consciousness with respect to nuclear weapons, understating risks and ignoring opportunities. The immediate aftermath of the Cold War in the decade of 1990s provided the best geopolitical opening since Hiroshima for the elimination of nuclear weapons, but the leadership in nuclear weapons states saw no reason to depart from its nuclear comfort zone by engaging with a disarmament process. The absence of pressure from below meant that the nuclear status quo would not be significantly questioned despite the erosion of the deterrence rationale that had served as the principal justification for nuclearism put forward by the realist consensus throughout the entire Cold War.

 

Seeking out of deep resolve to fill this political and normative vacuum with respect to nuclear policy, which is itself a disturbing sign of the times, are a few largely educational efforts of which the Nuclear Age Peace Foundation and Lawyers Committee on Nuclear Policy are two of the longest lasting, most dedicated, and most respected. In my view, although strongly supportive of such an educational outreach, premised on the supreme sanity of the belief that only a world of zero nuclear weapons is morally and political sustainable, these organizations do not clearly enough draw a line separating the stabilizing managerial impulses underlying arms control and the maintenance of the nonproliferation regime from their proclaimed and genuine transformative raison d’ětre of nuclear disarmament. As a result the educational message conveyed is incomplete, and in my view, confusing. To some extent this ambiguity it understandable, and even commendable: nuclear disarmament is not currently on the political agenda in any meaningful sense, and so nudging the nuclear status quo may in certain respects reduce immediate risks (for example, moving away from hair trigger alert for strategic missile forces). From this angle, it makes a certain sense to exert a short-term policy influence by supportive arms control measures while reserving purely educational efforts to explaining the strong case for a world without nuclear weapons with or without an accompanying demilitarization of securitization and geopolitical interaction. What is left insufficiently explored is whether arms control/nonproliferation has the negative effect of sucking most of the energy away from more drastic repudiations of nuclearism.

 

There are two issues that relate to filling the educational gap created by the failure of universities to prepare students to be citizens in the nuclear age:

–first, the shift of the center of pedagogic gravity from academic institutions to civil society organizations, most notably the Nuclear Age Peace Foundation;

–secondly, to explore whether the path to nuclear disarmament can proceed in tandem with arms control and the nonproliferation regime, or that a choice must be made and explained as between these two approaches. I believe the long record since 1945 of incremental small steps forward combined with the structural rigidity of the nuclear establishment points in the direction of incompatibility. As counter-intuitive as it may sound, the most credible strategy for achieving a world without nuclear weapons requires, in my view, a renunciation of the logic of arms control and nonproliferation. And even a step further, the advocacy of nuclear disarmament must become joined at the hip with the recognition that global demilitarization and conventional disarmament are part of a retrofitted political package of unconditional anti-nuclearism.

 

 

 

 

The Nuclear Challenge 70 Years after Hiroshima and Nagasaki (7): Nuclear Civil Disobedience

4 Sep

 

In the years after World War II there was a widespread belief that rational minds would prevail, and that nuclear weapons would not be further developed, and their possession as well as their threat or use prohibited. The onset of the Cold War, the Soviet acquisition of the bomb, and the Eisenhower threat to use nuclear weapons if necessary to end the Korean War basically extinguished any real prospect of nuclear disarmament. Of course, the diplomacy of peace advocacy and of nuclear nonproliferation made it expedient to continue to affirm nuclear disarmament as a goal of foreign policy. And indeed up through the 1960s both Washington and Moscow tabled disarmament proposals with some fanfare, yet clearly lacked the political will to confront what had already become the powerful nuclear establishment that was a principal component of the military-industrial-complex that was so memorably depicted in Eisenhower’s still relevant Farewell Address.

 

It is against this background that it became increasingly clear that nuclear weapons would remain part of the geopolitical scene so long as their role was left to governments and normal statecraft. Before long all five permanent members of the UN Security Council opted for possession of nuclear weapons, which as a result seemed to connect great power status on a global level with entry into the nuclear club. Its expansion beyond this circle of World War II victors was more problematic as the further spread of the weaponry collided with the geopolitical priority of nonproliferation and with the oligopolistic mentality that was shared by the nuclear weapons states, and belied the central claim of the West that nuclear weapons were needed and effective in a deterrent posture, keeping the peace by discouraging attacks and provocative international initiatives. The strategic rationale for nuclear weaponry relied upon by the United States and Europe stressed the need to offset Soviet superiority in conventional weaponry and territorial access from their base in the Asian landmass.

 

Ever since the 1980s peace activists, especially those with deep religious convictions, have mounted civil society campaigns centered on the immorality of threatening or using nuclear weapons, and even on possessing and contemplating possible use. Those activists with the deepest convictions have repeatedly resorted to nonviolence civil disobedience, sometimes in provocative forms (spilling their own blood at nuclear facilities, damaging warheads, blocking trains carrying missiles), to communicate the depth of their opposition, and their own willingness to accept prison sentences to get their message better heard. I was deeply moved and influenced by the purity of several of the leading personalities who followed this line of thought and action, and participated in a supportive role by being an expert witness in several high profile legal cases. Among those I came to know through this contact, and particularly admired, were the Berrigan brothers, Daniel and Philip, Elizabeth McAlister, and James Douglass. They were and remain for me among the most charismatic and inspirational figures in my life experience, not only for their anti-nuclear clarity (accompanied by strong earlier stands against the Vietnam War and wider commitments of service to the poor), but for the ways they connected such strong spiritual identities with their daily life styles and citizen engagements that harmoniously fused religious values with deeply felt and reflected upon moral/political understanding of how to live in the world.

 

I was particularly drawn to the work and outlook of the Ground Zero Center for Nonviolent Protest founded by James and Shelley Douglass in Bangor, Washington and reaching out to many in the greater Seattle area with their uncompromising and sustained opposition to nuclearism, with a focus on so-called first-strike weapons. There worldview combined their embrace of pre-Constantine Christianity, the early pacifist Christian communities that were persecuted and yet adhered to their beliefs and practices, and Gandhi whose life, work, and thought established the radical transformative potentiality of militant nonviolence. I was impressed during my years of contact with the people of Ground Zero by their deep belief that the point of confrontation is always conversion to truth and right action, and not passing judgment as to evil. By virtue of such efforts they managed to generate widespread sympathy with their work, eventually persuading the formerly apolitical Archbishop of Seattle, Raymond Hunthausen, to join them in nonviolent civil disobedience and gaining the respect and even the support of some local prosecutors.

 

An important element in their dedicated lives was the strong belief in living up to the Nuremberg ethos, including respect for the UN Charter and for international law generally. It was my role to show that their beliefs in what I called ‘the Nuremberg obligation’ created a civic, if not a legal, duty to oppose within reasonable bounds policies and behavior by a government if it directly violated international law, and the more so, if the context involved warmaking. I also gave my opinion that it was reasonable for individuals to believe that all activities associated with nuclear weapons involved or were leading to the commission of the most severe of war crimes, and that these persons being prosecuted did so believe.

 

From a somewhat more secular point of view, Daniel Ellsberg, followed in these footsteps, taking a journey that has led him from the pinnacles of state power in Washington as a top level strategic advisor to his brave and precedent-setting decision to release the Pentagon Papers that divulged the secrets wrongly withheld from the American public, a shocking documentary record of the policies and conduct of the U.S. Government in relation to the Vietnam War.

I have known Ellsberg since we were both students at Harvard in the 1950s, and were originally at opposite ends of the political spectrum. Dan was a starstudent of Cold War strategy within the reigning realist paradigm and I was an obscure and alienated critic, but we managed to keep some contact in subsequent years, and I was one of those who Dan entrusted with the cache of top secret documents that constituted the Pentagon Papers, and was later called to testify before the Boston Grand Jury (convened to investigate the criminality of the release) and later as an expert in the criminal trial that the government started and lost with respect to Ellsberg and the NY Times.

 

Ellsberg also has worked while at the Pentagon on nuclear war plans, the secret of secrets, irresponsibly sharable over the years with such reckless military adventurers as Curtis LeMay and Dick Cheney, and their less extremist colleagues. It is a wonder that with this kind of incubated knowledge of the most deadly reality the human species has ever confronted, that species endangering catastrophes have not yet darkened the horizon.

 

Ellsberg’s perseverance with respect to nuclear weaponry has become iconic. Besides, lucidly lecturing throughout the world he has committed civil disobedience about 100 times, engaged in long vigils and fasts devoted to dramatizing the failures of the UN and U.S. Government to achieve nuclear disarmament. Most recently, at an event on August 7th observing the 70th anniversary of the nuclear attacks, Ellsberg joined with 50 other protesters in a ‘die-in,’ outside of Lawrence Livermore Labs where nuclear warheads have for decades being continuously developed to attain ever higher levels of annihilating perfection. It is worth observing that the Livermore Labs are located in Livermore, California, which is in the Bay Area, and that the large budget for work on weapons, often more than $1 billion is federally funded by Department of Energy, and the operation is carried on as a partnership between the University of California and several large corporations, an alliance suggestive of the bondings between the government, universities, and the private sector. Ellsberg’s words at Livermore deserve contemplating and heeding as best we can however we are situated:

 

“The killing at Hiroshima was mass murder.… In the target plans that I worked on, and ones I worked on in Russia, the smoke will go into the stratosphere as it did in Hiroshima by higher firestorm. But simultaneously, thousands of cities, with pillars of smoke, will join around the globe blotting out the sunlight sufficiently to kill harvests around the world, and condemn nearly the entire population of the world to death. It’s the Doomsday Machine, The End. We’ve known that, not at the time of the Cuban Missile Crisis, but for the last twenty-five years, and yet these threats go on; the threats go on. They are threats of ending nearly all life. It’s never a good day to die, but it is a good day to get arrested.”

 

It is a somber message, but an informed recognition of where we are as a nation, and what this portends for species vulnerability, but also what it means culturally when national security is unethically conflated with a latent threat to commit a massive genocide, even omnicide.

 

70 years after Hiroshima and Nagasaki it is lamentable that more than ever it is the voices in the wilderness that speak most clearly to those who are the global managers of security for the peoples of the world. We can be thankful for those who have put their bodies on the line in this unbroken tradition of anti-nuclear civil obedience. An aspect of the problem has followed from the fact that the media puts almost all of its weight on the side of the nuclear militarists, and refuses to give attention or space to those who for decades selflessly seek to awaken us from this lengthy, hazardous, and immoral ‘nuclear sleep.’