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Richard Falk
Richard Falk is an international law and international relations scholar who taught at Princeton University for forty years. Since 2002 he has lived in Santa Barbara, California, and taught at the local campus of the University of California in Global and International Studies and since 2005 chaired the Board of the Nuclear Age Peace Foundation. He initiated this blog partly in celebration of his 80th birthday.
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The Nuclear Challenge 70 Years after Hiroshima and Nagasaki (7): Nuclear Civil Disobedience
4 SepIn 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.’
Tags: civil disobedience, Daniel Berrigan, Daniel Ellsberg, deterrence, Eisenhower, James Doughlass, nuclear civil disobedience, Nuclear disarmament, nuclear weapons, Philip Berrigan