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Eco-Insurgency, Tribal Vision, and Ultra-Nationalist Geopolitics

31 Jul

In further critique of Michael Oren

 

I devoted my last post to an expression of support for the July 14th P5 + 1 agreement reached with Iran on its Nuclear Program, and coupled this with criticism of what the former Israel ambassador to the United States, Michael Oren, sets forth in his memoir, Ally, as the ideal form of special alliance relationship that exists and should exist between Israel and the U.S.. In this sequel, I explore the further implications of such a special relationship as a template for dangerous trends in political life at all levels of social organization. Oren reflects these trends, and his views and their implication deserve out attention. He has enjoyed an extremely successful life after surmounting serious childhood learning disabilities and a humble social background. He became a prize-winning historian, an elite IDF paratrooper and intelligence operative, a high-ranking civil servant, and a prominent diplomat, and most recently launched a further career as a politician, being elected to the Knesset in March. In addition to all these worldly achievements Oren appears to have had a long, satisfying marriage accompanied by a fulfilling family life, mostly spent in Israel.

 

With this background in mind, I find Michael Oren’s life experience to be at once impressive, worrisome, provocative, and overall, alien and emblematic of dangerous trends in politics. I compare my own background, not to claim a comparable stature, but to highlight how small differences in our social locations seem to have produced dramatic variation in life circumstances and outlook. We were both born as American Jews, and were later influenced by spending significant portions of our lives at Princeton University. Yet our experience diverges sharply when it comes to Princeton, Israel, America, Zionism and almost everything in between. It makes me wonder anew about the tenuous links between the subjectivity of consciousness and our perceptions of reality within what Habermas calls the ‘lifeworld.’

 

Let me start with Princeton, perhaps unfairly, because Oren seems to be so far from the reality I experienced over the course of forty years as to make me think that his ideological affinities with Israel and Zionism clouded his vision of the place to the point of extremity, if not absurdity. In Ally a single reference to me is inaccurate and inflammatory, and raises doubts about Oren’s credibility as an observer.

After calling “outrageous” the UN Human Rights Council inquiry into war crimes committed in the course of Israel’s attack of 2008-09 on Gaza Oren goes on to write in the same sentence that “..its special rapporteur on Palestine, Richard Falk, regularly compared Israelis to Nazis.” With this view of the HRC in mind Oren adds approvingly of George W. Bush being so “disgusted by its anti-Israel bias” that he withdrew the American representative from participation in the council. [references are to location 1069 of the Kindle Edition of Ally]. His reference to me is totally false, and maliciously misleading. On only a single occasion, well before serving as UN Special Rapporteur, lacking any connection with HRC, did I draw any connection between Israel and Nazi Germany, and then only in a very restricted reference to the disturbing similarities between the sort of collective punishment being inflicted on the people of Gaza with the forms of collective demonization relied upon by the Nazis. Not only was there no comparison of any sort while serving in the UN, even in my journalistic writing, there was never ‘regular’ assertions along the lines that

Oren irresponsibly alleges to show HRC bias. In fact, such language was never a part of the critical discourse directed at Israel in the HRC. Rather as the Goldstone Report elaborated in conservable detail, there existed a widely shared perception that Israel’s policies and practices in Gaza before, during, and after the Operation Cast Lead (the IDF name given the 2008-09 attack) amounted to

Crimes Against Humanity, a view that resurfaced again in 2015. The later contentions are to be found in the report of a new fact finding commission appointed by the HRC to examine Israeli military operation, code-named Protective Edge, a 51 day devastating military attack upon Gaza in July 2014. Oren makes his inflammatory reference to my views presumably to make readers believe, contrary to the true situation, that the HRC relies on a deeply flawed and overly critical attitude toward Israel, and its behavior.

 

Oren’s approach to Princeton is no more convincing, and clearly contradicts my experience. Oren writes that he found himself isolated at Princeton because his Zionist sympathies and support for Israel were so out of step with the prevailing attitudes. In the course of completing his graduate studies Oren found that his support for Israel “was scarcely popular at Princeton.” He doesn’t single out Princeton, but believes his experience was reflective of a more widespread national “mood on many American campuses [that] had turned against Israel and even against America.” [Loc. 567] He goes on, “I held firm but the academic atmosphere regarding Israel remained toxic.” [loc. 594] He even portrays himself as a victim of an anti-Israeli academic establishment, suggesting that his Zionist views exacted a high ‘professional’ cost: “Publisher after publisher rejected my books, precluding an academic career.” [loc. 638; later he alludes to his academic success, having his books appear under prestigious publishing imprints and find their way onto bestseller lists as indirect benefits of Israel’s victory in the 1967 War] At Princeton, and elsewhere, Oren holds that his support for Israel was responsible for leaving him “..often a lone voice in an increasingly one-sided harangue.” [loc. 622]

 

My impressions of Princeton are diametrically opposed. It was considered precarious on campus to voice any opinions that were out of step with support for Israel or that showed sympathy with the Palestinian struggle. Bernard Lewis was a hegemonic presence in Near Eastern Studies at Princeton, and used his influence to marginalize and banish Israeli critics from academic arenas, not only at Princeton, but throughout the world. Michael Walzer was the second most visible scholarly luminary at Princeton who was concerned with this subject-mater, and like Lewis, a stalwart supporter of Israel and an ardent proponent of the Zionist Project, and then after him there was Fouad Ajami, a prominent Lebanese-American intellectual who increasingly sided with Israel in its clash with Palestinian aspirations and later became associated with the Hoover Institutions and the most bellicose views on the Middle East. Not surprisingly, I experienced hostile and condescending treatment from Lewis and Walzer, and their departmental colleagues, on several occasions. There were few contrary voices on these issues at Princeton during my entire period at the university, and those few of us who held more critical positions toward Israel were the ones who during these felt sidelined at the university during the 1980s and 1990s. There were almost always Israeli military officers among the small group of doctoral students interested in international relations, and prominent pro-Israeli diplomats were frequent visitors. I had to get permission from the State Department to allow a PLO diplomat, Shafik al-Hout to speak as a guest in my seminar, and it was granted on condition that he not deliver a public

lecture. Even such a prominent Princeton graduate as Edward Said came to the university to speak in my classes, and never as an invited public speaker.

 

Many students from the Arab world in this period complained to me about this one-sided pro-Israeli atmosphere at Princeton, and in an effort to counter its presence a wealthy student from Morocco who had suffered from Orientalist pedagogy during his Princeton years took it upon himself to fund a parallel research center with the express purpose of giving students and scholars an alternative voice more open to a sympathetic treatment of issues on the policy agenda affecting Islam and Palestinian aspirations. Such an institutional initiative was a breadth of fresh air so far as the intellectual and political mood was concerned, diluting to some extent the pro-Zionist atmosphere that had dominated the university during my period as a faculty member.

 

Oren’s undisguised hostility to Edward Said’s Orientalism is a further revelation of his zealous hostility to all intellectual efforts to widen the conversation on Israel and Palestine. In a wildly overstated observation, Oren writes that “Said’s book became canonical in many Middle East Studies Departments, pressuring students and professors to prove that they were not Orientalists.” [loc. 576] To Oren, Said’s book was abhorrent because it alleged that the academic study of the Arab world was shaped by racist, imperialistic, and European ethnocratic assumptions of cultural superiority, and further that Said’s prime targets, such as Bernard Lewis, should be

discarded as purveyors of false consciousness. [Loc. 567, 576] In reaction to these supposed pro-Palestinian, anti-Israeli trends, Oren felt “compelled to stand my ground. I worked to expose Said’s Orientalism’s screed.” [Loc. 576] To describe Said’s seminal book as ‘a screed’ is polemical at best, and more likely an indication that Oren had never bothered to read Said’s careful exploration of his hypotheses by literary and cultural analysis. After so much fire and brimstone, Oren’s main refutation of Said seems to be his rather trivial contention that the earliest Middle Eastern scholarship was the work of scholars from Germany and Hungary, “neither of whom colonized the region.” [Loc. 585] This strikes me as a silly argument, considering that both countries were firmly in the Western camp, and shared an Orientalist worldview. But no matter, as Oren professed purpose is to deflect to the extent possible criticisms of Israel. Oren does make some perfunctory remarks acknowledging that Israel’s dispossession of Palestinians in 1948 and establishment of settlements after 1967 might have something to do with growing criticism of Israel. This is mere window dressing as Oren makes it clear that whatever wrongs Israel might commit is beside the point, and a diversion from his us or them worldview: “The terrorists, together with their Arab and Iranian state supporters, would still try to massacre us even if every settlement were removed.” [Loc. 588] This kind of declamation exposes the raw tissue of Oren’s beliefs—that hostility toward Israel is at bottom anti-Semitism and premised on an absolute Arab rejection of Israel’s right to exist in Palestine as a Jewish state. This is a convenient and opportunistic standpoint, trivializing criticism of Israel, which should always deserves support as the sole Western style democracy in the entire region. Oren indirectly inverts the argument of Orientalism, claiming that hostility to Israel is based on ethnocratic criteria rather than being a reaction to Israel’s violation of fundamental Palestinian rights, which serve the Arab world as a respectable rationalization for hatred of Jews.

 

Oren grew up in a Catholic neighborhood in West Orange, New Jersey where he experienced daily bullying because he was a Jew. This early contact with anti-Semitism was combined with a strong Jewish involvement based on family, community, and synagogue, giving Oren, while growing up, an attachment to Zionism and Israel as a sanctuary for diaspora Jews. He became a Zionist youth activist, departing for Israel at a young age, and never looked back. He combined ardent participation in all things Israeli while maintaining a strong attachment to America. It is not surprising that Oren developed the state of mind of a dual citizen. He movingly describes the day that he was compelled to renounce his American citizenship so that he could become the official representative of Israel in the United States. This act of choice caused anguish for Oren as it violated the reality of his depth experience of dual identity that never dissipated regardless of the legal niceties.

 

It is very tempting to compare my childhood and adult life with that of Oren, and reflect upon the starkness of the differences. I lived in Manhattan as a child in a middle class neighborhood dominated by Jews, and attended a private school that was almost deserted on Jewish holidays, which were totally ignored on the secular homefront. At the same time my immediate societal environs were sufficiently assimilationist so as to make it seem natural to observe Christmas by singing Handel’s ‘Messiah’ and decorating a Christmas tree. My parents, although both Jewish, were completely post-ethnic in temperament and behavior, as well as post-religious in their beliefs. Already as an adolescent I challenged their secular humanist leanings by becoming interested in religion, and later explored several religious traditions. This inclination toward an embrace of religion may have resulted from the fact that as a child I was cared for by a young Irish immigrant who was a devout Catholic, and took me with her frequently to attend mass at a nearby church, which I found satisfying despite the mysteries of Latin Rite being lost on me. This early exposure to religion has led a non-denominational spirituality throughout my life, but left me without much attraction for institutional affiliations with organized religions.

 

Also, the rise of Nazism did not impact strongly on my experience during childhood. I had no known relative that was ever in a concentration camp, and the Holocaust seemed horrible, but something that happened in Europe, which seemed distant and remote to in those years. From the age of seven I was raised by my father as a single parent. He was a conservative, strongly anti-Communist lawyer and historian who managed in his spare time to write a couple of widely read books about the rise of Japanese sea power. My father, a tender and loving man in concrete relationships, lacked public empathy. He deeply disliked FDR’s New Deal, accepted the judicial logic of strict constitutionalism, and wrote a book attacking Roosevelt’s plan to circumvent the Supreme Court by enlarging the number of judges through appointment of individuals who would uphold his policies. These parental politics, and my status as a de facto only child, led me to interact with prominent people in several fields as an adolescent, but also to drift inconsequentially in search of an authentic identity. Israel and Zionism were completely remote from this search. I learned from my father that what mattered was national identity, not the sort of tribal reality that Oren acknowledges as an essential part of his experience of being Jewish. As I matured, and decided on the study of law without have clear career goals, my orientation became increasingly anti-vocational. From this standpoint, I hoped to practice ‘international law’ or find something to do that had nothing to do with being a ‘real’ lawyer. With such an outlook, I ended up focusing on international law and law in India while still a law student, and due to a series of coincidences, was hired upon graduation on an emergency basis (substituting for a faculty member who had suddenly fallen ill) to teach some courses for the year at the College of Law at Ohio State University. I ended up spending five years on the campus in Columbus, almost immediately discovering that academic life was congenial, providing me with autonomy and interesting friends at the very beginning of a professional career.

 

It was in this period that I began to develop a political identity. While still a law student, I had instinctively opposed McCarthyism, and was surprised that my classmates at the supposedly very liberal Yale Law School were generally unwilling to sign a petition opposing blacklisting of so-called ‘Fifth Amendment Communists’ for fear that it would hurt their job prospects. At Ohio State I became involved as a non-tenured faculty member in litigation against several members of the Board of Trustees alleging that as they were owners of off-campus student housing that unconstitutionally discriminated against African American student renters they were personally responsible for violation of rights. Although a favorable settlement of the case was a source of satisfaction, what turned out to be more influential for my political development in this period was interaction with progressive graduate students at Ohio State. And even more so was an afternoon in the university library where I started reading by accident of the French defeat in their war to retain colonial control over Indochina. I was so persuaded that afternoon by Owen Lattimore’s critique of the French colonial enterprise that it led me to became an early opponent of the Vietnam War adopting the realist premise that if the French failed, so would the United States fail, and at great cost to itself, and to its wider alignments and interests. My opposition at that time was framed by reference to arguments about international law and realist assessments of costs and benefits.

A decade later, in 1968, I accepted an invitation to visit North Vietnam as both a peace activist and academic expert on the international law aspects of the war. During this visit, relating again to this contrast with Oren, I found myself identifying with the vulnerability of the Vietnamese peasantry in response to the high-techology warfare being waged by the United States against their country, people, and nationalist aspirations. I shifted emphases from being an opponent of the U.S. intervention in Vietnam to becoming a supporter of Vietnam’s struggle for self-determination.

 

It became a normative preoccupation rather than a realist stance, the latter being much more respected within the Princeton environment, especially among the faculty. In the course of this political development, I had never experienced any tribalist longings to affirm my Jewish identity, and now I found myself at odds with my government, beginning to feel more comfortable with an affirmation of human identity than with the national identity derived mechanically from my American birth and citizenship, and the dynamics of socialization beneath an American flag. Long before I encountered the words of Vincent Harding, I resonated to the sentiment he movingly articulated: “I am a citizen of a country that does not yet exist.” Derrida, I believe, was pointing to a similar reality when he wrote and spoke of ‘a democracy to come,’ that is, a democracy not yet existing, and not even clearly envisioned beyond some humanistic values that constituted a political community with no spatial boundaries. I have never doubted the primacy of this human identity in my political consciousness, although I find that remaining dedicated to the better realization of national identity through the fulfillment of America’s promise and potential both compatible, and in a sense intertwined. I have at times envied some forms of tribal identity, especially if not enacted at the expense of others, but it never resonated existentially. I believe the interplay of tensions between tribal, national, and human identities in our life experiences goes a long way toward explaining why I see the world so differently than Oren.

 

Perhaps, another take on these differences, would emphasize forms of empathy that are chosen by each of us. Clearly, Oren has strong empathy when it comes to family, clan, tribe, and nation, but less so, or not visibly at all, when it comes to the human species (putting aside how becoming fully human means extending empathy to animals and even plants). I found surprising that Oren approvingly quotes Atticus, the wise lawyer hero of Harper Lee’s To Kill a Mockingbird, as saying, “You never really understand a person until you consider things from his point of view.” [Loc. 2222] In his text, I find no effort to achieve such understandings as when he deals with Palestinian militancy or Edward Said’s attack on Orientalism. It is this failure of comprehending the other that makes it accurate to brand Oren, however well educated, as primarily a tribalist and nationalist when it comes to politics, while being a very dedicated husband, father, and friend when focusing on the realm of personal relations.

 

For myself, I raise the historical and humanist question as to whether species survival is increasingly at risk because of the lethal rivalries produced by tribal and national agendas as reinforced by ever more sophisticated technologies of destruction and control. Thinking hopefully, the Anthropocene Age may soon witness the first species insurgency against the eco-tyrannical elites of the world, who have become the suicidal guardians of our neoliberal market forces joined in an unbreakable alliance with dominant forces of tribalism and nationalism. In moments of despair, the end-time hegemony of this unbreakable alliance are likely to retain control of species destiny, perhaps justifying their techno-violence and paralyzing surveillance by imagined struggles with ISIS-like forces, given mass credibility by a compliant, fear-mongering media. In effect, if we care about future generations and the wellbeing of the species and its natural surroundings, we must begin to think, feel, and act like an eco-insurgent.

Alliance Blackmail: Israel’s Opposition to the Iran Nuclear Agreement

26 Jul

 

The Vienna Agreement [formally labeled by diplospeak as the Joint Comprehensive Plan of Action (JCPOA)] reached by the P5 + 1 on July 14, 2015 has been aptly hailed as a political breakthrough, not only because it calms regional worries about Iran’s nuclear program, but more so because it has the potential to remove an ugly dimension of conflict from the regional turmoil in the Middle East. Such a diplomatic success, after so many years of frustration, chaos, and strife, should be an occasion for hope and celebration, and in many venues it is, although not in Israel or Saudi Arabia or among the neo-con kingpins in Washington think tanks and their numerous Republican allies in the U.S. Congress.

 

Which side will prevail in this dysfunctional encounter is presently obscure, which itself is an indication of the dismal conditions of political life in America. Many unanswered and unanswerable questions bedevil the process: Will this agreement limiting Iran’s nuclear program be approved, and then implemented, or will it be blocked or unacceptably revised before coming into operation, or later on? Will Iran become associated more openly with Western attempts to defeat ISIS and in the desperate need to bring peace and humane governance to Syria where the people of the country have endured such severe suffering since 2011? Will these developments allow Iran to be treated as a normal state within regional and global political settings, and if this reduced atmosphere of external tension occurs will it also have moderating impacts on the internal governing process in Iran? Or will Israel and its allies succeed in keeping Iran in ‘a terrorist cage’ reserved for pariah states, and continue to insist upon a military option to wage war against Iran? Will Israel receive ‘compensation’ in the form of enhanced military assistance from the United States to demonstrate Washington’s unwavering commitment to the alliance? Will Israel’s secretly acquired nuclear weapons capability be called into question in an effort to achieve denuclearization, which is more consistent with peace and morality than calling into question Iran’s threat of nuclear proliferation? Further afield, will this gap between the American/European and Israeli/Gulf approach lead over time to new geopolitical alignments that broaden beyond policy toward Iran’s nuclear program?

 

At the core these many concerns, is the nature and health of the United States/Israel relationship, and more broadly the appalling balance of forces that controls political life from the governmental hub in Washington. The alliance bonding between the two countries have been called ‘unconditional’ and even ‘eternal’ by Obama, words echoed by every American public figure with any credible mainstream political ambitions, currently including even the supposed radical presidential aspirant, Bernie Sanders. And yet that is not nearly good enough for AIPAC and the Adelson-led legions pro-Israeli fanatics, which periodically lambaste this strongly pro-Israeli president for alleged betrayals of Israel’s most vital security interests, and generally take derisive issue with the slightest sign of accommodationist diplomacy in the region.

The most illuminating discussion of these issues from Tel Aviv’s perspective is undoubtedly the recently published memoir of Israel’s American born ambassador to the United States, Michael B. Oren, who served in this key role during the period 2009-2013. Oren was elected to the Knesset earlier this year representing, Kulanu, a small centrist Israeli party focused on economic and social reform. Oren’s bestselling book, Ally: Managing the America/Israel Divide (Random House, 2015) succeeds in combining an intelligent insider’s account of the strained relations between the Netanyahu government and the Obama presidency with frequent vain and self-aggrandizing autobiographical reflections in the spirit of ‘Look Ma, I am dancing with the Queen,’ reinforced by analysis that justifies every aspect of Israel’s extreme right-wing and militarist approaches to security policy and diplomacy. To understand better the Israeli worldview that mixes genuine fears of its enemies with arrogant behavior toward its friends there is no more instructive book.

 

An American–born Jew, Oren conceived of himself both as a product of and an emissary to the Jewish diaspora in the United States, diplomat discharging his conventional government-to-government diplomatic role. Above all, Oren during his tenure in office (2009-2013) apparently did his best to keep political tensions between these two countries and their personally uncongenial leaders below the surface while unreservedly supporting the public claim that this special alliance relationship serves the interests and values of both countries. Oren ends his book with a dramatic assertion of this overlap: “Two countries, one dream.” Perhaps even more disturbing than the rationalization of all that is Zionist and Israeli throughout the book is the seeming sincerity of Oren’s sustained advocacy. A bit of cynicism here and there might have made Oren less of a self-anointed Manchurian candidate.

 

Given this posture of dedicated advocate, it is hardly surprising that Oren is a harsh opponent of those liberal groups that question AIPAC’s constructive influence on American policy debates or that he views initiatives critical of Israel, such as the Goldstone Report or the BDS campaign, as dangerous, disreputable, and damaging threats to Israel’s security and wellbeing. Even J-Street, harmless as it has turned out to be, was viewed as an anathema to Oren who turned down its invitations and regarded it as somehow exhibiting a leftist posture toward Israel. Only later when it became domesticated by denouncing the Goldstone Report and generally supportive of Israel’s use of force against Gaza did Oren feel it had joined what he calls ‘the mainstream’ of Beltway politics, which in his slanted vision is where he situates AIPAC and the U.S. Congress. Quite incredibly, even Martin Indyk, early in his career an AIPAC researcher and more recently the American ambassador to Israel, was viewed as a poor appointment as Special Envoy to the Kerry peace talks of 2013-2014 because he did not have a cordial enough relationship with Netanyahu. From my perspective, it was also a poor appointment, but for opposite reasons–an in-your-face display of pro-Israeli partisanship that undermined any credibility the United States claimed as a responsible intermediary at the resumed negotiations between Israel and the Palestinian Authority.

 

Central to Oren’s presentation of Israeli behavior is the one-way street that he treats as embedded in the word ‘ally,’ which for Oren expresses the peculiar and generally unacknowledged character of this ‘special relationship.’ It is well illustrated by Oren’s support for Israel’s effort led with undisguised bluntness by Netanyahu to undermine Obama capacity to negotiate a nuclear arrangement with Iran despite JCPOA being strongly endorsed as in the national interest of the United States, but also of France, United Kingdom, China, Russia, and Germany. The agreement also seems beneficial for the Middle East as a whole and indeed for the world. Such an encompassing consensus endorsing the elaborate arrangement negotiated was exhibited in a resolution of support adopted by the UN Security Council [SC Resolution 2231, 20 July 2015] by an unusual unanimous vote. Oren still complains bitterly that Israel’s rejectionist views toward an agreement with Iran were in the end circumvented, at least so far. At one point Oren even suggests that Israel was better off when the inflammatory Mahmoud Ahmadinejad was Iran’s president rather than the more measured Hassan Rouhani. In his view, Iran remains just as aggressively disposed toward Israel despite the more moderate language of the present leadership, but that the West has been falsely reassured to the point of being willing to ease gradually the sanctions previously imposed in this latest diplomatic initiative, thereby raising the level of threat faced by Israel and accounting for Netanyahu’s frantic opposition to the agreement.

 

In the end, despite siding with Israel at every turn with respect to tension with the U.S. Government, Oren recognizes that Obama has been on balance been a faithful ally. Although indicting the Obama presidency the United States for being a disloyal ‘ally’ when the Iran chips were on the diplomatic table. It is not presently clear whether Netanyahu’s insistence that the nuclear deal (JCPOA) is ‘a historic mistake’ will overcome rationality and self-interest in the American setting either in the immediate future of approving the (non-treaty) agreement, or over a longer period should the United States have the misfortune of electing a Republican president in 2016 who are presently stumbling over one another in their competition to denounce more decisively.

 

More generally, Oren outrageously proposes that this alliance between Israel and the United States, to live up to its potential, should have three dimensions that would make it unlike all others: ‘no daylight’ on common concerns, that is, no policy differences; ‘no suprises,’ that is, advance notification to the other government of any international policy initiatives bearing on the Middle East; and never a public display of disagreements when policy differences between the two governments emerge as happened with Iran. The justifications given by Oren emphasize the usual litany of two states sharing commitments to political democracy, anti-terrorism, and having common regional strategic and security goals.

 

What seems superficially astounding is that the world’s number one state seems frightened to step on the smallest Israeli toe, while Israel is ready to do whatever it needs to do to get its way on policy issues in the event of a dispute with its supposedly more powerful partner. After negotiating a far tougher deal (on enriched uranium and intrusive inspections) with Iran than the realities warrant, at least partly out of deference to Israeli concerns, Washington still feels it appropriate and apparently necessary to indicate a readiness to provide ‘compensation,’ that is, enlarged contributions beyond the current $3.1 billion, offers of weapons systems designed to bolster further Israel QME (Qualitative Military Edge) in the Middle East. The White House additionally sends its recently appointed Secretary of Defense, Ashton Carter, to Israel with hat in hand, evidently to reassure the Israeli leadership that nothing about the agreement is inconsistent with continuing support of Israel’s right to defend itself as it sees fit, which appears to be a writ of permission in violation of the UN Charter and international law by granting Israel assurance in advance of U.S. support should it at some future point launch an attack on Iran. It should be noted that no state in the world enjoys such inappropriate benefits from an alliance with the United States. The whole dubious logic of QME implies a continuing willingness to put Israeli security permanently on an unlawful pedestal in the region that places other states in a subordinate position that makes them susceptible to Israeli military threats and hegemonic demands. It is tantamount to providing Israel with assured capabilities to win any war, whatever the pretext, that should emerge in the future, and also means that Israel is the only state in the Middle East not deterred by concerns about retaliation by an adversary. For years Israel has been threatening Iran with a military attack in flagrant violation of Article 2(4) that unconditionally prohibits “any threat or use of force” except in situations of self-defense as strictly limited by Article 51.

 

Oren, of course, sees things much differently. He repeats without pausing to entertain the slightest doubt, that Israeli is the only democracy in the Middle East and joined at the hip to American foreign policy as a result of these shared interests and values. He insists that the UN is biased against Israel, and is thankful for American blanket opposition to all hostile initiatives, whether justified or not, that arise within the Organization. For Oren UN bias is clearly evident in the greater attention given to Israel’s alleged wrongs than those of much bloodier international situations and worse violators. He also faults Obama, as compared to George W. Bush, for being a weak ally, too ready to please the Palestinians and indeed the entire Islamic world, and supposedly causing an unspecified ‘tectonic shift’ in the alliance with Israel during his presidency. In this regard, the Iran Agreement is the last straw for Oren, and the most damaging example of a departure from the alleged alliance code of no daylight and no surprises (epitomized by recourse to secret diplomacy between Washington and Tehran that left Tel Aviv out of the loop for several months leading up to the agreement). Of course, Oren is unapologetic about Israel’s obstructionist behavior. He treats Netanyahu’s conception of Israel’s security as essentially correct, if at times unnecessarily confrontational. He believes that in this instance Israel’s worries are sufficiently vital and well-founded as to deserve putting aside diplomatic niceties. This was the case when the Israeli leader was invited by the Republican leadership in Congress to speak on Iran at a special joint session convened for this purpose in early 2015 without even informing the White House in advance of the invitation, a violation of political protocol.

 

Deconstructing the Oren view of alliance politics makes it clear that its operational code would be better observed if the Congress and not the President represented the United States in matters of foreign policy. Netanyahu and a majority of the U.S. Congress do seem to see eye to eye, including of course on whether the Iran Nuclear Agreement, as negotiated, should be approved. Across the board of foreign policy in the Middle East, Netanyahu and Congress are bellicose, inclined toward military solutions despite the dismal record of failure, and inclined to decide about friends and enemies on the basis of geopolitical alignment and religious orientation without the slightest concern about whether or not supportive of democracy, human rights, and decency.

 

Should a Republican with these views be elected president in 2016, then Oren’s dream of the alliance as based on ‘no daylight, no surprises, and no public discord’ would likely come true, illustrating the proposition that one person’s dream is another person’s nightmare. More carefully considered, it would seem probable that if Hilary Clinton gets the keys to the White House her approach to Israel will be closer to that of Congress than that of Obama even recalling that Obama backed away quickly from his early demand that Israel freeze settlement expansion and has significantly increased military assistance for Israel without exhibiting much concern about peace and justice in the region, or with regard to the Palestinian ordeal. U.S. response to the Sisi coup in Egypt is indicative of a strategic convergence of approach by the Obama White House and Netanyahu’s Likud led government.

 

Two realities are present as surfacing in response to the Iran Nuclear Agreement (JCPOA):

-the presidency is on one side (along with Clinton) and Congress/Israel is on the other side;

–yet more broadly conceived, the alliance remains as unconditional and bipartisan as ever, defiant toward the UN and the constraints of international law whenever expedient.

 

A final point. JCPOA imposes more restrictions on Iranian enrichment capabilities and stockpiles, and on inspection and monitoring of compliance, than has been imposed on any country in the course of the entire nuclear era. Its regional justifications, aside from Israeli security, emphasize the avoidance of a nuclear arms race in the Middle East involving Saudi Arabia, Egypt, and Turkey. And left out of consideration altogether was the nuclear weapons arsenal of Israel acquired with Western complicity and by covert means, as well as through operations outside the Nonproliferation Treaty regime, which is used to tie Iran’s hands and feet. Such are the maneuvers of geopolitics, that underpin the alliance so strongly celebrated by Michael Oren.

 

 

 

 

 

Is the Middle East America’s to Lose?

14 Jun

 

I was appalled by the embedded colonialism of a recent issue of The Economist [June 6-12, 2015], boldly proclaiming its mood of geopolitical angst on its cover titling its featured story “Losing the Middle East.” Any glimmer of doubt about the intent of the magazine’s editors is removed by displaying a somewhat bedraggled American flag on the cover accompanied by the sub-title “Why American must not abandon the region.” The rationale offered for this political imperative within this most revered journal of intelligent establishment guidance strikes me as even more appalling than this provocative packaging giving the plot away before we even begin reading the story.

 

What The Economist Proposes

 

The argument set forth rests on the colonialist assumption that the Middle East is America’s to lose, although not quite, as the lead editorial ends with an enigmatic distinction: “The idea has taken root that America no longer has what it takes to run the Middle East. That it ever could was an illusion. But America has a vital part to play. If it continues to stand back, everyone will be worse of—including the Americans.” We are never told whether the catchall ‘everyone’ includes the people of the region, and whether they even matter in the calculations of this organ of elite opinion primarily concerned with the wellbeing of the West, which is linked seamlessly to the operations of the neoliberal world economy. The strong implication of this lead editorial, never adequately explained, is that America should intervene more throughout the Middle East to reverse, or at least contain, present disruptive trends. Why this is so is never really explored beyond the misleading supposition that American military capabilities can improve the situation if brought more directly to bear and without explaining why, insisting that existing alignments with political actors in the region, regardless of their character, should be reinforced and strengthened.

 

The pragmatic side of what The Economist seems to be proposing is two-fold:First, a militarist prescription for the pursuit of America’s regional interests, which are identified as counter-terrorism, oil, and preventing nuclear proliferation; secondly, a willingness to accept contradictions in protecting these interests, such as siding with Iran against IS [Islamic State] in Iran and opposing Iran in Syria. It is within this framing that “[t]he Middle East desperately needs a new, invigorated engagement from America. That would not only be within America’s power, it would also be in America’s interest.” Its central critique is that President Obama’s policy is too weak and wavering to be effective, which is clarified by the insistence that “[h]e must be ready to use force. Mr. Obama’s taboo about deploying American soldiers against IS in Iraq has led to a self-defeating shortage of special forces to guide air strikes to their targets.” In their view, Obama’s approach has created a ‘vacuum’ that has “exacerbated the strife and disorder.” The fuller story in the body of the magazine also welcomes the prospect that either Hilary Clinton or any of the Republican presidential hopefuls seem determined to be far readier than Obama to intervene forcibly throughout the region.

 

Behind this scathing criticism of Obama is the evident belief that America’s geopolitical muscle if applied with skill, militarily and diplomatically, could have lessened the chaos and violence that now pervades the region. Such an argument seems deeply flawed. To begin with, it is hardly accurate to portray Obama as standing aloof from the struggles going on in the Middle East. It is actively militarily engaged against IS and Syria and is in the process of becoming militarily reengaged in Iraq at the present time. It was a strong advocate of the regime changing NATO intervention against Qaddafi’s dictatorial rule in Libya, and it has quietly gone along with the counter-revolutionary shift in Egypt that destroyed the hopes of humane governance, at least temporarily, that surfaced with such excitement in early 2011 throughout the region. My own view is that this degree of American military and diplomatic engagement brought more, not less, chaos to the Middle East. And now, as if to take the critique of The Economist immediately to heart the U.S. Government has announced plans to pre-position heavy weaponry and military personnel in several points in the region so as to be in a better position to intervene rapidly should further crises emerge.

 

Criticizing the Obama Approach

 

In my view, the burden of persuasion should always be upon those who favor greater reliance on military force whether in the Middle East or elsewhere. Without acknowledging any inconsistency, The Economist concedes that the Bush invasion of 2003 and subsequent occupation of Iraq was a disaster, illustrative of imprudently intervening in a massive fashion. As every major effort at intervention by the United States has revealed, upping the ante by intervening a bit more, is a slippery slope that has eventually led to defeat after defeat, most vividly evident in the trajectory and outcome of the Vietnam War. This unquestioning militarization of the political imagination, which is what comes through in this sharp criticism of Obama’s approach, does not even pause to consider the benefits of allowing the dynamics of self-determination to control political outcomes in the 21st century.

 

An unlearned lesson of geopolitics in the post-colonial world is that the power balance has decisively shifted as between intervention by the West and national forces of resistance. These forces have learned to be more effective in their combat tactics, but above all, have come to understand that time is on their side, that a foreign intervener will give up the quest at some point implicitly acknowledging that military dominance is not able to impose a political outcome at acceptable costs. This is not just a matter of democratic societies becoming impatient in the face of a drawn out distant wars with questionable justifications, which causes death and injury to its young citizens, but the deeper realization that the post-colonial politics of resistance over time subverts the will and morale of the intervener. This happened as clearly to the Soviet Union in Afghanistan as it did to the United States in Vietnam, or later in Afghanistan and Iraq, and is more of a reflection of the structure of shifting power relations than of a weakening of ideological resolve.

 

The central metaphor of ‘losing the Middle East’ presupposes that it was America’s to lose rather than an acknowledgement of the empowerment of the peoples of the region and their governments with respect to the control of national and regional destinies. The metaphor of winning and losing is a colonialist framing of geopolitics that amorally vindicates hegemonic ambitions, especially the virtues of Western control. It gives priority to Western interests in a non-Western geographic domain, and pretends that such an orientation conveniently also happens to be an expression of fidelity to Western values, including democracy and human rights, and of benefit to the affected societies. No where in the extensive article are doubts raised about the unconditionality of support for Saudi Arabia and the other Gulf monarchies that oppress their populations and subject women to humiliating social constraints or to Israel that has dispossessed most Palestinians from their own homeland, and held the rest captive.

 

The Economist has the temerity to couple its sharp criticism of Obama’s allegedly soft diplomacy by anticipating what is misleadingly described as a “return to the center” that is expected to occur after the U.S. presidential elections in 2016: “The next American president may well be warmer towards Israel, and more willing to turn a blind eye to new settlements in the occupied territories. He or she might do more to reassure Gulf monarchies and speak more sternly to Iran.” What a strange set of hopeful expectations! Obama turned a pretty blind eye to Israeli settlement expansion during the last several years, even instructing his representatives to vote in isolation to shield Israel from UN censure over settlement expansion. His administration has also gone along with the basic approach of the Gulf monarchies, although timidly voicing some recent doubts about the wisdom of respected Saudi air strikes directed against the Houthis in Yemen.

 

And it is astonishing to note that the Obama presidency is situated by The Economist in the political spectrum as left of center? The idea of returning to the center implies that American regional policy these last six years had somehow veered toward the left. And therefore, for me what The Economist calls the center would more accurately be described as the right, or even the hard right. In most respects, including policy toward Iran, Iraq, and Israel, Obama’s essential approach has been to sustain continuity with the policies of the George W. Bush presidency. There was the same willingness to threaten Iran with a military attack if seen to be crossing the nuclear threshold, a similar stance toward supporting the Shia governing process in Iraq, and the same endorsement of Israel’s defiance of international law, as well as insulating its nuclear weapons capability from even a whispered challenge.

 

There are more fundamental deficiencies in this analysis by The Economist of what has gone wrong in the region and what to do about it. There is a seemingly blind eye toward the relevance of the history of Western responsibilities for the unfolding political ordeal that is being enacted throughout the Middle East. This perspective overlooks such defining antecedents as the playing out of British and French overt colonial ambitions in the aftermath of World War I and of the statist goals of the Zionist Movement as abetted by British policies during its period of mandate administration. Imposing arbitrary boundaries on the region by Europe meant establishing unnatural political communities that could be held together (or broken apart) only by violence from above (or below). In a revealing respect Lebanon is a poster child of this era of Sykes-Picot diplomacy, having been carved out of Ottoman Syria to satisfy France’s egocentric craving at the time for a colonial possession in the region with a Christian majority.

 

The Economist’s policy prescriptions are also notable for their failure even to mention international law or the United Nation. These normative sources of authority and constraint are evidently seen as of utterly no concern to the geopolitical optic through which the magazine’s august editors perceive policy options for the region. But if China were to assess its approach to the sovereignty disputes involving the Spratly Islands with the same cavalier attitudes toward the relevance of normative authority, the West would be up in arms, persuasively contending that such behavior is dangerously destructive of a moderate political order in the Pacific.

 

The Old Geopolitics versus the New Geopolitics

 

Even when it comes to the pragmatic level of analysis, I find that The Economist’s sense of editorial guidance is woefully shortsighted. Let’s accept their focus on terrorism, oil, and nuclear proliferation even accepting as accurate their portrayal of American interests. Surely, the best way to combat jihadism is a measured withdrawal from the region. As for oil, the Arab producers in the region have shown through the years that their policies are market-driven with scant attention to ideology as shown by their readiness to throw the Palestinians under the bus. Most persuasive of all, nuclear proliferation would be best prevented by establishing a nuclear free zone in the Middle East, which all governments except Israel favor, and have done so for several years. In other words, the idea of trying to fill the so-called vacuum following the European retreat, which began during World War II and was consummated by the 1956 Suez War, with American military power and diplomatic muscle epitomizes the ‘old geopolitics’ of Western hegemony rather than relying on a potential ‘new geopolitics’ of self-determination.

 

There is, of course, little assurance that the outcome of the interplay of domestic and regional forces in the Middle East will be ethically satisfying or politically stable, but there is at least some likelihood that going with the post-colonial historical flow will produce better results than further reliance on the United States to continue battling the strong currents of nationalism. This clarion call for enhanced trust in the nostalgic imaginary of the old geopolitics seems historically tone deaf. It represents a reliance on the old geopolitics of militarism that should have been discredited long ago by its record of failure and its incredibly high opportunity costs. At the very least, adopting this new geopolitics of self-determination might enable the politicians and citizenry of the United States to take a much needed and long overdue look within its own borders, and devote much more of its imaginative and material resources to creating a humane society at home, starting with its physical and moral infrastructure.

 

One good starting point for such a program is with the language of political discourse. This idea of the West ‘losing’ a country or, as with The Economist’s cover story, losing a whole region, should be banished from the 21st century political imaginary, and with it the realization that such a concept of winning and losing is worse than anachronistic, it is obsolete. It might be helpful to recall that for many years the American political right accused the U.S. Government of ‘losing China’ only to discover later in the Cold War that China had become a valuable geopolitical ally in the core struggle with the Soviet Union, and still later, that China as much as any country, keeps the world economy from unraveling.

Weakening and Discrediting the UN: The Mission of Israeli QGOs

17 Apr

Weakening and Discrediting the UN: The Mission of Israeli QGOs

 

[Prefatory Note: This post is the full text of my presentation at an excellent conference “The Israeli Lobby: Is it good for US? Is it Good for Israel?” National Press Club, Washington, D.C., April 10, 2015; the conference was sponsored and organized by the editorial leadership of the magazine Washington Report on Middle East Affairs, which brings together some of the best writing on the Israel/Palestine struggle, as well as covering other regional issues. I encourage readers of this blog to look at the full conference either at the YouTube website or the audio recording at http://www.israellobbyus.org Although there were many illuminating presentations during the day, and I would call particular attention to the memorable remarks of two highly informed Israelis, Gideon Levy and Miko Peled. The tacit conspiracy of media silence has been well described in a release prepared by Washington Report <http://www.wrmea.org/action-alert-archives/did-media-make-itself-irrelevant-boycotting-the-israel-lobby-conference.html&gt;]

 

 

 

There are no better texts for assessing the damage done to the role and reputation of the UN by the Israeli Lobby than to consider Secretary of State John Kerry’s recent statements boasting about the U.S. success in protecting Israel from criticisms arising from its non-fulfillment of responsibilities under international law and as a member of the United Nations. It should be understood that the lobby does not act in a vacuum, and its leverage is greatly enhanced in global settings to the considerable extent that its priorities overlap with the strategic and economic interests of the United States in the Middle East.

 

Despite the tensions with the White House associated with Netanyahu’s March speech to Congress, Kerry proudly informed an ABC TV news boradcast: “We have intervened on Israel’s behalf..a couple of hundred times in over 75 different fora.” [“This Week,” Feb. 28, 2015]. And then when addressing the Human Rights Council Kerry included a statement that could just as well been drafted by AIPAC or Israel’s ambassador to the UN: “It must be said that the HRC’s obsession with Israel actually risks undermining the credibility of the entire organization.” And further, “we will oppose any effort by any group or participant in the UN system to arbitrarily and regularly delegitimize or isolate Israel, not just in the HRC but wherever it occurs.” [Remarks, Palais des Nations, Geneva, March 2, 2015] What is striking about these kinds of statements by our highest ranking government officials dealing with foreign policy is the disconnect between these reassurances of unconditional support and Israel’s record of persistent disregard of its obligation under international law and with respect to the authority of the UN. In addressing an AIPAC gathering a few weeks ago, Representative Lindsay Graham curried favor by telling the audience that as chair of the Senate Appropriations Committee, “I’m gonna put the UN on notice” that he would go after its funding if the Organization takes any steps to ‘marginalize’ Israel.

 

 

During my six years as UN Special Rapporteur for Occupied Palestine I had the opportunity to observe the manner in which a group of international and national so-called NGOs (non-governmental organizations) that are closely aligned with Israel give priority to deflecting criticisms of Israel and discrediting with the temerity to offer critical assessments of Israel’s conduct. I say ‘so-called’ because it is more revealing and accurate to regard these political actors as ‘quasi-government orgnaizations’ rather than NGOs. These covertly aligned entities now hide behind the NGO label to claim a civil society identity for themselves, but in practice they devote their energies and secure their funding because of their singleminded dedication and dogged defense of a particular government’s interests, in this instance those of Israel.

 

There were two features of the campaigns waged within the UN by these quasi-government organizations (QGOs]: attacks directed at discrediting critics of Israel and attacks directed at the UN as such, generally focused on particular organs of the Organization.

           

–with regard to personal attacks, a reliance on repeated defamatory attacks on a particular person being targeted, as biased and even anti-Semitic whenever such a person is addressing some aspect of Israeli policy or is sympathetically reporting on Palestinian grievances. Coupled with this kind of personal attack is an avoidance of the substantive aspects with respect to whether the criticisms or grievances are well grounded in international law and human rights law. The content of these toxic attacks, at least in my case, focused on a distorted presentation of my views on a variety of issues that were made in settings other than the UN and generally did not even pertain to the Israel-Palestine conflict. The intended effect was to shift attention from the message containing the issues about which the UN has a responsibility to consider upon to a controversy about whether the messenger is tainted. With incredible persistence, UN Watch the most aggressive of the QGOs, exclusively used the opportunity of ‘interactive dialogue’ in Geneva sessions of the HRC to give voice to their denunciation of my character and activities. Afterwards UN Watch circulated in the form of an organizational letter these defamatory attacks to prominent international personalities, including high-ranking civil servants in the UN itself, such as the UN Secretary General, the High Commissioner for Human Rights, and a variety of ambassadors of countries friendly to Israel. Characteristically, the letter ended with a demand that I be dismissed from my post as Special Rapporteur.

 

It was particularly disturbing to me that these defamatory attacks were treated as credible on their face by supposedly responsible prominent UN officials and government representative without the slightest effort to conduct an independent investigation or the minimal courtesy of checking either with me or with the sources that were being relied upon to put forward these defamatory assertions. Instead, their endorsement by supposedly responsible public figures was damaging to my reputation, and helped to divert attention from fashioning appropriate responses to the substantive grievances of the Palestinian people, and hence also indirectly damaged the reputation and effectiveness of the UN. As might be expected the Fox News network took such attacks at face value as useful material in relation to their hostile coverage of the UN.

 

On more than one occasion the UN SG Ban Ki-Moon denounced me without making the slightest attempt to assess the accuracy of the views attributed to me in such UN Watch letters that referred in discrediting and misleading ways to material from my blog where I discussed in some detail the 9/11 attacks and the international context of the 2013 bombing at the Boston Marathon. After the first of these attacks by the UN SG I tried to find out why as someone working without salary on behalf of the UN was not given the opportunity to at least explain my views. When I tried to probe the matter by seeking an explanation, I was told somewhat apologetically by a close associate of the SG that the failure to take account of my actual views was due to the fact that ‘we didn’t do due diligence.’ He added that at the time the UN felt ‘under pressure from the U.S. Congress to show that the Organization were not hostile to Israel.’ It was a sensitive moment as Ban Ki-Moon was seeking U.S. support for reappointment to a second term. In a similar vein, the U.S. Ambassador Susan Rice, and later Samantha Power, denounced me as biased, and deserving dismissal. When I sought some explanation from Ambassador Rice my overly polite letter remains unanswered. This experience of mine is important as it illustrates the readiness of public officials in this country and at high levels of the UN to condemn persons accused of bias toward Israel without bothering to find out whether the complaint against the is justified. The Israel Lobby’s basic premise is that any criticism of Israel at the UN is on its face evidence of bias and anti-Semitism, and this is exactly the approach taken by these officials connected with the UN and representing the U.S. Government. The QGOs serve as gatekeepers, signaling to those associated with global policy that it is time to act in support of Israel.

 

What I am trying to explain by reference to my experience is the degree to which these pro-Israeli QGOs stir up trouble for those who are doing their best to document Israel’s flagrant violations of international humanitarian law and international human rights standards. A major purpose of these tactics in response to well-evidenced documentation of Israeli state crime is to mobilize opposition on the part of government officials, especially in the U.S., but also Canada, UK, and Australia, and induce the pro-Israeli media to focus on controversies involving critics, rather than the criticisms, emanating from UN activities. One result of these repeated personal attacks along these lines is, by their mere repetition, useful in making the UN generally, and the Human Rights Council in particular, seem to be arenas dominated by individuals biased against Israel, and even anti-Semitic.

 

I can report that in my experience at the UN, including the Human Rights Council, the Organization has consistently leaned over backward to give Israel the benefit of the doubt. The official reports that I prepared on Israel’s occupation of Palestine over my term were based on essentially uncontested documentation of allegations of severe violations of international humanitarian law, as embodied in the Fourth Geneva Convention and on other authoritative norms. In my opinion, anyone possessing professional integrity could hardly arriving at the same, or similar, conclusions to mine with respect to the legal implications of the continuing occupation of Palestine. What is worth noticing is that this pushback by Israeli lobbying organizations reflects their apparent judgment that it is best to avoid engaging in any form of substantive debate. Undoubtedly, character assassination is proving more persuasive and effective.

 

It is also relevant to point out that my predecessor, John Dugard, a distinguished South African jurist and globally respected scholar, was also subjected to similar defamatory attacks during his period in the HRC as Special Rapporteur on Palestine. This style of defamatory QGO behavior has arguably weakened the role of the Special Rapporteur, which provides the Palestinian people with their only truly independent and potentially influential voice within the UN. My successor was explicitly chosen in 2014 to be Special Rapporteur for Palestine on the perverse rationale that he was more qualified than other candidates because he had no expert knowledge of the subject-matter and was not even shortlisted by the consultative committee of ambassadors that is charged with advising the President of the Human Rights Council on the qualifications of the candidates (it is amusing, although sad in its effects, that lack of qualifications became a crucial qualification in the UN selection process). The person chosen further demonstrated his suitability for the job by expressing a willingness in advance to make every effort to get along with Israel while discharging his office. The results of making this appointment have so far been much less attention to the grievances of the Palestinian people. Even with this corrupting process Israel has still not been willing to cooperate with the UN so as enabling the HRC to carry out the mandate. At present, the Special Rapporteur on Occupied Palestine continues to be denied entry to Palestine, a situation that has existed ever since I was expelled in 2008. Even in the face of this refusal to allow the Special Rapporteur access to Palestine, the UN is sufficiently intimidated by Israel and the U.S., that it makes only pro forma protests.

 

I should also point out that the experience of Special Rapporteurs for Palestine is not a departure from a broader pattern of defamation of UN initiatives perceived as critical of Israel. When Richard Goldstone, a lifelong Zionist, prominent in Israel, and a respected international civil servant, submitted a report on behalf of a fact-finding inquiry into the Cast Lead 2008-09 attacks on Gaza, he was so savagely attacked by these QGOs, as well as by the top Israeli leaders, that he was induced to back down and retract the most serious allegations concerning Israel’s behavior in Gaza, a reformulation that none of the other three distinguished members of the inquiry group supported. It should be noted that Goldstone, as in the case of Dugard and myself, undertake these UN roles as unpaid volunteers, which does allow us independence and allows us to be sharply criticized without being dismissed.

I can also report that I was privately frequently complimented for the objectivity and persuasiveness of my reports by important UN officials, but were on the defensive in public because the Organization is deemed dependent on U.S. support.

These tactics of seeking to destroy the reputation of the UN as an arena is illustrated by an article prominently published in the NY Times a week ago written by the Israeli ambassador to the UN, Ron Prosor, bearing the provocative title “The U.N. War on Israel.” [April 1, 2015] Ambassador Prosor contends “this once great global body had been overrun by the repressive regimes that violate human rights and undermine international security.” He argues that this pernicious influence is made plainly evident by the extent to which Israel is singled out for harsh criticism. He relied in his speech on UN Watch, which he blandly identify as “the Geneva-based monitoring group” to mount his diatribe, singling out the appointment of William Schabas a few months ago to head a commission of inquiry into the Israeli 2014 onslaught against Gaza as indicative of a disqualifying bias. Schabas resigned his post under a barrage of unfair criticism directed at the fact that he had once prepared a short technical report as a legal professional as to whether Palestine was qualified to be a party to the Rome Treaty governing the International Criminal Court. The fact that Proser’s inflammatory article was published in the NY Times, a venue respected for its objectivity and balance is itself reflective of the unhealthy degree of leverage wielded by Israeli lobbying groups.

 

In my experience, the UN rather than being subject to what Proser calls “the tide of hatred aimed at Israel” is a result of American influence within the Oraganization, is increasingly unable to play a constructive role in relation to Israel or by rendering protection to the Palestinian people who have been denied their most fundamental rights for far too long. It is relevant to remember that the ordeal of the Palestinians people, unlike that of any of the other terrible situations afflicting people throughout the world, is one for which the UN has a significant share of past and present responsibility. The UN took over the role played by colonial Britain that had administered Palestine since the end of World War I, after colonial Britain and the League of Nations had encouraged Zionist hopes in 1917 by issuing the Balfour Declaration that looked with favor on the establishment of “a national home for the Jewish people.” We need to recall in this connection that the initial partition proposals for historic Palestine in 1947 came from the UN in GA Resolution 181 without any effort to consult the wishes of the then resident population of Palestine, and thus in direct denial of the right of self-determination and against the tide of invalidating colonialist claims. It needs to be remembered that the much of the Palestinian tragedy is a direct result of this UN abandonment of the principle of self-determination in relation to Palestine as aggravated by the long record of Israeli defiance associated with its obligations under international law.

 

Rather than the UN reflecting the supposed hostility of oppressive regimes to Israel, the UN has increasingly been neutralized in any effort to produce after more than 68 years a sustainable and just peace for these two peoples, and the realities on the ground have moved relentlessly in defiance of international law in the direction of an outcome that denies elemental rights to the Palestinian people. It is notable, yet hardly surprising, that Proser makes no attempt to address the substantive charges of human rights and international humanitarian law abuses attributed to Israel, and does not even deny their accuracy. The fault of the UN, according to the lobby and its compromised diplomats, is with the UN as a prejudiced arena, and whatever the crimes of Israel may be, they should be treated as unworthy distractions from this overarching truth.

 

Palestine may be winning the Legitimacy War being waged throughout the world and at the UN to obtain popular support for the Palestinian cause with the peoples of the world, but it is losing the parallel Geopolitical War. Both wars view the UN as a strategic battlefield. The recommendations of the Goldstone Report were never implemented. If indeed the new fact finding commission on Gaza appointed to investigate Protective Edge delivers an appropriately strong report in June 2014 that condemns Israel’s tactics in its military operation of last summer, it is almost certain that its findings and any recommendations will be buried in the bowels of the UN bureaucracy. Israel, with strong U.S. backing, has persuaded the UN to hold a conference later in the year on the dangers of anti-Semitism, which seems almost certain to make the kind of arguments made by UN Watch and NGO Monitor that justifiable criticism of Israel should be dismissed without further consideration as a virulent form of anti-Semitism because it delegitimizes the state of Israel.

 

 

From an Israeli perspective these tactics of deflection makes sense as anyone familiar with the facts and law would certainly hold views that are critical of Israel’s policies and practices, and the UN endorsement of such a conclusion clearly adds weight to the global solidarity movement that is influenced by persuasive findings that confirm the illegitimacy of Israel’s policies and practices in relation to the Palestinian people. The Israeli settlement project has been almost universally condemned, the separation wall built on Occupied Palestine has been declared unlawful by 14 of 15 judges of the International Court of Justice, the severe and continuing collective punishment of the people of Gaza is unconditionally prohibited by Article 33 of the Fourth Geneva Convention, the annexation of a unilaterally enlarged Jerusalem defies the international legal consensus to name just a few of the salient issues of substance that Israel wants the world, and especially the UN, to ignore, while with the help of the United States, shifting as much attention as possible to issues of bias and anti-Semitism in relation to the UN and those who represent it.

 

In conclusion, I would say that the QGOs along with Israeli and American diplomats have managed to intimidate and neutralize the UN as a foundation of support for the justifiable grievances of the Palestinian people. In so doing, rather than overdoing its emphasis on Israeli violations of human rights and international law, the UN has increasingly allowed itself to be used by geopolitical actors to shield Israel from criticism and to deflect such stronger initiatives as sanctions designed to produce a just and sustainable peace for the two peoples. Israel on its side has adopted a pragmatic dual approach to the UN, complaining in public settings about bias and disproportionate emphasis, and behind the scenes using its direct and indirect leverage to influence the selection of personnel bearing on its interests and to push the agenda in directions that correspond with its worldview.

 

The Geopolitical Right of Exception at the United Nations

13 Apr

 

The notorious, yet influential, German jurist, Carl Schmitt famously insisted that ‘a right of exception’ was the core reality of national sovereignty. By this he meant that internal law could be put aside by ‘the sovereign,’ inhering as the crux of the relationship between state and society. In this regard international law has no overriding claim of authority with respect to sovereign states, at least from the perspective of statist jurisprudence. This discretion to ignore or violate law is distinct from submission to law as a realistic adaptation by weak states to political realities or compliance undertaken voluntarily for pragmatic reasons of convenience and mutual benefit.

 

When the UN was established, it was configured, to appeal both to realist minds who were eager to show that they had learned the lesson of Munich and to those architects of international cooperation that did not want the folly of the League of Nations, seen as a politically irrelevant sanctuary for utopians and dreamers to be repeated in this newly created organization. To achieve these ends the UN Charter vested only the UN Security Council with the power of decision (as distinct from recommendations), and limited its membership originally to nine states of which the five designated winners of World War II were given both permanent membership, and more importantly, a right of veto. In effect, the right of veto was a constitutional right of exception embedded in the UN Charter. It formulated the master procedural rule of the Charter as one that allowed permanent members of the Security Council to block any decision that was perceived to be sufficiently against their national interests or those of its friends. Just as Woodrow Wilson falsely misled the world with his pledge after World War I of ‘making the world safe for democracy’ the UN was more effectively manipulated into the actuality of ‘making the world safe for geopolitics.’

 

In effect, the UN was set up on the basis that it would never be strong enough to challenge these five major states, and that its effectiveness would rest on two possibilities: sustaining the voluntary cooperation that had worked successfully during World War II to thwart European fascism and Japanese imperialism or cooperating on issues of secondary concern in the peace and security area on which the permanent members could agree and persuade enough non-permanent term members to lend support. As was discovered several decades ago, these permanent members could only agree on what to do in the Security Council on the rarest of occasions, and that decisions relating to secondary issues, although often useful, left the really dangerous conflicts beyond the reach of the UN. The UN also committed itself to respect territorial sovereignty of its members, and by virtue of Article 2(7) of the Charter, placed all forms of civil strife beyond its writ unless the Security Council agreed that there were present substantial threats to international peace and security.

 

This constitutional right of exception to some extent contradicts the basic imperative of the Organization “to save succeeding generations from the scourge of war” that is set forth in the Preamble to the Charter. To the extent that major wars have been avoided during the lifetime of the UN it is not due to the efforts of the Organization. It is rather a consequence of deterrence, and geopolitical self-restraint and prudence, which were greatly encouraged by the awareness that any war fought with nuclear weapons would be a catastrophe regardless of which side prevailed. Major wars were prevented by a reliance on traditional notions of balance, containment, and countervailing power fine tuned for the realities of the nuclear age. These were realist instruments of statecraft associated with the European state system as adapted to the distinctive contemporary challenges. In the over 400 pages of his 2014 book, World Order, Henry Kissinger, the realist par excellence of this era, hardly mentions the UN, and accords it no significant role in shaping or even misshaping the ‘world order’ in the 21st century. The UN is simply seen as a diplomatic sideshow. He sees the present world order need to be primarily concerned with incorporating the non-Western major states, especially China, in an enlarged conception of a state system that is based on European ideas. For this process of incorporation to occur smoothly it will be essential that Westphalian logic of statism be newly perceived as reflecting the values and worldview of these diverse civilizations, and no longer be understood as an integral aspect of the Western world domination project.

 

Although the UN is a disappointment when it comes to ‘war prevention’ or the encouragement of a global rule of law, it has managed to achieve universality of membership. Unlike the League that failed to induce the United States to join and lost along the way several important members, the UN has neither expelled countries from its ranks nor have states withdrawn. The Organization has proved sufficiently useful as a site of diplomatic interaction and contestation that every government regardless of ideology or outlook finds it useful to participate in its activities. Even Israel that consistently complains loudly about the flawed and biased character of the UN, still tries with all its diplomatic ingenuity to influence its various activities in directions consistent with its foreign policy.

 

What has received too little attention so far is what I would call ‘the geopolitical right of exception’ that is quite distinct from the constitutional veto, but at least as pernicious from the perspective of enabling the UN to promote the human interest in its actions throughout the world. The geopolitical right of exception reflects the ability of one or more political actor in the world to promote or undermine policies that express its particular interest. In UN contexts the geopolitical right of exception allows a state to prevent the implementation of behavior that has been otherwise given formal approval. For instance, in the UN Human Rights Council there is no operative constitutional right of exception, and this allows certain steps to

be taken on the basis of majority approval. Yet when it comes to implementation or enforcement, acting behind the scenes, threatening funding cuts and actions for and against a high official, the political will of the Organization is effectively resisted and controlled. For instance, Israel despite ignoring strongly backed UN General Assembly resolutions dealing with such matters as refugees, Jerusalem, the separation wall, has been able to be defiant over the course of decades without experiencing any inter-governmental adverse consequences, and this is because it is protected by the United States exercise of its geopolitical right of exception on its behalf. The availability of such a geopolitical right is in direct proportion to the perceived hierarchy of hard and soft power in the world, which has meant that since World War II, the United States far more than any other political actor has enjoyed a geopolitical right of exception within the UN.

 

The existence of this geopolitical right of exception undermines the legitimacy and effectiveness of the UN. It is integral to regimes of double standards, and cuts directly against the grain of global justice that seeks to treat equals as equally as possible. It also implicitly endorses backroom strong arm tactics and procedural manipulation, as well as modifies and distorts the rights and duties of membership in the UN.

 

Overcoming the geopolitical right of exception would require its repudiation by the United States, in particular, through a recognition that its exercise is incompatible with the search for a peaceful, just, sustainable, and more participatory form of world order. Because it is often exercised invisibly, this geopolitical right is also a vehicle of influence relied upon by private sector corporate and financial interests that are contrary to the global public interest. At present, it seems hopelessly out of touch to expect any moves by the American and other powerful governments to forego the benefits of the geopolitical right of veto. Because its exercise is neither claimed nor acknowledged, there can be no accountability, thus operating in a manner that is contrary to the democratic spirit. The constitutional veto has the benefit of discourse and debate as various political actors try to offer convincing reasons for casting a veto to block a Security Council decision. For this very reason the geopolitical right of exception is often a more desirable option than the constitutional right if the policy or position being promoted is unpopular with public opinion and other governments. The U.S. Government struggles often behind the scenes at the UN to provide effective support for Israel in ways that get the job done without having to achieve such an unpopular result by a seemingly arbitrary reliance on its veto.

 

Unless a full-fledged world government were to be established, which seems slightly less likely than awarding the Nobel Peace Prize to Vladamir Putin, there is no prospect of any renunciation of the geopolitical right of exception at the UN in the foreseeable future. The best that can be hoped for is a recognition of its existence and role, some sort of greater self-restraint exhibited in its exercise, and critical commentary by those who conceive of their political identity as that of ‘citizen pilgrims.’

Opposing Impunity for Geopolitical Criminality

5 Apr

 

 

Responding to intense pressure from the usual sources William Schabas, a prominent and respected expert on international criminal law, recently resigned as Chair of the UN expert commission of inquiry into war crimes allegations arising from the massive Israeli military operations in Gaza during July and August of 2014. These issues relating to international criminal accountability have also received recent prominence due to Palestine’s adherence to the Rome Treaty making it a party to the International Criminal Court, an initiative that generated an enraged punitive reaction on the part of Israel as well as an angry denunciation by Washington. On display in these instances is the struggle between extending the rule of law to international state crimes and the geopolitical resistance to such an effort whenever accountability to law is in tension with the pursuit of strategic interests.

Imposing international criminal responsibility upon political leaders and military commanders that occur in the aftermath of wars possesses a dual character from a geopolitical perspective: to vindicate major military undertakings of liberal democratic states and to ensure impunity for the leaders of these same states in the event that their behavior or that of their allies are alleged to be international crimes. These efforts at vindication are associated with strengthening the global rule of law and validating the established order, while impunity is invoked to insulate powerful individuals and their governments from criminal accountability. The resulting pattern in international life is one of double standards at the level of implementation and hypocritical rhetoric about the importance of a global rule of law based on its universal applicability.

 

Contemporary experience with these issues is grounded in the aftermath of World War II. In 1945 with great fanfare after World War II, especially at Nuremberg in the legal prosecution of surviving Nazi leaders, as well as at Toyko where a series of prominent Japanese personalities who had headed the imperial government and commanded its military forces were accused and convicted of international crimes. These sophisticated ‘show trials’ were generally endorsed in the West as a civilized alternative to the favored Soviet and British approaches, which would have been to arrange summary mass executions of all Germans deemed responsible for international crimes without making any effort to assess the gravity or accuracy of the charges directed at specific individuals. What was done at Nuremberg in 1945 was for prosecutors to prepare carefully evidence of alleged wrongdoing of each defendant under indictment as well as developing arguments about the legal relevance of the international crimes at stake while giving those accused an almost free hand to offer legal defenses and mitigating evidence as prepared by competent lawyers appointed to render them assistance.

 

In most respects, Nuremberg in particular continues to be viewed as a landmark success in the annals of the progressive development of international law. It is also significant that the outcomes of parallel Tokyo prosecutions of Japanese leaders are virtually unknown except in Japan where they are decried as ‘victors’ justice’ and throughout the world among a few specialists in international criminal law.

 

There are several reasons for the prominence of Nuremberg. First of all, the disclosures of the Holocaust at Nuremberg were so ghastly that some sort of punishment of those responsible seemed to be a moral imperative at the time.

Although the crime of genocide did not yet exist in law, the revelations of the Nuremberg proceedings documented as never before the systematic extermination of Jews and others in Europe. Beyond this, the war was widely believed to have been a just and necessary response to the menace of Naziism and Japanese imperialism, and their embrace of aggressive war. The Allied victory was viewed as decisive in overcoming the fascist challenge to liberal democracy, with the Nuremberg Judgment providing an authoritative rationale for waging a defensive war so costly in lives, devastation, and resources. Finally, the claim to be establishing a structure of legal accountability that took precedence over national law seemed integral to the postwar resolve to keep the peace in the future and deter aggression by reminding all leaders of the possibility of criminal accountability for initiating a war or abusing people under their control. The advent of nuclear weaponry reinforced the moral and political conviction that major wars must now be prevented by all available means, including this warning to leaders and military commanders that their actions could become the subject of criminal prosecution.

 

At the same time, this Nuremberg/Tokyo experiment was tainted from the outset. It was clearly victors’ justice that incorporated double standards. The evident crimes of the winners in the war were not even investigated, including the atomic bombings of two Japanese cities, which were viewed around the world as perhaps the worst single acts of wrongdoing throughout the course of the entire war, and only the Nazi death camps were in some way equivalent in relation to legality and morality. There were official statements made at Nuremberg that those who sat in judgment of the Germans would in the future be subject to similar procedures of accountability if they committed acts that seemed to be crimes under international law implying that the rule of law would replace victors’ justice. In effect, the claim made on behalf of moral credibility and political fairness was that this Nuremberg/Tokyo approach would assume the attributes of the rule of law by treating equals equally in future conflicts. Such expectations, if scrutinized, seemed to reflect the hopes of ‘liberal legalists’ in universal legal standards, but were never realistic goals given the structure and nature of world politics.

 

In effect, this Nuremberg promise could not be kept because geopolitical primacy continues to set the limits of legal accountability. Although there has existed an International Criminal Court since 2002, and ample grounds for believing that some major sovereign states have committed international crimes, there have zero prosecutions directed at dominant political actors, and not even investigations into possible criminality have been launched. Such a pattern results from a normative gap in world order that is not likely to be closed soon. It is a gap that is most visibly expressed by reference to the right of veto possessed as a matter of law by the five permanent members of the UN Security Council. This right of veto amounts to an institutional grant of exemption from the legal obligation to comply with the UN Charter on matters of peace and security. For these five states and their friends and allies, compliance is discretionary, and non-compliance is in effect ‘a right.’ In this regard, the UN Charter is itself a product of what might be called ‘geopolitical realism,’ which takes precedence over the apolitical aspirations of ‘liberal legalists.’

 

And yet, the impulse to hold accountable those who commit crimes against the peace, war crimes, and crimes against humanity remains strong among moderate democratic governments and in some sectors of global civil society. As a result there is some further development of the Nuremberg idea, although the fundamental tensions between hard power and establishing a credible rule of law with general applicability remains. During the 1990s the UN Security Council established ad hoc international tribunals to assess criminal responsibility associated with the breakup of former Yugoslavia and in relation to the genocidal massacres in Rwanda. In these North/South settings, there was more willingness to allow all sides to bring forth their arguments about the criminal behavior of their adversary since there were no allegations directed at geopolitical heavyweights. That is, the approach of liberal legalists became practical in these situations where no high profile geopolitical actor is being accused of an international crime.

 

The International Criminal Court was itself brought into being in 2002 by an unusual coalition of forces, joining governments with a great many NGOs drawn from around the world in a joint project. What came into being is an international institution with a mandate to investigate and prosecute, but lacking the participation and support of the dominant states, and operating within a framework that up to now has been deferential to the sensitivities of sovereign states in the West. Operating in such a limited way has led the ICC in its first decade to focus its attention almost entirely on African leaders, while looking the other way with respect to geopolitical actors. Liberals conceive of this as progress, doing what can be done, and beneficial to the extent that it apprehends some persons who have been responsible for atrocities and crimes against humanity. Critics of the ICC view it as another venue for the administration of ‘victors’ justice’ and an inscription of Western moral hegemony that entails a cynical expression of double standards. Both interpretations are plausible. The ICC is currently facing an identity test as to whether it will undertake investigations of alleged Israeli criminality made at the request of Palestine. Its institutional weight is being demonstrated by the degree to which the Israeli leadership reacts with fury, punitive policies, and intense anger directed at the Palestinian Authority for raising such a possibility. It should surprise few that Israel’s backlash against the ICC is supported by the United States.

 

For centuries there has been recognized the capacity of national courts to act as agents of law enforcement in relation to international wrongdoing. Such a judicial role was long exercised in Western countries in relation to international piracy, which was viewed as a crime against the whole world and hence could be prosecuted anywhere. Such an extension of international criminal law is based on ideas of ‘universal jurisdiction,’ strengthening the capacity of international society to address serious crimes of state. This kind of approach receive great attention in relation to allegations of torture made against the former Chilean dictator, Augusto Pinochet, after he was detained by Britain in response to a 1998 request for extradition by Spain where a court stood ready to prosecute on the basis of indictments already made. After a series of legal proceedings in Britain the House of Lords acting as the country’s highest judicial body decided that Pinochet should be extradited, but only for torture charges relating to a period after torture became an international crime within Britain. In theory, national courts could become much more active in relation to universal jurisdiction if so empowered by parliamentary mandate, but again doing so without challenging geopolitical red lines. When Belgian courts threatened to proceed against Donald Rumsfeld because of his alleged authorization of torture in Iraq, political pressures were mounted by Washington, including even threats to move NATO. In the end, Belgium backed down by revising its national criminal code so as to make it much more difficult to prosecute international crimes that occurred outside of Belgium and for which Belgians were not victims or perpetrators.

 

Civil society has also acted to close the normative gap created by patterns of geopolitical impunity. In the midst of the Vietnam War, motivated by a sense of moral outrage and the paralysis of official institutions when it came to challenging American behavior, Bertrand Russell organized a symbolic legal proceeding that investigated charges of criminality in 1966 and 1967. Prominent intellectuals from around the world were invited to serve as a jury of conscience, heard evidence, issuing their opinion as to law and facts at the end. Inspired by this Russell Tribunal experience, the Permanent Peoples Tribunal was established a decade later by citizens, operating out of Rome, holding sessions on issues where there existed moral outrage, legal prohibitions, and institutional paralysis, symbolically challenging geopolitical impunity. In 2005 there was organized in Istanbul by a dedicated group of female activists an independent tribunal to investigate war crimes charges against British and American political and military leaders, as well as corporate actors associated with the Iraq War. The Iraq War Tribunal relied upon a jury of conscience chaired by Arundhati Roy to pronounce upon the evidence. Of course, such a tribunal can only challenge impunity symbolically by influencing public opinion, and possibly through encouraging boycotts and other moves that delegitimize the claimants of power and possibly alter the political climate. Nevertheless, it plays a role in the legitimacy war dimensions of international conflicts, providing an alternative narrative to the discourse

disseminated by geopolitical forces and giving encouragement to civil society activism by providing a convincing rationale for concluding that contested behavior violates fundamental norms of international law and morality.

 

In summary, it is still accurate to observe that geopolitical primacy inhibits the implementation of international criminal law from the perspective of a global rule of law regime that treats equals equally. At the same time, ever since Nuremberg there have been efforts to end the impunity of those guilty of international crimes in war/peace situations and national settings of oppressive rule. These efforts have taken several main forms: (1) the establishment by the UN of ad hoc tribunals with a specific mandate as with former Yugoslavia and Rwanda; (2) the establishment of a treaty based international institution, the International Criminal Court, with limited participation and disappointing results to date; (3) reliance on universal jurisdiction to activate national courts to act as agents on behalf of international society with respect to enforcing international criminal law; (4) the formation of civil society tribunals to assess criminal responsibility of

leaders in situations of moral outrage and global settings that render unavailable either inter-governmental or governmental procedures of accountability. (1)-(3) are projects of liberal legality, while (4) draws on more progressive jurisprudential energies outside the statist paradigm.

 

In the end, there is posed a choice. One possibility is go along with the one-eyed efforts of liberal legalists, most notably mainstream NGOs such as Human Rights Watch, silently acknowledging that the rule of law cannot be expected to function in relation to many serious international crimes due to the hierarchical and hegemonic structure of international society. The other possibility is to insist there can be no international justice so long as there exists a regime of ‘geopolitical impunity.’ In both instances, the contributions of civil society tribunals are needed, both for the sake of symbolic indictment and documentation of wrongdoing, and to acknowledge civil society as the moral and legal conscience of humanity. It must be admitted that only among liberal democracies are such self-critical initiatives of civil society tolerated, although such undertakings are derided and marginalized by mainstream media as the work of a ‘kangaroo court.’ Obama’s refusal to look back at the international crimes alleged against leading members of the Bush presidency is one awkward admission of the limits on legal accountability; such reasoning if generalized would invalidate any concern with all forms of past behavior, and hence any notion of accountability for all crimes. In such a dysutopia criminal law might exist, but by habit and expectation it would never be implemented, however severe the crime and dangerous the criminal. In the world we inhabit, without kangaroo courts international criminal law would continue with its limited writ, and there would no tribunals whatsoever to assess the criminality of the most powerful political actors on the world stage that menace many vulnerable peoples in the world.

 

 

 

 

The Mistakes of the Global Imperial State and the Mistakes of Others  

29 Mar

 

It was pointed out to me that the oddities of reconciliation without truth that I encountered in the Philippines with respect to the persisting prominence of the Marcos family despite the widespread discrediting of his period of ruler ship (1965-1986) is not as strange as I made it appear. After all, Jeb Bush has recently announced his intention to seek the presidency of the United States in 2016, and George W. Bush despite his deplorable presidency, is regarded as a political asset, and is actively campaigning and raising funds on behalf of his younger brother. In the Philippines, unlike the United States, there was a political rupture brought about by the People Power Movement that drove the Marcos clan from power and led directly to Corey Aquino becoming president, widow of Benigno Aquino Jr., the slain Marcos opponent. Even now this populist triumph is celebrated as a day of national pride for the country, and Benigno ‘Noynoy’ Aquino III sits in the Malacañang Palace as the elected leader of the country. Yet the political realities in the Philippines, as with America, are more notable for their continuities with their discredited past than by changes that repudiate and overcome it.

 

Barack Obama was acting in an admittedly different political setting in the United States when he put aside well grounded allegations of criminality directed at the leadership during the Bush presidency, prudently contending that the country should look forward not backward when it comes to criminal accountability of its former political leaders. Of course, this is the opposite of what was done with surviving German and Japanese leaders after World War II at the widely heralded Nuremberg and Tokyo trials, nor can such prudence ever become the norm in the United States in relation to the crimes of ordinary people, even the laudable whistleblowing crimes of the sort attributed to Chelsea Manning, Julian Assange, and Edward Snowden. Such selective impunity seems to be the price that imperial democracies pay for avoiding civil strife at home, and preferable to the unity associated with authoritarian forms of governance.

 

For this reason alone, Obama’s morally regressive approach to accountability is politically understandable and prudent. America is polarized, and the most alienated and angry segment of the citizenry embraces the gun culture and likely remains ardently supportive of the sort of militarism and patriotic fervor that had been so strongly in evidence during the Bush presidency.

 

Thoughts along these lines led me a broader set of reflections. The mistakes that the Philippines makes, however horrifying from the perspectives of human rights, are at least largely confined to the territorial limits of the country and victimize its own citizenry. By way of comparison, the foreign policy mistakes that the United States mainly vicitimize others, although they often do at the same time impose heavy costs on the most marginal and vulnerable of Americans. As a society, many regret the impacts of the Vietnam War or the Iraq War on the serenity and self-esteem of American society, but as Americans we rarely, if ever, pause to lament the immense losses inflicted on societal experience of those living within such distant battlefields of geopolitical ambition. These victim societies are passive recipients of this destructive experience, rarely possessing the capability or even the political will to strike back. Such is the one-sidedness of imperial relationships.

 

An estimated 1.6 to 3.8 million Vietnamese died during the Vietnam War as compared to 58, 000 Americans, and similar casualty ratios are present in the Afghanistan and Iraq wars, without even considering the disruption and devastation experienced. In Iraq since 2003 it is estimated that between 600,000 and 1 million Iraqis were killed, and over 2 million were internally displaced and another 500,000 Iraqis became refugees as a result of the war, while the United States lost in the vicinity of 4,500 combat personnel. Battlefield statistics should not blind us to the absoluteness of each death from the perspective of loved ones, but they do reveal a central dimension of the distribution of the relative human costs of war as between an intervening government and the target society. This calculus of combat death does begin to tell the story of the devastation of a foreign society, or the residual dangers that can materialize in death and maiming injuries long after the guns are silent from lethal unexploded ordinance that litters the countryside for generations, soil contamination by Agent Orange, and warheads containing depleted uranium, as well as a legacy of trauma and many daily reminders of war memories in the shape of devastated landscapes and destroyed landmarks of cultural heritage.

 

From almost any ethical standpoint it would seem that some conception of international responsibility should restrain the use of force in situations other than those authorized by international law. But that’s not the way the world works. The mistakes and wrongdoing that takes place in a distant foreign war is rarely acknowledged, and never punished or restitution offered. Perversely, it is only the territorial leaders that are held to account (e.g. Saddam Hussein, Slobodan Milosevic, and Muammar Qaddafi). The United States Government, specifically the Pentagon, makes it a point to tell the world that it does not collect data on civilian casualties associated with its international military operations. In part, there is an attitude of denial, minimizing the ordeals inflicted on foreign countries, and in part there is the salve of an underlying official insistence that the U.S. makes every effort to avoid civilian casualties. In the context of drone warfare, Washington insists that there are very few civilian victims, as measured by the number of deaths, but never admits that a far larger number of civilians huddle in continuous acute fear that they may be targeted or unintentionally struck dead by an errant missile.

 

Given the statist and imperial structures of world order, it is not surprising that there is so little attention to such issues. The mistakes of an imperial global state have material reverberations far beyond their borders while the mistakes of normal state resound inwardly as in an echo chamber. The wrongs of those who act for the imperial global state are shielded from scrutiny by realistic notions of impunity, while the wrongs of those who act for a normal state are increasingly subject to international procedures of accountability. When this happened after World War II it was called ‘victors’ justice; when it happens now, especially with the one-eyed jurisprudence of ‘liberal legality’ it is explained by reference to prudence and realism, being practical, doing what it is possible, accepting limits, giving a fair trial to those who are accused, deterring some patterns of evil deeds.

 

This will not change unless either of two things come to pass: a global capability to interpret and implement international criminal law comes into being or the political consciousness of imperial global states is dramatically altered by the internalization of an ethos of responsibility toward foreign societies and their inhabitants. Any description of such advances in law and justice should make us aware of how utopian such expectations remain.

 

At present, there is only one global imperial state, the United States of America. Some suggest that China’s economic prowess creates a rival center of power and influence that should be acknowledged as a second global imperial state. This seems misleading. China may be more resilient, and is certainly less militarist in its conception of security and pursuit of its interests, but it is not global, nor does it fight wars distant from its homeland. Furthermore, Chinese language, currency, and culture do not enjoy the global reach of English, the U.S. dollar, and franchise capitalism. Undoubtedly, China is currently is arguably the most significant state in the world, but its reality is in keeping with core Westphalian ideas of territorial sovereignty, while the United States operates globally in all regions to solidify its status as the only global imperial state, indeed the first such state in the history of the world.

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