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Are We Heading Toward Global Autocracy, Ecological Collapse, Political Malaise?

29 Jun

 

 

What follows are preliminary reactions to both the BREXIT vote and the world according to Trump, but also a commentary on the related alienation of large segments of the public that are being badly served by both the established elites and their demagogic adversaries. The failures of neoliberalism, the successes of digitization, the scourge of random violence, and more broadly, the dilemmas posed by late modernity are among the root causes of this global crisis of legitimate governance, which is deepened while being mishandled by unprecedented ecological challenges, extremely irresponsible geopolitical leadership, and a variety of ultra-nationalist backlashes against the encroachments of economic globalization.

 

 

Imagining the World After the Cold War

 

After the end of the Cold War there were various projections that tried to anticipate the likely future of the world in broad interpretative strokes. Three of the most influential conjectures by three prominent American authors received attention in the public sphere: those of Francis Fukuyama, Samuel Huntington, and Robert Kaplan.

 

Fukuyama challenged conventional political imagination with his provocative claim that with the collapse of the Soviet version of state socialism and the triumph of capitalist liberalism the world had reached ‘the end of history.’ It was also somewhat dubious that Fukuyama validated his views by reference to the Hegelian contention that history is made by the march and interplay of ideas rather than through the agency of material forces. In this respect history came to a supposedly glorious end because there was no grander possible political vision than that of market-based constitutionalism, epitomized by the American political system. Even the most casual observer of the global scene must have noticed the befogged Western optic through which Fukuyama saw

the world.

 

Huntington, no less provocative or biased, although less comforting for the West, anticipated a ‘the clash of civilizations’ as the sequel to the Cold War, especially stressing the confrontation between the liberal West and the non-West or simply ‘the rest.’ His suggestive emphasis was on blood-soaked fault lines between states, civilizations, and peoples associated with Islam and the Western polities descending from the Enlightenment tradition as it unfolded in Europe, taking root in North America and elsewhere.

 

Kaplan, also punctured the Fukuyama triumphalist tone of geopolitical serenity, by writing of ‘the coming anarchy,’ the breakdown of order at the level of the state. His views were shaped by perceptions of decolonization leading to ungovernable and essentially non-viable political spaces, particularly in Africa where he regarded many of the post-colonial states as incapable of achieving minimum order within territorial space.

 

25 years later it appears that each of these authors saw part of the elephant, but none of the three managed to capture this imposing animal in its majestic totality. Fukuyama was importantly correct in positing market-driven liberalism as the hegemonic ideology of the global future for decades to come, and especially so with respect to the ascendancy of the transnational private sector as shaped by financial flows in a borderless world. The universalization of the liberal international order was devised by and for the West after World War II with the overriding goal of avoiding a return of the Great Depression and retaining as many of the benefits of colonialism as possible in the aftermath of its collapse. This globalizing arrangement of economic and political forces proved robust enough to generate sustained economic growth, as well as to crowd out rivals, thereby making itself into ‘the only game in town.’ That this phase of globalization was grossly uneven in the distribution of benefits and burdens was generally overlooked, as was its predatory character as viewed from the perspective of the economic losers.

 

At the same time, the idea of reaching an endpoint in history even if conceived in Hegelian terms of ideas seemed rather absurd, if not grotesque, to many from its moment of utterance. Given the ideological assault on modernity that has been mounted from the perspective of religion, drawing into question secularism and rationalism, the liberal vision was indeed being challenged from a number of angles. In this regard, transnational terrorism viewed in isolation is a less radical repudiation of Fukuyama’s blueprint for the future than are the various associated challenges to Westphalian territorial sovereignty that have been mounted by Islamic leaders, articulated clearly by both Ayatollah Khomeini and Osama Bin Laden. Both insisted that the territorial sovereignty was not the primary legitimate basis for political community, and indeed put forward less convincing claims to political community than were the organic identities that had been shaped by centries of religious and civilizational traditions and devotional practices.

 

ISIS added its own version of this world order stance in a less reflective modality. Its leaders gave voice to the view that in the Middle East, in particular, armed struggle was undoing the harm done a hundred years earlier. ISIS bluntly repudiated the territorial legacies and authority of the Sykes-Picot Agreement that in 1916 had carved up the Ottoman Empire to satisfy British and French colonial ambitions. Such European hubris had cast the region adrift by creating governance zones that were, at best, artificial political communities that could only be held together by the iron fist of state power, which if removed would lead to chaos. The effect of giving over the fate of the peoples to the mercies of European colonial powers fractured the natural community of Islam and did away with the more ethnically constituted units (or millets) established by the Ottoman Empire. It is hard to be confident about whether the peoples of the region as of 2016, if left free to choose, would prefer the distortions of imposed Westphalian states or opt for boundaries that better reflected the existential sentiments and values of the current national majorities among those living in the region.

 

 

The Unexpected Appeal and Rise of the Reactionary Right

 

Perhaps, more fundamental in its implications for the future, is the shifting ground shaking the foundations of the edifice of ideas and interest upholding neoliberal globalization. That the ground is shaking has been revealed for most crisis deniers by the surge of populist support that allowed Trump to crush a wide field of Republican presidential aspirants with mainstream party credentials. This astonishing outcome has been strongly reinforced by the electrifying vote by Britain in June 2016 to exit the European Union, so-called BREXIT, and what that portends for Britain, the EU, and even the world.

 

We can also throw into the new mix the Sanders Phenomenon, essentially a youth revolt against what the man from Vermont kept calling ‘a rigged system’ good for the 1%, horrible for the other 99%, and especially for the bottom 40-60%. We will not grasp the full meaning of what has occurred for years to come, and surely the November 2016 American presidential election will either be a restorative moment for the established socio-economic order or a death warrant portending that radical, most likely disruptive, change is on its way. Should Hilary Clinton win, especially if she wins decisively as even most of the Republican leadership fear and some even wish for, it will quiet some of the voices on right and left calling for change, but only temporarily, and this is the point as the roots of the crisis are far deeper than this or that election or referendum result.

 

 

An Establishment Out of Touch

 

What strikes me most forcefully, aside from these unexpected outcomes, is how out of touch liberal, urban elites seem to be with the sharply alienated mood of the populace as a whole. This first struck me while visiting Cairo in the months after the overthrow of Mubarak in early 2011 when Egyptians across a wide spectrum welcomed change, and were naively expecting the political transition to be managed according to the will of the people by the Supreme Council of the Egyptian Armed Forces. The political analogue to this trust displayed by the leaders of the uprising in the military wing of the former oppressive regime was the widespread expectation that Amr Moussa, Secretary General of the Arab League and once the Foreign Minister under Mubarak e would overwhelm opponents in the promised presidential elections.

 

Many in Cairo voiced their personal doubts about Moussa’s suitability, complaining of his complicity with the prior regime and wondering whether he had a genuine willingness and capability to push through a liberal agenda of national reform and manage an economic program that offered some hope to the poor and marginalized Egyptian masses. What representatives of the Cairo establishment and even its critics didn’t disagree about was the near certainty of a Moussa victory in the scheduled 2012 presidential elections because no other candidate had comparable name recognition or possessed elite credibility. As it turned out Moussa, despite his acceptability to urban elites, ended up with less than 12% of the vote in the first round, disqualifying him from competing in the second and final round of the electoral process that surprisingly pitted an undisguised Murarak loyalist, Ahmed Shafek, against the candidate of the Muslim Brotherhood, Mohammed Morsi. There has been much commentary on this sequence of developments, but what I want to stress is how out of touch the Cairo policymakers and media were with ‘the people’ of Egypt, especially the poor and those living around the country outside the two urban centers of Cairo and Alexandria.

 

 

Losing it in America

 

The utterly unanticipated success of Trump, Sanders, and BREXIT left those who earn their livings by telling us what to think and what will happen in an apparently shell shocked. Because policy wonks can lose their relevance quickly, and maybe their jobs, if they are honest enough to dwell upon their mistaken judgments, they tend to shift the conversation to what these unexpected developments tell us about the vagaries of mass public opinion. They continue to write with the same old assurance and command over details, articulating anew as (un)knowingly as ever their views about what is to come, earning them invitations to influential talk shows and the like. They have no shame. At this moment the prevailing wonk consensus is that Trump cannot possibly win in the national elections next November, and will probably lead the Republicans to a devastating national defeat leaving the party discredited even among its most faithful followers. This scenario has become the latest American version of the liberal wet dream.

 

What is so far missing, or almost so, from the public discourse is a soul searching assessment of why the underclass anger, why the magnetic appeal of political personalities who are ‘outsiders,’ and why the loopy defensiveness and seeming irrelevance of those who speak softly, wrongly supposing that the voice of reason and moderation will win out. Even now there is little discussion of how best to account for this ‘revolt of the masses,’ why it is happening now and not earlier, as well as what can and should be thought and done.

Sanders alone pointed to the relevance of acute inequality as discrediting the prevailing political order and what the two political parties were offering the American people. He was sensitive to social dislocations caused by this inequality being closely linked to the declining real incomes of the middle classes and the poor. He also recognized that such a downward spiral is further aggravated by a dysfunctionally expensive health system, intolerable burdens of student debt, and a bipartisan willingness to sacrifice the fundamental wellbeing of workers in a deindustrializing America on the altar of free trade. In effect, Sanders was putting before the American people a sharply critical diagnosis of the ills besetting the country together with a laundry list of social democratic correctives.

 

Trump, despite being himself a major economic predator, has enjoyed this surge of fanatical backing due to his diabolical talent for blaming ‘the other’ for the failures being experienced by large disaffected sectors of the American people. From this paranoid standpoint it becomes almost logical to threaten China with a trade war, to bar all Muslims from entering the country, and to build a high wall that keeps illegal Latinos from coming across the Mexican border as well as getting rid as rapidly as possible all those who managed to enter illegally in the past, and to accomplish this massive dispossession through the medium of cruel and indiscriminate deportation. All of this negativity is given a smiling face by the catchy, yet vauous, Trump slogan “to make America great again.” Such a heartwarming slogan makes Trump into a kind of political alchemist transforming the base metals of xenophobic negativity into the glow that will follow from recovering a lost never existing American positive exceptionalism, which if decoded simply promises to restore a social order presided over by white men.

 

 

The Global Landscape

Looking around the world is a disquieting complement to myopic readings of these potentially earth shattering recent developments as happening only in Anglo-American political space. What seems evident is that there are throughout the planet converging trends reflecting some widely shared societal grievances coupled with a mood of disillusionment about the purported achievements and promises of democratic forms of governance. It is difficult to recall that after the Cold War a major aspect of American triumphalism was the confidence that the political embrace of American style democracy (what was then being called ‘market-oriented constitutionalism’) would spread to more and more countries in the world, and that this trend should be welcomed everywhere as an irreversible sign that a higher stage of political evolution had been reached. Bill Clinton liberals were forever talking up ‘enlargement’ (the expanding community of democratic states) while subscribing to the tenuous and vague claims of ‘democratic peace’ (the Kantian idea that democracies do not make war against one another).

 

Later George W. Bush neocons more belligerently pushed ‘democracy promotion,’ being impatient or distrustful of leaving the future to the workings of internal political dynamics and the flow of history. They held the geopolitically convenient, yet totally ahistorical, belief that military intervention would be popularly received as a liberating gift even by peoples newly freed from the shackles of European colonialism. In 2003, this commitment to coercing a democratic future was put into practice in Iraq, failing miserably and in an incredibly costly manner. Again what should be a cause for reflection is the misperception of the historical circumstances by the American establishment. This belief is abetted by the accompanying false assumption that if democracy is formally established, ex-colonial societies will docilely accept a prolonged foreign occupation of their country while continuing to endure high levels of chronic unemployment and mass poverty, a situation inflamed by national elites wallowing in luxury, having often gained their wealth by rapacious levels of corruption, rewards for serving the foreign occupiers and associated representatives of global capital.

 

 

‘It’s the System, Stupid’

 

If democratization seemed the wave of the global future as seen from the perspective of the 1990s there are now different horizons of expectation that darkly dominate the political imagination with a blending of fear, rage, and despair. What has so far emerged is a series of drastic political moves in a diverse group of countries that is cumulatively leading national governing processes in inward-looking authoritarian directions. Each national narrative can offer its own plausible explanation of such developments by focusing on the particularities of the national situation without paying much attention to external factors.

 

Yet the fact that such diverse countries share this experience of diminishing democracy and increasing authoritarianism suggests that wider systemic factors are at play. To some extent, this disturbing set of developments is disguised in the constitutional societies of the West where these trends are being validated by popular forces, that is, in full accord with the discipline and legitimacy of what might be understood as procedural democracy, that is, free and fair elections as supplemented by rivalry between political parties, a seemingly free press, referenda, legislation, judicial action, and executive initiatives that appears respectful of the constraints of the rule of law. These authoritarian outcomes should be interpreted mainly as failures of substantive democracy as obscured by the persistence of procedural democracy. This reality is beginning to be perceived by large portions of the population, especially those struggling with poverty, joblessness, and declining standards of living, although it is not articulated by reference to the substantive shortcomings of contemporary democracy. What makes this context so confusing is this tension within democracy between its procedural and substantive dimensions.

 

These substantive democratic failures of equity and performance are not generally experienced by those leading comfortable lives even if unlike earlier generations, expectations about the future at all levels of society are far less hopeful than during the last decades of the 20th century. Gone are the days when it was widely believed that children would almost certainly fare better than their parents. Those who are experiencing this sharp downturn in expectations are just now awakening to insist upon answers, and the easiest place to find them is through scapegoating. In this regard, the influx of foreign cheap labor is believed, and not always inaccurately, to exert downward pressures on wages and cause disquieting increases in the local crime rate. It also tempts many to regard the present challenges to homeland security as the work of ‘Islamic radicalism,’ while the widening gap between rich and poor is depicted as a mixture of corruption and free trade that pushes jobs out of the country to foreign labor markets with low wages, weak or no unions,lax safety and environmental regulations, and bribery as a way of life.

 

Although this shift from democratization to autocratization is being mainly experienced as a national phenomenon or as a series of distinct national dramas, the systemic aspects are crucial. An essential part of the socio-economic mixture of causes is the replacement of human labor by machine labor, a process that is accelerating via automation, and likely to increase at a geometrical pace for many years to come. As a result, a new source of chronic unemployment affecting all classes is occurring. Another aggravating feature results from migration flows escaping from war torn regions or from ecological collapse brought about by climate change. Further, the rise and manipulation of transnational terrorism and counterterrorism gives priority to the security agenda, lending support to a vast expansion of state police powers at the expense of societal autonomy and personal freedom.

 

What such developments portend is the presence of large numbers of desperate people within most national spaces who are blocked in their search for a decent life, are made to feel unnecessary and unwanted or treated, and are regarded as a burdensome democratic surplus by the established order. All that most of these persons want is social change and a recovery of their sense of societal worth, creating a frightening vulnerability to the siren calls of demagogues. Such a pattern is already visible on the global stage, although it tends to be blurred by relying on this still dominant optic of state-by-state developments that suppresses the reality of systemic pressures, and diverts attention from the kind of radical political therapy that is needed.

 

Current global trends exhibit two equally devastating approaches, which are in some settings combined. The most prevalent tendency is to mandate the state to impose order at any cost involving increasing levels of coercion, reinforced by intrusive surveillance, seeking its own legitimacy by claiming fear-mongering alarmism and through scapegoating of immigrants, Muslims, and all outsiders, those ethnically and religiously ‘other.’ A complementary tendency is associated with the demagogic arousal of populist masses that also mandate the state to carry out similar kinds of order-maintaining policies. In effect, the somewhat more cosmopolitan middle is being squeezed between the elites seeking to withstand anti-establishment politics and the aroused masses eager to smash the established order. Both sources of anti-democratic pressure favor closing borders, building walls, and deporting those whose very existence assaults nativist conceptions of the nation.

 

As previously assessed, procedural democracy is not currently much of an obstacle in the face of various populist embraces of proto-fascist political appeals that is offering aspiring demagogues a field day. The advocacy of extremist, simplistic, and violent solutions to complex problems is on the rise, and yet we should know that the present agenda of concerns cannot be effectively addressed until a structural analysis is acted upon and the neoliberal underpinning of the status quo is significantly adjusted. A correct political diagnosis would emphasize the alienating shortcomings of substantive democracy given the degree to which neoliberal capitalism is seen as responsible for accentuating inequality, corruption, and downward standards of living for the majority leaving many without adequate material security as it relates to employment, shelter, health, and education.

 

Overall as the world confronts such challenges as climate change, diminishing biodiversity, and nuclear weaponry that are cumulatively threatening humanity with catastrophe, this emergent reality of global autocracy may be the worst news of all.

On (Not) Loving Henry Kissinger

21 May

On (Not) Loving Henry Kissinger

 

There is an irony that would be amusing if it was not depressing about news that Donald Trump has been courting the 92-year old foreign policy sorcerer Henry Kissinger. Of course, the irony is that earlier in the presidential campaign Hilary Clinton proudly claimed Kissinger as ‘a friend,’ and acknowledged that he “relied on his counsel” while she served as Obama’s Secretary of State between 2009-2013. It is indeed strange that the only point of public convergence between free-swinging Trump and war-mongering Clinton should be these ritual shows of deference to the most scandalous foreign policy figure of the past century.

 

Kissinger should not be underestimated as an international personality with a sorcerer’s dark gifts. After all, he was awarded a Nobel Peace Prize in 1973 for his perverse role in Vietnam diplomacy. Kissinger had supported the war from its inception and was known as a strong proponent of the despicable ‘Christmas bombing’ of North Vietnam. He had earlier joined with Nixon in secretly extending the Vietnam War to Cambodia, incidentally without Congressional knowledge, much less authorization. This led to the total destabilization and devastation of a country that had successfully maintained its neutrality for the prior decade. It also generated the genocidal takeover by the Khmer Rouge in the 1970s resulting in the death of a third of the Cambodian population. It was notable that the Nobel had been jointly awarded to Luc Duc Tho, Kissinger’s counterpart in the negotiations, who exhibited his dignity by declining the prize, while Kissinger as shameless as ever, accepted and had an assistant deliver his acceptance speech because he was too busy to attend. Significantly, for the first time, two members of the Nobel Selection Committee resigned their position in disgust.

 

The more familiar, and more damning allegation against Kissinger, is his association with criminal violations of international law. These are convincingly set forth in Christopher Hitchens The Trial of Henry Kissinger (2001). Hitchens informed readers that he “confined himself to the identifiable crimes that can and should be placed on a proper bill of indictment.” He omitted others. Hitchens lists six major crimes of Kissinger:

            “1. The deliberate mass killing of civilian population in Indochina.

  1. Deliberate collusion in mass murder, and later in assassination in         Bangla Desh.
  2. The personal suborning and planning of murder, of a senior constitutional officer in a democratic nation—Chile—with which the United States was not at war.
  3. Personal involvement in a plan to murder the head of state in the democratic nation of Cyprus.
  4. The incitement and enabling of genocide in East Timor.
  5. Personal involvement in a plan to kidnap and murder a journalist living in Washington, DC.”

Whether the evidence available would support a conviction in an international tribunal is far from certain, but Kissinger’s association and approval of these unlawful and inhumane policies, and many others, is clear beyond reasonable doubt.

 

In some respects as damaging as these allegations of complicity in war crimes is, it is not the only reason to question Kissinger’s credentials as guru par excellence. Kissinger shares with Hilary Clinton a record of bad judgments, supporting some foreign policy initiatives that would be disastrous if enacted

and others that failed while inflicting great suffering on a foreign civilian population. In his most recent book, World Order published in 2014, Kissinger makes a point of defending his support of George W. Bush’s foreign policy with specific reference to the war of aggression undertaken in 2003. In his words, “I supported the decision to undertake regime change in Iraq..I want to express here my continuing respect and personal affection for President George W. Bush, who guided America with courage, dignity, and conviction in an unsteady time. His objectives and dedication honored his country even when in some cases they proved unattainable within the American political cycle.” [pp. 324-325] One would have hoped that such an encomium to the internationally least successful U.S. president would be a red flag for those presidential candidates turning to Kissinger for guidance, but such is his lofty reputation, that no amount of crimes or errors of judgment can diminish his public stature.

 

Kissinger first attracted widespread public attention with a book that encouraged relying on nuclear weapons in a limited war scenario in Europe, insisting that the United States could prudently confront the Soviet Union without inviting an attack on its homeland. [Nucelar Weapons and Foreign Policy (1967). As already indirectly suggested, he supported the Vietnam War, the anti-Allende coup in Chile, Indonesian genocidal efforts to deny independence to East Timor, and many other dubious foreign policy undertakings that turned out badly, even from his own professed realist perspective.

 

It is true that Kissinger has a grasp of the history of diplomacy that impresses ordinary politicians such as Trump and Clinton. True, also, he rode the crest of the wave with respect to the diplomatic opening to China in 1972 and pursued with impressive energy the negotiation of ceasefire arrangements between Israel and Egypt and Israel and Syria after the 1973 Arab-Israeli War. As well, TIME magazine had a cover featuring Kissinger dressed as superman, dubbing their hero as ‘super-K.’ There is, in this sense, no doubt that Kissinger has been a master as refurbishing his tarnished reputation over the course of decades.

 

Yet fairly considered, whether from a normative or strategic outlook, I would have hoped that Kissinger should be viewed as ‘discredited’ rather than as the most revered repository of foreign policy wisdom in this nation. Bernie Sanders struck the proper note when he said “I am proud to say that Henry Kissinger is not my friend.” And when queried by Clinton as to who he would heed, Sanders responded, “I will not take advice from Henry Kissinger.” In contrast, the words of Hilary Clinton confirm her affinity for the man: “He checked in with me regularly, sharing astute observations about foreign leaders and sending me written reports on his travels.” In fairness she did qualify this show of deference with these words: “[t]hough we have often seen the world and some of our challenges quite differently, and advocated different responses now and in the past….” This was the only saving grace in her otherwise gushing review of Kissinger’s World Order (2014) published in the Washington Post.

 

Let me offer a final comment on this shared adulation of Kissinger as the éminence grise of American foreign policy by the two likely candidates for the presidency. It epitomizes and helps explain the banality of the political discourse that has dominated the primary phases of the presidential campaign. It is hardly surprising that during this time dark clouds of despair hang heavy in the skies above the American body politic. Before either presidential hopeful even walks into the Oval Office both Trump and Clinton are viewed unfavorably by over half of all Americans, and regarded with a mixture of dismay, fear, and shock by political leaders and their publics around the world. To show obeisance to Kissinger’s wisdom and wizardry is thus emblematic of the paucity of mainstream American political imagination, and should worry all who care about the future of the country and the world.

 

 

Celebrating the Life and Legacy of Daniel Berrigan

10 May

Remembering Daniel Berrigan

 

I was privileged to know Daniel Berrigan in the last stages of the Vietnam War, not well, but well enough to appreciate his quality of moral radiance and to admire the spiritual dedication that he exhibited in opposing the Vietnam War, and later nuclearism. I also knew Dan’s brother, Phil, who shared these remarkable qualities, although Phil exuded an earthy embrace of life while Dan seem to keep his distance from quotidian pursuits by living a meditative life as a poet and devoted member of the Jesuit order, as well as being inspirational anti-war activist. In contrast, Phil gave up the priesthood to marry Elizabeth McAlister, herself a former nun and a deeply committed lifelong partner with respect to social and political engagement. Together they established Jonah House (community nonviolence center) in Baltimore that continues to serve the poor and stand for peace and justice in our society and in the world. Despite leaving the Church in a formal sense, Phil never departed from his religious vocation and Christian commitment, to help the poor and struggle against abuses of state power. As I recall when I was in contact with them, because of their parental and community responsibilities, Phil and Liz took turns engaging in the kind of political actions likely to land them in prison, both exhibiting this extraordinary willingness to sacrifice their freedom to exhibit the seriousness and depth of their engagement in the struggle against injustice and evil.

 

Actually, I knew Liz socially before she and Phil were publically together, finding her an astonishingly lively, warmly challenging, and playfully serious personality; Eqbal Ahmed was our close common cherished friend responsible for our initial meetings, and Eqbal and Liz were both Harrisburg defendants being accused of dreaming up the kidnapping caper, which was a fanciful caper that was taken seriously only by our paranoid government security services that had planted an informer in Phil’s prison cell and then proceeded to act as if phantasy was plot. At the same time, it was not so fanciful if international law was taken as seriously as it deserves to be, and the dangers of allowing Henry Kissinger to remain at large were as understood as they ought to be.

 

It is perverse how our government continues to prosecute as criminals those who are its most loyal patriots (for instance, Edward Snowden, Chelsea Manning) and rewards with the highest offices of the land and the greatest honors those who degrade the nation by rampant militarism responsible for massive suffering in distant lands.

 

My contact with Dan, Phil, and Liz, as well as other Catholic anti-war activists, resulted from my participation in several criminal trials, acting on their behalf as an expert witness. Two trials stand out in my mind—the Harrisburg 7 trial in 1971 held in Harrisburg Pennsylvania of seven defendants, including Phil and Liz (Dan was noted in the government complaint as an unindicted co-conspirator); and the Plowshares 8 case in the early 1980s that resulted from an action damaging the nose cones of the Mark 12A missile and pouring blood on documents while trespassing on the General Electric Nuclear Re-entry Division, located at King of Prussia, Pennsylvania. My main contribution was to visit Ramsey Clark in his Washington office, shortly after he had resigned at Attorney General, and persuade him to represent the Harrisburg defendants, which he did in an effective and deeply committed manner that changed him forever.

 

I also testified in both trials. My line of testimony was along two major lines: first, that it was reasonable to believe that the conduct of the Vietnam War and the development of nuclear weapons were contrary to international law; and secondly, since the Nuremberg Judgment against surviving Nazi leaders after World War II it was reasonable for individuals to believe that they had a right, and possibly, a duty, to act nonviolently in an effort to oppose internationally unlawful behavior on the part of the government.

 

It was apparent to me that the motivation for the actions undertaken by the Berrigans derived from their profound devotion to pre-Constantine Christian ethics, and was coupled with an ambivalence toward institutionalized Christianity. At the same time I felt that both Dan and Phil, in their separate styles, welcomed the legal reinforcement that my testimony attempted to provide. It overcame the widely voiced liberal objection that such disruptive behavior as burning draft cards or damaging potential nuclear weapons was unacceptable in a democratic society as it claimed the right to take the law into one’s own hands, and thus warranted indictment, prosecution, and punishment, and at best, represented ‘civil disobedience’ in the Thoreau sense of exposing the immorality of the law on the books but at the same time backing the governmental responsibility to uphold the law as it existed.

 

Reliance on international law and what I called ‘the Nuremberg obligation’ offered an objective platform upon which to rest such symbolic challenges to lawlessness on the part of the state. In effect, the defense rested on the necessity of such exceptional acts of obstruction as part of a wider effort to halt this lawlessness in view of the failure of governmental institutions to uphold what they believed the law required with respect to war and peace. In this regard, what the Berrigans did was more radical than civil obedience, contending that the government and political leaders were engaged in criminal activities that needed to be stopped by all possible nonviolent means. In this fundamental sense, what the Berrigans di should not be confused with the challenge to the morality of law mounted by Thoreau. The Nuremberg tradition provides a normative foundation for engaged citizenship, and claims that the sovereign state is itself constrained by law, which if it disobeys in matters of war and peace should politically empower citizens to act as enforcers of this higher law.

 

In a manner similar to whistleblowing, these kinds of anti-war actions undertaken by citizens should be appreciated as a populist check on war making and criminality by the state. We the people should support such defiance with gratitude and celebrate its occurrence as signs of democratic vitality and vigilance. This post-modern supplement to republican constitutionalism, distinguished by its reliance on checks and balances, seems currently more necessary than ever given the failure of Congress to fulfill its constitutional responsibility to agree upon a declaration of war as a prerequisite to lawful war making and even more so, given the regulation of recourse to war that is part of contemporary international law and is the core undertaking of the UN Charter, an international treaty, that by virtue of Article VI of the US Constitution is ‘the supreme law of the land.’ In this respect, what Dan and Phil believed with their whole being was the sacred importance of repudiating aggressive war making and reliance on weapons of mass destruction, and holding the state and its representatives, including in relation to their own country, fully accountable if they fail to uphold and respect obligations under international law. This is their moral, political, and legal legacy that should be reminding all of us that passivity in a constitutional democracy should be condemned as a form of lethal complicity in the nuclear age. That such a message seems ‘radical’ is itself a sign of democratic entropy and fatigue. The degree to which the citizenry of this country has been pacified at the very moment when it desperately needs to be awake and vigilant should alarm us all.

 

In these respects, honoring our remembrance of Daniel Berrigan, including being attentive to his poetry that was an organic dimension of his moral and spiritual witnessing, is both a gift and a challenge. What I find most enduring about the lives of the Berrigan brothers is its call to all of us to act as engaged citizens if we want to save our planet from depravities of war, injustice, and avoidable ecological collapse.

 

By highlighting the significance of Dan’s personal resistance to abuses of state power, I would not want to leave the impression that this signified all that made him special. Even aside from such public contributions, it was apparent to all whom Dan touched in the course of his long life that he was an exceptional human being, transparent in moral and spiritual coherence, mindful in his attentiveness to the suffering and wellbeing of others, a powerful and unforgettably vivid and loving presence, a challenge to our daily complacency. In the end, I will keep remembering Dan and Phil as an inspiration and as a challenge, as well as appreciating Liz for all that she continues to achieve by way of spiritual community.

Slouching Toward Global Disaster: Chaos and Intervention in the Middle East  

22 Dec

 

The Geopolitical Foreground

 

There are many disturbing signs that the West is creating conditions in the Middle East and Asia that could produce a wider war, most likely a new Cold War, containing, as well, menacing risks of World War III. The reckless confrontation with Russia along its borders, reinforced by provocative weapons deployments in several NATO countries and the promotion of governing regimes hostile to Russia in such countries as Ukraine and Georgia seems to exhibit Cold War nostalgia, and is certainly not the way to preserve peace.

 

Add to this the increasingly belligerent approach recently taken by the United States naval officers and defense officials to China with respect to island disputes and navigational rights in the South China Seas. Such posturing has all the ingredients needed for intensifying international conflict, giving a militarist signature to Obama’s ‘pivot to Asia.’

 

These developments are happening during the supposedly conflict averse Obama presidency. Looking ahead to new leadership, even the most optimistic scenario that brings Hilary Clinton to the White House is sure to make these pre-war drum beats even louder. From a more detached perspective it is fair to observe that Obama seems rather peace-oriented only because American political leaders and the Beltway/media mainstream have become so accustomed to relying on military solutions whether successful or not, whether dangerous and wasteful or not, that is, only by comparison with more hawkish alternatives.

 

The current paranoid political atmosphere in the United States is a further relevant concern, calling for police state governmental authority at home, increased weapons budgets, and the continuing militarization of policing and law enforcement. Such moves encourage an even more militaristic approach to foreign challenges that seem aimed at American and Israeli interests by ISIS, Iran, and China. Where this kind of war-mongering will lead is unknowable, but what is frighteningly clear is that this dangerous geopolitical bravado is likely to become even more strident as the 2016 campaign unfolds to choose the next American president. Already Donald Trump, the clear Republican frontrunner, has seemed to commit the United States to a struggle against all of Islam by his foolish effort to insist that every Muslim is terrorist suspect Islam as a potential terrorist who should be so treated. Even Samuel Huntington were he still alive might not welcome such an advocate of ‘the clash of civilizations’!

 

 

 Historical Deep Roots

 It has taken almost a century for the breakup of the Ottoman Empire to reap the colonialist harvest that was sown in the peace diplomacy that followed World War I. In the notorious Sykes-Picot Agreement diplomats of England and France in 1916 secretly negotiated arrangements that would divide up the Middle East into a series of artificially delimited territorial states to be administered as colonies by the respective European governments. Among other wrongs, this devious undertaking representing a betrayal of promises made to Arab leaders that Britain, in particular, would support true independence in exchange for joining the anti-Ottoman and anti-German alliance formed to fight World War I. Such a division of the Ottoman spoils not only betrayed wartime promises of political independence to Arab leaders, but also undermined the efforts of Woodrow Wilson to apply the principle of ethnic self-determination to the Ottoman aftermath.

 

As a result of diplomatic maneuvers the compromise reached at Versailles in 1919 was to accept the Sykes-Picot borders that were drawn to satisfy colonial ambitions for trade routes and spheres of influence, but to disguise slightly its colonialist character, by creating an international system of mandates for the Middle East in which London and Paris would administer the territories, accepting a vague commitment to lead the various societies to eventual political independence at some unspecified future time. These Sykes-Picot ‘states’ were artificial political communities that never overcame the indigenous primacy of ethnic, tribal, and religious affinities, and could be maintained as coherent political realities only by creating oppressive state structures. If World War II had not sapped European colonial will and capabilities, it is easy to imagine that the societies of the Middle East would remain subjugated under mandate banners.

 

After World War II

 

Is it any wonder, then, that the region has been extremely beset by various forms of authoritarian rule ever since the countries of the Middle East gained their independence after the end of the Second World War? Whether in the form of dynastic monarchies or secular governments, the stability that was achieved in the region depended on the denial of human rights, including rights of democratic participation, as well as the buildup of small privileged and exploitative elites that linked national markets and resources to the global economic order. And as oil became the prime strategic resource, the dominance of the region became for the West led by the United States as absolutely vital. From these perspectives the stable authoritarianism of the region was quite congenial with the Cold War standoff between the United States and Soviet Union that was interested in securing strategic and economic partnerships reflecting the ideological rivalries, while being indifferent to whether or not the people were being victimized by abusive and brutal governments.

 

The American commitment to this status quo in the Middle East was most vividly expressed in 1980 after the Soviet intervention in Afghanistan and the Iranian Revolution of the prior year by the enunciation of the Carter Doctrine. President Carter in his State of the Union Address was warning the Soviet Union by a strong diplomatic signal that the United States was ready to defend its interests in the Persian Gulf by force, which because of supposed Soviet superiority in ground warfare was understood at the time as making an implied threat to use nuclear weapons if necessary.

 

After the Cold War

 When the Cold War ended, the United States unthinkingly promoted the spread of capitalist style constitutional democracy wherever it could, including the Middle East. The Clinton presidency (1992-2000) talked about the ‘enlargement’ of the community of democratic states, implying that any other political option lacked legitimacy (unless of course it was a friendly oil producer or strategic ally). The neocon presidency of George W. Bush (2000-2008) with its interventionist bent invoked ‘democracy promotion’ as its goal, and became clear in its official formulation of security doctrine in 2002 that only capitalist democracies were legitimate Westphalian states whose sovereign rights were entitled to respect.

 

This kind of strident militarism reached a new climax after 9/11. The White House apparently hoped to embark on a series regime-changing interventions in the Middle East and Asia with the expectation of producing at minimal cost shining examples of liberation and democratization, as well as secure the Gulf oil reserves and establish military bases to undergird its regional ambitions. The attacks on Afghanistan, and especially Iraq, were the most notorious applications of this misguided approach. Instead of ‘democracy’ (Washington’s code word for integration into its version of neoliberal globalization), what emerged was strife and chaos, and the collapse of stable internal governance. The strong state that preceded the intervention gave way to localized militias and resurgent tribal, clan, and religious rivalries leading domestic populations to wish for a return to the relative stability of the preceding authoritarian arrangements, despite their brutality and corruption. And even in Washington one encounters whispered admissions that Iraq was better off, after all, under Saddam Hussein than under the kind of sectarian and divisive leaders that governed the country since the American occupation began in 2003, and now threaten Iraq with an implosion that will produce at least two states replacing the shattered one.

 

 

 The Arab Spring

 Then came the Arab Spring in 2011 creating an awkward tension between the professed wish in Washington for democracy in the Arab world and the overriding commitment to upholding strategic interests throughout the Middle East. At first, the West reacted ambivalently to the Arab uprisings, not knowing whether to welcome, and then try to tame, these anti-authoritarian movements of the Arab masses or to lament the risks of new elites that were likely to turn away from neoliberal capitalism and strategic partnerships, and worst of all, might be more inclined to challenge Israel.

 

What happened in the years that followed removed the ambiguity, confirming that material and ideological interests took precedence over visionary endorsements of Arab democracy. The reality that emerged indicated that neither the domestic setting nor the international context was compatible with the existence of democratic forms of governance. What unsurprisingly followed was a series of further military interventions and strategic confrontations either via NATO as in Libya or by way of its regional partners, Saudi Arabia, Qatar, and the United Arab Emirates as in Iran, Syria, Bahrain, and Yemen. With few tears shed in Washington, the authentic and promising democratic beginnings in Egypt that excited the world in the aftermath of the 2011 Tahrir Square were crushed two years later by a populist military coup that restored Mubarak Era authoritarianism, accentuating its worst features. What amounted to the revenge of the urban secular elites in Cairo included a genuine bonding between a new majority of the Egyptian people and its armed forces in a bloody struggle to challenge and destroy the Muslim Brotherhood that had taken control of the government by winning a series of elections. Despite its supposed liberalism the Obama leadership played along with these developments. It obliged the new Sisi-led leadership by avoiding the term ‘coup’ although the military takeover was followed by a bloody crackdown on the elected leadership and civil society leadership. This Orwellian trope of refusing to call a coup by its real name enabled the United States to continue military assistance to Egypt without requiring a new Congressional authorization.

 

The folk wisdom of the Arab world gives insight into the counterrevolutionary backlash that has crushed the populist hopes of 2011: “People prefer 100 years of tyranny to a single year of chaos.” And this kind of priority is shared by most of those who make and manage American foreign policy. Just as clearly as the Arab masses, the Pentagon planners prefer the stability of authoritarianism to the anarchistic uncertainties of ethnic and tribal strife, militia forms of governance that so often come in the wake of the collapse of both dictatorial rule and democratic governance. And the masters of business and finance, aside from the lure of post-conflict markets for the reconstruction of what has been destroyed militarily, prefer to work with dependable and familiar national elites that welcome foreign capital on lucrative terms that benefit insiders and outsiders alike, while keeping the masses in conditions of impoverished thralldom.

 

In many respects, Syria and Iraq illustrate the terrible human tragedies that have been visited on the peoples of these two countries. In Syria a popular uprising in 2011 was unforgivably crushed by the Basher el-Assad regime in Damascus, leading to a series of disastrous interventions on both sides of the internal war that erupted, with Saudi Arabia and Iran engaged in a proxy war on Syrian soil while Israel uses its diplomatic leverage to ensure that the unresolved war would last as long as possible as Tel Aviv wanted neither the regime nor its opponents to win a clear victory. During this strife, Russia, Turkey, and the United States were intervening with a bewildering blend of common and contradictory goals ranging from pro-government stabilization to a variety of regime changing scenarios. These external actors held conflicting views of the Kurdish fighters as either coveted allies or dangerous adversaries. In the process several hundred thousand Syrians have lost their lives, almost half the population have become refugees and internally displaced persons, much of the country and its ancient heritage sites devastated, and no real end of the violence and devastation is in sight.

 

The Iraq experience is only marginally better. After a dozen years of punitive sanctions following the 1991 ceasefire that exacted a heavy toll on the civilian population, the ‘shock and awe’ of US/UK attacks of 2003, an occupation began that rid the country of its cruel and oppressive leader, Saddam Hussein, and his entourage. What followed politically became over time deeply disillusioning, and actually worse than the overthrown regime, which had been hardly imaginable when the American-led occupation began. The Iraqi state was being reconstructed along sectarian lines, purging the Sunni minority elites from the Baghdad bureaucracy and armed forces, thereby generating a widespread internal violent opposition against foreign occupation and a resistance movement against the Iraqi leadership that had gained power with the help of the American presence. This combination of insurgency and resistance also gave rise to widespread feelings of humiliation and alienation, which proved to be conducive to the rise of jihadi extremism, first in the form of al-Qaeda in Iraq and later as ISIS.

 

Toxic Geopolitics 

It is impossible to understand and explain such a disastrous failure of military interventionism without considering the effects of two toxic ‘special relationships’ formed by the United States, with Israel and Saudi Arabia. The basic feature of such special relationships is an unconditional partnership in which the Israelis and Saudis can do whatever they wish, including pursuing policies antagonistic to U.S. interests without encountering any meaningful opposition from either Washington or Europe. This zone of discretion has allowed Israel to keep Palestinians from achieving self-determination while pursuing its own territorial ambitions via constantly expanding settlements on occupied Palestinian territory, fueling grassroots anti-Western sentiment throughout the Arab world because of this persisting reliance on a cruel settler colonialist approach to block for seven decades the Palestinian struggle for fundamental and minimal national rights.

 

The special relationship with Saudi Arabia is even more astonishing until one considers the primacy of economic strategic priorities, especially the importance of oil supplied at affordable prices. Having by far the worst human rights record in the region, replete with judicially decreed beheadings and executions by stoning, the Riyadh leadership continues to be warmly courted in Western capitals as allies and friends. At the same time, equally theocratic Iran is hypocritically bashed and internationally punished in retaliation for its far less oppressive governing abuses.

 

Of course, looking the other way, is what is to be expected in the cynical conduct of opportunistic geopolitics, but to indulge the Saudi role in the worldwide promotion of jihadism while spending trillion on counter-terrorism is much more difficult to fathom until one shifts attention from the cover story of counter-terrorism to the more illuminating narrative of petropolitics. Despite fracking and natural gas discoveries lessening Western dependence on Middle Eastern oil, old capitalist habits persist long after their economic justifications have lapsed and this seems true even when such policies have become damaging in lives and financial burdens.

 

Finding Hope is Difficult

 In such circumstances, it is difficult to find much hope in the current cosmodrama of world politics. It is possible, although unlikely, that geopolitical sanity will prevail to the extent of finding a diplomatic formula to end the violence in Syria and Yemen, as well as to normalize relations with Iran, restore order in Iraq and Libya, although such sensible outcomes face many obstacles, and may be years away. The alternatives for the Middle East in the near future, barring the political miracle of a much more revolutionary and emancipatory second Arab Spring, seems to be authoritarian stability or anarchic strife and chaos, which seems far preferable if the alternative is the deep trauma associated with enduring further American military interventions. If you happen to hear the Republican candidates give their prescriptions for fixing the Middle East it comes down to ‘toughness,’ including the scary recommendations of ‘carpet bombing’ and a greatly heightened American military presence. Even the more thoughtful Democrats limit their proposals to enhanced militarism, hoping to induce the Arab countries to put ‘the boots on the ground’ with nary a worry about either igniting a regional war or the imaginative collapse that can only contemplate war as the recipe for peace, again recalling the degree to which Orwellian satiric irony is relied upon to shape foreign policy prescriptions by ambitious politicians. Imaginative diplomacy, talking and listening to the enemy, and engaging in self-scrutiny remains outside the cast iron cage of the military mentality that has long dominated most of the political space in American foreign policy debates with the conspicuous help of the passive aggressive mainstream media. In this respect, American democracy is a broken reality, and conscientious citizens must look elsewhere as a prison break of the political imagination is long overdue.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

12 Sep

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

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

 

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

10 Sep

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

 

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

 

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

 

 

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

 

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

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

8 Sep

 

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


 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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