Tag Archives: nuclear weapons

NAPF: To Rid the World of Nuclear Weapons

24 Jan

 

[Prefatory Note: The statement below was drafted and endorsed by participants in a symposium held in Santa Barbara, CA in October 2017 under the auspices of the Nuclear Age Peace Foundation. It brought together for two days of discussion some leading peace thinkers and activists, many of whom are listed in the note at the end of the text. I have long been associated with NAPF, and took part in the symposium. The discussions started from several premises: that the dangers of nuclear weapons are real, and increasing; that the public in this country, and around the world is oblivious to these dangers; that it is feasible to achieve total nuclear disarmament by way of negotiated treaty that proceeds by stages with reliable mechanisms for assessing compliance and with provision for responses in the event of non-compliance; that nuclear weapons states, especially the United States, have obstructed all efforts to achieve nuclear disarmament; that the International Court of Justice issued an Advisory Opinion in 1996 that unanimously concluded that nuclear weapons states had a good faith treaty obligation to seek disarmament with a sense of urgency.

 

[Significantly, since the symposium was held the President of China, Xi Jinping, speaking on January 18th at Davos during the World Economic Forum, indicated in the course of his remarks that “nuclear weapons should be completely prohibited and destroyed over time to make the world free of nuclear weapons.” If this assertion is followed up by credible efforts it could create new opportunities to move forward toward the goal of nuclear zero. Barack Obama early in his presidency made a widely acclaimed speech in Prague endorsing the vision of a world without nuclear weapons, but during his presidency he was unable to convert his visionary rhetoric into a meaningful political project. It may take a movement of people around the world to overcome the inertia, complacency, and entrenched interests that have for decades insulated nuclear arsenals from all efforts to rid the world of the menace of nuclear war.]

 

NUCLEAR AGE PEACE FOUNDATION

 

Committed to a world free of nuclear weapons

wagingpeace.org

THE FIERCE URGENCY OF NUCLEAR ZERO*

Humanity and the planet face two existential threats: environmental catastrophe and nuclear annihilation. While climate change is the subject of increasing public awareness and concern, the same cannot be said about growing nuclear dangers arising from worsening international circumstances. It’s time again to sound the alarm and mobilize public opinion on a massive scale. Our lives may depend on it.

 

More than a quarter of a century since the end of the Cold War, some 14,900 nuclear weapons, most an order of magnitude more powerful than the Hiroshima and Nagasaki bombs, 93% held by the U.S. and Russia, continue to pose an intolerable and increasing threat to humanity and the biosphere. Recent studies by atmospheric scientists show that a nuclear war between India and Pakistan involving 100 Hiroshima‐size atomic bombs dropped on cities could produce climate change unprecedented in recorded human history. A drop in average surface temperatures, depletion of the ozone layer, and shortened agricultural growing seasons would lead to massive famine and starvation resulting in as many as two billion deaths over the following decade. A full‐scale nuclear war between the U.S. and Russia would result in a “Nuclear Winter,” triggering a new Ice Age and ending most complex life on the planet.

 

The danger of wars among nuclear‐armed states is growing. There is hope that such wars can be avoided, but that hope, while the essential basis of action, is not sufficient to end the nuclear threat facing humanity and complex life on this planet. Hope must give rise to action.

 

The United States is poised to spend one trillion dollars over the next 30 years to modernize its nuclear bombs and warheads, the submarines, missiles and bombers to deliver them, and the infrastructure to sustain the nuclear enterprise indefinitely. The other nuclear‐armed countries – Russia, the United Kingdom, France, China, Israel, India, Pakistan and North Korea – are modernizing their nuclear arsenals as well.

 

 

RISING TENSIONS

 

Tensions between the United States/NATO and Russia have risen to levels not seen since the Cold War, with the two nuclear giants confronting each other in Ukraine, Eastern Europe, and Syria, and an accelerated tempo of military exercises and war games, both conventional and nuclear, on both sides.

 

The U.S., the only nation with nuclear weapons deployed on foreign soil, is estimated to have 180 nuclear weapons stationed at six NATO bases in Belgium, Germany, Italy, the Netherlands, and Turkey. In June 2016, the largest NATO war games in decades were conducted in Poland. The exercises came weeks after activating a U.S. missile defense system in Romania and ground breaking for another missile defense system in Poland. Russian President Vladimir Putin warned that there would be “action in response to guarantee our security.” In October 2016, Russia moved nuclear‐capable Iskander missiles into the Kaliningrad territory bordering Poland and Lithuania, signaling its response to NATO, while claiming it was a routine exercise. Russian officials have previously described the role that the 500 km‐range Iskander system would play in targeting U.S. missile defense installations in Poland. In mid-December 2016, the Obama administration announced plans to deploy troops in Poland, the Baltic states and Romania. According to the U.S. Commander, this would send “the very powerful signal” that “the United States, along with the rest of NATO, is committed to deterrence.” In Syria, with perhaps the most complex war in history raging, the U.S., Russia and France are bombing side-by side and sometimes on opposing sides.

 

Adding to the conflicts among nuclear-armed states, the U.S., with its “pivot” to the Pacific, is facing off against China in seas where other Asian nations are contesting Chinese territorial claims. India and Pakistan remain locked in a nuclear arms race amid mounting diplomatic tensions, border clashes and rising military budgets. And North Korea, refusing to heed strong international condemnation, continues to conduct nuclear weapons tests. It has even announced an intention to test an intercontinental ballistic missile capable of reaching the United States.

 

These potential nuclear flashpoints are ripe for escalation. An accidental or intentional military incident could send the world spiraling into a disastrous nuclear confrontation. A great danger is that the rulers of one nuclear-armed state will miscalculate the interests and fears of another, pushing some geopolitical gambit to the point where economic pressures, covert actions, low-intensity warfare and displays of high-tech force escalate into regional or general war. This vulnerability to unintended consequences is reminiscent of the circumstances that led to World War I, but made more dangerous by U.S. and Russian policies of nuclear firstuse, keeping nuclear weapons on hair-trigger alert, and launch-on-warning.

 

 

 

THE TRUMP PRESIDENCY

 

During the Presidential campaign, Donald Trump’s nuclear weapons rhetoric was cavalier, suggesting deepignorance. No one knows what he’ll do in office, but U.S. national security policy has been remarkably consistent in the post-World War II and post-Cold War eras, despite dramatically changed geopolitical conditions and very different presidential styles. The threatened use of nuclear weapons as the “cornerstone” of U.S. national security policy has been reaffirmed by every President, Republican or Democrat, since 1945, when President Harry Truman, a Democrat, oversaw the atomic bombings of Hiroshima and Nagasaki. According to the Trump transition website: “Mr. Trump will ensure our strategic nuclear triad is modernized to ensure it continues to be an effective deterrent….” This is essentially a continuation of the Obama administration’s policy. Trump’s ominous December 22, 2016 tweet – “The United States must greatly strengthen and expand its nuclear capability until such time as the world comes to its senses regarding nukes”– seemed to indicate an intention to increase the level of reliance on the nuclear threat. While Trump’s conciliatory tone towards Russia offers a glimmer of hope for lowering tensions between the two nuclear-armed giants, the firestorm raging around U.S. government assertions that Russia manipulated the U.S. election to help Trump win have immeasurably compounded the difficulties in predicting what will happen next. Trump’s stated aim to tear up the Iran nuclear deal reveals his deficient understanding of international relations, indicating a lack of awareness that this is a multilateral agreement involving all five permanent members of the Security Council plus Germany, and that Russia and Iran are engaged in cooperative military operations, including against ISIS. Trump’s belligerent attitude toward China, a strategic ally of Russia, and his threat to upend the decades-long U.S. “one China” policy, is another cause for serious concern. In his farewell address to the nation in 1961, President Dwight Eisenhower warned: “In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.” An earlier version of his warning referred to the “military-industrial-congressional complex.”

 

We now face the likelihood of a far more military-industrial Presidential cabinet. The specter of a Trump presidency with a right-wing Republican House and Senate, as well as a compliant Supreme Court, is chilling to an unprecedented degree. Trump’s appointments and nominations of reactionary, hardliner ex-generals, billionaire heads of corporations, and climate-change deniers are cause for grave concern in both the domestic and foreign policy arenas.

 

The Cold War concept of “strategic stability” among great powers, although itself never an adequate basis for genuine international security, is foundering. The Cold War and post-Cold War managerial approach to arms control must be challenged. Addressing nuclear dangers must take place in a much broader framework, takinginto account the interface between nuclear and non-nuclear weapons and militarism in general, the humanitarian and long-term environmental consequences of nuclear war, and the fundamental incompatibility of nuclear weapons with democracy, the rule of law, and human well-being.

 

 

GROWING CRISES

 

In 2009, former Soviet President Mikhail Gorbachev warned, “Military superiority would be an insurmountable obstacle to ridding the world of nuclear weapons. Unless we discuss demilitarization of international politics, the reduction of military budgets, preventing militarization of outer space, talking about a nuclear-free world will be just rhetorical.” Nuclear arms control has ground to a halt and the world is backsliding. The growing crises among nuclear armed states must be defused and disarmament efforts put back on track. Nothing is more important now than to counter the notion that collaborative security with Russia is to be regarded as treasonous or somehow more dangerous than confrontational geopolitics. Peace is an imperative of the Nuclear Age. Starting with the U.S. and Russia, the nuclear-armed states must sit down at the negotiating table and begin to address Gorbachev’s agenda.

 

It is essential at this time to assert the credibility and the necessity of a transformational approach to nuclear disarmament. We should do our utmost to marshal public discourse to counter the militarization of governments’ imaginations. The use of military force should always be the last option, not just in rhetoric, but in diplomatic practice. There has never been a greater need for imaginative diplomacy. The cycle of provocation and response must be halted. Nuclear threats must cease. Nuclear weapons modernization programs must be terminated. Military exercises and war games must be curtailed and conducted with great sensitivity to geopolitical conditions. The U.S. should withdraw its nuclear weapons from NATO bases and, at a minimum, stop NATO expansion and provocative deployments. Policies of nuclear first-use, hair-trigger alert, and launch-on-warning must be ended. In the longer term, military alliances should be dismantled and replaced by a new collective security paradigm. All nations, first and foremost the U.S., by far the largest weapons exporter, should stop the sale and supply of arms to conflict regions.

 

CHANGING THE DISCOURSE

 

Changing the discourse involves both language and processes. We need to take seriously our human role as stewards of the earth and talk about nuclear dangers in terms of potential omnicide. Nuclear weapons are incompatible with democracy. They place vast unaccountable power in a few leaders’ hands, unchecked by the millions of voices that true democracy depends on. We must reject notions of U.S. exceptionalism that exempt this country from respect for the rule of law and the authority of the United Nations. Further, we must revitalize the U.S. Constitution by reintroducing checks and balances into decision‐making about war and peace. Indeed, much of the world does seem to be coming to its senses regarding nuclear weapons. Deeply frustrated by the lack of progress on nuclear disarmament, in December 2016 the United Nations General Assembly voted by a large majority to hold negotiations in 2017 on a treaty prohibiting nuclear weapons, leading to their elimination. The vote represents an historic global repudiation of the nuclear weapons status quo among the vast majority of non‐nuclear weapons states. None of the nine nuclear‐armed nations supported the resolution, and it is unlikely that any nuclear‐armed states will participate in the negotiations.

 

To realize the full value of a “ban” treaty, we must demand that the nuclear‐armed states recognize the existing illegality of the threat or use of nuclear weapons under international law protecting civilians and the environment from the effects of warfare. The governments of these states must finally act to meet their disarmament obligations under Article VI of the nuclear Non‐Proliferation Treaty and customary international law, and participate in good faith in the negotiations as unanimously mandated by the International Court of Justice in its 1996 Advisory Opinion. The media have narrowed the boundaries of debate, and the public has virtually no feasible means to engage decision‐makers on disarmament imperatives. Yet the need for such discourse has never been more urgent. We reject the apocalyptic narrative and summon the imaginations of people everywhere to envision a vastly different future. There is no inevitability to the course of history, and a mobilized citizenry can redirect it toward a positive future.

 

 

 

 

AN ETHICAL IMPERATIVE

 

There exists an ethical imperative to work for the elimination of nuclear weapons. The survival of the human species and other forms of complex life requires acting upon this imperative. We will need to successfully reach out to constituencies and organizations outside the peace and disarmament sphere to inspire and engage millions, if not tens of millions, of people. Education and engagement of both media and youth will be

critical for success. Hope must be joined with action if we are to abolish nuclear weapons before they abolishus. The alarm is sounding.

 

*******************************************************************

 

 

*This document reflects the discussions at the symposium “The Fierce Urgency of Nuclear Zero: Changing the Discourse,” held in Santa Barbara, California, on October 24‐25, 2016, and also takes into account the changed political landscape in the U.S. following the election of Donald Trump, which occurred two weeks after the symposium.

 

Endorsers of this statement include: Rich Appelbaum, Jackie Cabasso, Paul K. Chappell, Noam Chomsky, Daniel Ellsberg, Richard Falk, Mark Hamilton, Kimiaki Kawai, David Krieger, Peter Kuznick, Robert Laney, Judith Lipton, Elaine Scarry, Jennifer Simons, Daniel U. Smith, Steven Starr, and Rick Wayman. The symposium was sponsored and organized by the Nuclear Age Peace Foundation.

 

A full list of symposium participants, along with videos, audio and transcripts of presentations, are available at

 

http://www.wagingpeace.org/symposium‐fierce‐urgency.

January 20, 2017

The Enigma that was Shimon Peres

29 Sep

Responses to Interview Questions on Shimon Peres

(from Rodrigo Craveiro of Correio Braziliense, Brasilia)

 

[Prefatory Note: the text that follows is derived from an interview yesterday with an important Brazilian newspaper. I have retained the questions posed by the journalist, but expanded and reframed my responses. The death of Shimon Peres is the last surviving member of Israel’s founding figures, and in many ways a fascinating political personality, generating wildly contradictory appraisals. My own experience of the man was direct, although rather superficial, but it did give me greater confidence to trust my reservations about his impact and influence, which collides with the adulation that he has inspired among American liberals, in particular.]

 

  • 1) What is the main legacy of president Shimon Peres, in your point of view?

Shimon Peres leaves behind a legacy of a long public life of commitment to making Israel a success story, economically, politically, diplomatically, and even psychologically. He is being celebrated around the world for his intelligence, perseverance, and in recent decades for his public advocacy of a realistic peace with the Palestinians. I believe he lived an impressive and significant life, but one that was also flawed in many ways. He does not deserve, in my opinion, the unconditional admiration he is receiving, especially from the high and mighty in Europe and North America. Underneath his idealistic rhetoric was a tough-minded and mainstream commitment to Zionist goals coupled with an expectation that the Palestinians, if sensible, would submit graciously to this reality, and if not, deservedly suffer the consequences of abuse and harm. He was never, contrary to his image, a supporter of an idealistic peace based on recognizing the equality of the Palestinian people, acknowledging the wrongs of the nakba and the Palestinian ordeal that followed, and in creating a sustainable peace that included realizing Palestinian rights as defined by international law.

* 2) Do you believe Peres was ever close to obtaining a definitive peace deal with Palestinians? What did it get wrong?

In my view, Peres never even wanted to reach a sustainable peace agreement with the Palestinians, but he fooled many people, including the committee in Oslo that selects the winner of the Nobel Peace Prize. He was unyielding in his refusal to grant Palestinians dispossessed in 1948 any right of return. He early favored, in fact helped initiate, and never really confronted the settlement movement as it encroached upon the West Bank and East Jerusalem. He consistently pretended to be more peace-oriented than he was except when it served his purposes to seem war-like. I share the assessment made by Marc H. Ellis, the highly respected and influential dissident Jewish thinker, that aside from the exaggerated praise he is receiving, Peres will be more accurately remembered, especially by Palestinians, as an enabler of “a narrative of Jewish innocence and redemption that was always much more sinister from the beginning.” When Peres’ political ambitions made it opportune for him to be militarist, he had little difficulty putting ‘peace’ to one side and embarking on hawkish policies of destructive fury such as the infamous attack on Qana (Lebanon) in April 1996, apparently with the design of improving his electoral prospects, which in any event turned out badly. What seems generally accurate is the view that Peres believed the Israel would evolve in a more secure and tranquil manner if it achieved some kind of peace with Palestine, thereby the conflict to a negotiated end. Yet the peace that Peres favored was always filtered through a distorting Zionist optic, which meant that it was neither fair nor balanced, and was unlikely to last even if some such arrangement were to be swallowed in despair at some point by Palestinian leaders. To date, despite many attempted entrapments, the Palestinians have avoided political surrender beneath such banners of ‘false peace’ that have adorned the diplomatic stage from time to time. The Oslo diplomacy came close to achieving a diplomatic seduction, yet its ‘peace process’ while helpful for Israel’s expansionist designs never was able to deliver, as it promised, an end to the conflict in a form that met Israel’s unspoken priorities for territorial gains, a legitimated Jewish state, and a permanently subordinated Palestinian existence.

 

 

  • 3) Have you ever had chance of talking directly with him? If yes, what could you tell us on his personality?

I had small dinners with Peres on two separate occasions, and attended a couple of larger events where he was the guest of honor. Both of these dinners took place in New York City more than twenty years ago. I was impressed by Peres’ intelligence and social skills, but also by his arrogant and insensitive Israeli nationalism and his unanticipated interest at the time in promoting a strategic alignment with US global and regional policies in the Middle East, which he expressed in think tank militarist terms when he regarded himself as among friends. I remember, in particular, his advocacy, then way ahead of unfolding events, of the feasibility of achieving close strategic partnerships among Israel, Saudi Arabia, and the United States. His premise, which has proved correct, was that these three political actors shared common interests in regional security and the political established order that would take precedence over supposedly antagonistic ideological goals and ethical values. Peres believed that these countries were natural allies bound by mutual interests, an outlook that exhibited his geopolitically driven political mentality. Peres also seemed always to make it clear in private settings that he was not seen as naïve, and frequently made the point that the Middle East was not Scandinavia. I heard him speak in 1993 one time at Princeton shortly after the famed handshake on the White House lawn between Rabin and Arafat. On that occasion he made it clear that the ‘Palestinians’ were ‘Arabs,’ and accordingly it would be appropriate for the 22 Arab countries to absorb the Palestinian refugees rather than expect this burden to fall on Israel’s shoulders. Beyond this, he indicated his hopes for normalization in the Middle East that would benefit both Israel and the Arab countries, which he visualized by a metaphor I found racist at the time: Israel would supply the brains, while the Arab would supply the brawn, and the combination would be a productive regional body politic.

 

 

* 4) Do you think Shimon Peres was one of the most dedicated Israeli leaders to achieving a two state solution? Why?

 

I am not sure about the true nature of Peres’ commitment to a two state solution, although I felt his public offerings were often manipulative toward the Palestinians and were put forward in a disarming manner as if responsive to reasonable Palestinian expectations. Underneath the visionary rhetoric, Peres acted as if Israel’s diplomatic muscle gave it the opportunity to offer the Palestinians a constrained state that would end the conflict while leaving Israel with indirect and no longer contested control of a disproportionate share of historic Palestine. As is typical for political realists, Peres exaggerated the capacity of military might to prevail over political resolve. He has been so far wrong about attaining Israel’s goal of a controlled peace ever being achievable, underestimating Palestinian nationalism and its insistence that peace be based on the equality of the two peoples. Part of why Peres was so appreciated internationally is that his language and vision tended to be outwardly humanistic, and thus contrasted with the far blunter approaches associated with many recent politicians in Israel, and most notably with Bibi Netanyahu. Only by such a comparison can Peres be genuinely considered as ‘a man of peace.’ But this image, however much polished, does not capture the essence of this complicated, contradictory, and talented political personality. As suggested earlier, Peres is probably best understood as a geopolitical realist who believed in maximizing Israeli military power, and not only for defensive purposes, but to give the country the capacity to impose its will on the outcome of the conflict, and to exert unchallenged influence over the entire region. It should not be forgotten that Peres initially became prominent decades ago as a leading overseas procurer of weapons for Israel and later as the political entrepreneur of Israel’s nuclear weapons program, which included persuading France to give assistance that violated its commitments as a party to the Nonproliferation Treaty. As well, on occasion, for the sake of his political ambitions when in or aspiring to high office, Peres supported and was responsible for very aggressive military retaliatory strikes against Palestinian communities that caused heavy casualties among innocent civilians.

Peres was always very useful for the West: an ally and someone who presented a hopeful, moderate, and peace-oriented outer look that was presented as exhibiting the soul of Israel, a moral energy trying forever to free the country from the birth pains of its violent emergence. The Economist unintentionally illustrated Peres’ witty cynicism that also came across in personal encounters: “There are two things that cannot be made without closing your eyes, love and peace. If you try to make them with open eyes, you won’t get anywhere.” The august magazine offered this to show off Peres’ wisdom, but I take it as summarizing his deeply suspect view of real peace, or for that matter, of real love.

 

It is not surprising, yet still symbolically disappointing, that President Barack Obama unreservingly exalts Shimon Peres, and is making the symbolic pilgrimage to Israel to take part in the funeral service honoring his life. If Peres’actual political impact is taken into account, his words of excessive tribute to Peres should haunt Obama if he were exposed to the other side of Peres, the so-called ‘father of the settlement movement,’ ‘the butcher of Qana,’ ‘the man behind Israeli nuclear weapons’: “A light has gone out, but the hope he gave us will burn forever. Shimon Peres was a soldier for Israel, for the Jewish people, for justice, for peace and for the belief that we can be true to our best selves – to the very end of our time on Earth and to the legacy that we leave to others.”

 

 

As with Obama’s recent disturbingly positive public statement of farewell to Netanyahu at the UN, the departing president seems overly eager to create a final, formal impression of unconditional solidarity with Israel, an attitude reinforced in these instances by showing only the most nominal concern for the ongoing Palestinian ordeal. One can only wonder what became of the outlook contained in Obama’s much heralded 2009 speech in Cairo that viewed Israel/Palestine in a more balanced way and promised to turn a new page in relations between the United States and the Middle East. It does not require a historian to remind ourselves that Israel wasted little time in mobilizing its lobbying forces to pour scorn on such a revisioning of policy inducing Obama to back down in an awkward and politically costly manner. Perhaps, this ‘reset’ can be justified as a practical move by Obama in the interest of governing, but why now when the tides of political pressure have relented and after so much experience of Netanyahu, does Obama want to be regarded more than ever as Israel’s staunch friend rather than as someone who was so often obstructed by the Israeli leadership?

 

Such a posture is distressing, in part, because it overlooks the outrageous and undisguised effort by Netanyahu to favor Romney for president in the 2012 American elections and his later belligerent circumvention of White House protocol by speaking directly to the U.S. Congress to register intense opposition to the Iran nuclear deal. If Obama behaves in this craven way, what might we expect from a Clinton presidency? Clinton has already committed her likely forthcoming administration to the absurd goal of raising even higher the level of friendship and solidarity between the two countries higher than it was during the Obama years. She has provided tangible evidence that this pledge is genuine by making gratuitous and unacceptable avowals of intense opposition to the BDS Campaign, and hence of subordinating the constitutional rights of American citizens to the whims of pro-Israeli extremists.

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.

 

 

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

8 Sep

 

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


 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

6 Sep

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

 

 

 

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

4 Sep

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

The Nuclear Challenge: 70 Years After Hiroshima and Nagasaki: Gorbachev’s Response (3)

21 Aug

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No public figure was more convincing and determined to pursue the ideal of a world without nuclear weaponry than Mikhail Gorbachev while he was the transformative General Secretary of the Communist Party of the Soviet Union between the years of 1985 and 1991. Of course, Gorbachev is appreciated in the West mainly as having presided over a political process that led to the nonviolent ending of the Cold War, the peaceful liberation of Eastern Europe, and the collapse of the Soviet Union. Yet he was also perhaps the only head of an important sovereign state during the nuclear era whose commitment to nuclear disarmament and the conditions of a peaceful world reflected a deep realization that the existing world order was not sustainable and not serving the interests of the Russian people. His speeches at the United Nations and elsewhere exhibited ethical and political concerns that recognized that national interests could no longer be separated from the promotion of global and human interests.

 

Gorbachev believed then, and continues to believe, that nuclear war becomes more likely, a virtual certainty, with each passing year; as more governments continue to possess and others over time gain access to the weaponry the risk of nuclear war rises. Gorbachev believes that it is inevitable that the nuclear club will grow gradually larger, as it has, although more slowly than some had feared. He also believed, reflecting the Cold War context within which he governed, that the illusionary search for a winnable combination of weaponry and doctrine could produce an unwanted nuclear conflict between rival superpowers either by one side seeking a victory or by the other preempting an opponent it perceived as dangerous so as to lessen vulnerability and avoid defeat. In the mid 1980s the Soviet system was experiencing a complex and deep crisis of economic stagnation and bureaucratic rigidity, which meant that the nuclear arms race burdened an already acutely stressed Soviet reality.

 

In an August 16th interview with the German magazine, Spiegel, Gorbachev strongly reaffirms his anti-nuclear outlook, and recalls the successes and disappointments of his efforts to rid the world of nuclear weapons. His skepticism about disarmament negotiations back in the 1980s is even disheartening today than when Gorbachev was in power. The approach then prevalent he regarded as a hypocritical blend of posturing and useless meetings, a pathetic wordplay in which “diplomats pored over mountains of paper, drank wine, and even harder stuff..and it was all for nothing.”

 

More helpful in Gorbachev’s view were unilateral steps taken in Moscow that acknowledged a growing danger of catastrophe that could only be removed by the “complete destruction of nuclear weapons and a permanent ban on them.” As significant as this serious affirmation of nuclear disarmament as a necessary and highly practical goal of state policy represented a shift in Soviet thinking and strategy that gave the highest priority to minimizing risks of war until a safer future could be brought into being by eliminating weaponry of mass destruction (including chemical weapons).  This meant, in Gorbachev words, that instead of planning “for coming war” or seeking military advantages, the central policy effort was devoted to the prevention of “military confrontation with the West.”  That is, war avoidance as an interim approach that depended on a Soviet foreign policy that consciously reduced international tensions rejected threat diplomacy and provocative policy moves.

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Gorbachev surprisingly found that Ronald Reagan, his American right-wing counterpart, shared his nuclear anxieties, and was ready to be a partner in joint denuclearization efforts. Already in 1985 they jointly declared that “nuclear war cannot be won and must never be fought.” Gorbachev interprets this declaration as a commitment by the two governments not to seek a position of superiority based on developing new types of nuclear weapons (for instance, defensive shields that made an attack seem more plausible, and thus might tempt a potential target state to consider preemption), but claims that the United States never acted as if it understood this Reagan/Gorbachev declaration in this manner. Gorbachev does take appropriate note of Reagan’s deep attachment to SDI (Strategic Defense Initiative) as limiting the progress that the two leaders could make in relation to denuclearization, and incompatible with his recognition of what a horror nuclear war would be.

 

In this regard, Gorbachev considers United States militarism then and now to constitute the “insurmountable obstacle to a nuclear-free world.” As this unfortunately seems to be a correct assessment, it entails a gridlocked nuclear future with no escape route. Gorbachev expresses his almost fatalistic view of human destiny if nuclear weaponry is retained: “The alternative is clear: Either we move toward a nuclear-free world or we have to accept that nuclear weapons will continue to spread step by step across the world.” In effect, the only effective long-term nonproliferation regime is dependent upon a parallel regime of complete nuclear disarmament, and without such a regime nuclear war will occur at some point due to the sheer multiplication of nuclear actors.

 

As others have noticed, the highpoint in Gorbachev era nuclear diplomacy occurred at the Reyjkavik summit in 1986 when Reagan and Gorbachev seemed to be on the historic verge of agreeing on the obligatory elimination of all nuclear strategic weaponry, only to have the potential breakthrough immediately undermined on the home front in the United States by the bipartisan realist guardians of the nuclear status quo. This very robust move in Iceland that briefly ‘threatened’ to achieve nuclear disarmament was unnerving for militarists in the West. Always skilled at summarizing the hawkish mood of governing elites, Margaret Thatcher sounded the collective alarm: “We won’t be able to handle a second Reyjkavik.” And indeed, her words were heeded at the pinnacles of government, and there has not been another Reyjkavik, or anything approaching a high profile inter-governmental occasion at which ideas about nuclear disarmament were being seriously discussed and contemplated by the governments of the respective leading nuclear weapons states.

 

What has received scant notice is the missed opportunity of the period after the fall of the Berlin Wall in 1989 when the Cold War came to an end. It was then George H.W. Bush who was the American president, supposedly moderate, sensible, and knowledgeable about foreign affairs. And this is the depressing point. It was just his establishment realism that led Bush derisively to dismiss any ambition to take advantage of the new situation in the world to abandon the Cold War doctrines of deterrence and seize the opportunity to initiate a global nuclear disarmament process. Instead of exploring what could have been probably negotiated with Gorbachev, Bush notoriously rejected on principle fundamental reform as ‘the vision thing,’ which he happily admitted was not his cup of tea. And so this unprecedented moment of opportunity was tragically wasted, and instead the 1990s became a decade devoted to servicing neoliberal economic globalization being fashioned in a manner that produced a post-colonial predatory set of relations among the peoples of the world. This ‘new world order’ was driven by the logic of capital efficiency, which has led to steadily widening disparities between rich and poor within countries and regions and in their interplay as well as launched multiple threats to environmental sustainability.

 

In effect, after the Cold War even the fatuous nuclear disarmament diplomacy that Gorbachev decried disappeared, and a period of self-satisfied nuclear complacency ensued. Governments are more or less content with obscure ritual review conferences within the framework of the Nuclear Nonproliferation Treaty Regime. This failure of political imagination by Bush Sr. may be seen in retrospect as a most disastrous lapse in American global leadership, far worse than was the American refusal to join the League of Nations after World War I, and give that first experiment in war prevention on a global scale some slight chance of success. For these reasons I would not be astonished if a revisionist historian concludes that the Bush Sr. presidency was more harmful to the United States and the world than was the failed presidency of Bush Jr..

 

There is a final vital point that Gorbachev develops in response to skeptical questions from the Spiegel interviewer about the feasibility of nuclear disarmament. Gorbachev responds by posing a question of his own that is meant to answer itself by an implicit appeal to common sense: “And can we really imagine a world without nuclear weapons if a single country amasses so many conventional weapons that its military budget nearly tops that of all other countries combined?” He goes on to point out the obvious: “[t]his country would enjoy total military supremacy if nuclear weapons were abolished,” and by implication, other countries will never be so foolish as to submit their societies to such hegemonic arrangements. In effect, Gorbachev is imagining that nuclear weaponry should be linked, not as in most liberal speculation to an affirmation of the nonproliferation regime, but rather to undoing geopolitical militarism, which means that if the United States ever embraces nuclear disarmament as policy rather than sentiment, it will have to terminate its global domination project. Gorbachev delivers here a powerful and persuasive message: if the United States ever becomes truly serious about wanting to implement the visionary conceptions of nuclear disarmament that Obama affirmed in his Prague speech with lofty generalizations, then it must simultaneously embark on a program of unilateral demilitarization.

 

With this concluding bit of insight from Gorbachev, which I find compelling, we should also acknowledge that it has been an odd deficiency in strategic thought in the West that most forms of strong advocacy of nuclear disarmament have not been organically connected with an overall demand for American demilitarization. Unless nuclear disarmament is implemented in a policy context that includes the demilitarization of geopolitics, it would give the United States the kind of political environment in which its massive military machine would be far more usable, less inhibited, and in all probability more menacing to the rest of the world. From this perspective one wonders why the realist cadres at the Pentagon, State Department, CIA, and the Beltway think tanks do not endorse nuclear disarmament as a prime strategic goal fully consistent with achieving the kind of global securitization administered from Washington that militarists have long favored as the keystone of American grand strategy since 1945.

 

Gorbachev doesn’t venture onto this speculative terrain. His current belief is that unless American demilitarization becomes part of the nuclear disarmament package “talks toward a nuclear-free world will be little more than empty words.” Although Obama is not mentioned, his Prague speech thus qualifies as ‘empty words,’ not only because of the absence of follow up, but more pointedly due to Obama’s silence about the relevance of diminishing America’s non-nuclear military capabilities as an essential aspect of making credible and beneficial the endorsement of a world without nuclear weapons.

It is also probably the case that when an American president possesses a determined commitment to a world without nuclear weapons he will make initiate a campaign to win over public opinion in Omaha, Denver, or Phoenix, and not Prague. What is said in the Czech Republic may play well in Oslo, but it is not going to shake the ideological and bureaucratic foundations of nuclearism in the United States.

 

In this short essay, it has been my principal intention to appreciate the humane wisdom of Mikhail Gorbachev, and to hope that even 70 years after Hiroshima and Nagasaki an American leader will emerge in the dark of night to carry forward the struggle for a viable human future by championing nuclear disarmament to be accompanied by substantial American demilitarization. She will think and act against the grain of this delusional quest for absolute geopolitical control, and maybe rest long enough to thank

Gorbachev for showing the way, both as political leader and as engaged citizen, an exemplary instance of what I call ‘citizen pilgrim.’    

 

 

 

 

 

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