For
everyone following the Hokkaido-Tohoku series, don't worry – it's
still on course, and this is just a timely interlude. Specifically,
my contribution to the UNU International Peace and Security course of
2012, in the form of extended reflections I did on its themes in the
previous year. Please excuse the small font-size errors which I've yet to work out how to fix.
I am
posting this mainly for any benefit it might give to those currently
working their way through this course, either on clarifying some of
the topics or offering (perhaps) some perspectives on them. Even
better if it's of interest to other people too, as a taste of what's
going on in this organization that – hypothetically, at least! - is
meant to help stop us from all destroying each other.
HOWEVER!!!
I'm
putting this out in the hope that it helps and encourages people to
think, and think critically, thus to develop their own opinions and
therefore characters. I am not
putting this out for it to serve as a substitute to that thinking.
Plagiarism is bad!
If anyone wants to
use ideas from here in their own reflections or other work, please
make proper reference to this blog entry!
Because if you take something I came up with and use it as your own,
I will be most assuredly upset. And when I'm upset, I write scary,
scary things that drive whoever sees them to insanity just by reading
them and cast the world in flames. And I guess that would defeat the
point of discussing peace and security – so let's be friends and all do what is right for
peace and security, okay?
And yes, each "wall" is one week's reflections. Writing is fun.
INTERNATIONAL
PEACE AND SECURITY
Weekly
Reflections: 12 September – 13 October 2011
Ai Chaobang (a.k.a. John Ashton)
WEEK
ONE: Responsibility
to Protect, Terrorism, and Proliferation of WMDs
WEEK
TWO: International
Law
WEEK
THREE: Peacekeeping,
the UN System and its Foundations
WEEK
FOUR: Humanitarian
Intervention, National Interests and Democracy
IPS Weekly Reflections: Week One – Responsibility to
Protect, Terrorism, and the Proliferation of WMDs
13-16 September 2011
1) Protection of Civilians (PoC) and Responsibility to Protect
(R2P)
a) On humanitarian intervention and R2P: intervention vs.
sovereignty
The language and legal conceptions may evolve for the better, but the
underlying problems remain. States can and have abused both
"sovereignty" and "protection/humanitarian
intervention" to carry out atrocities, and continue to do so.
However far the legislation improves, it will never provide
conclusive presciptions for when and how to intervene in what cases;
it will never alone adequately limit the abuse of the concept to
perpetrate what it is meant to prevent. Each R2P decision in its
unique situation is in the end a judgement call – it will always
contain strong normative elements. However watertight, no legal
framework will change the necessity that R2P's triumph requires that
those who make the decisions honestly wish – as human beings – to
fulfil a responsibility to protect (considering state decisions a
function of the decisions of those within them), over and above
agendas of perceived national "interests" or ideologies.
b) On the three pillars and four atrocities
When do human rights violations become sufficiently serious to be
considered war crimes or crimes against humanity? Can law assert a
certain number of people affected as the threshold, or is there
something qualitative that makes these crimes uniquely abhorrent
regardless of how many victims? Within the last 50-100 years, the
majority of states have spectacularly failed in their R2P at some
point, with many of their national identities still in denial (e.g.
US arguments that WW2 attacks on civilians were justified during
total war; Japanese history textbootks controversy; limited teaching
of colonial atrocities in European schools).
The range is almost certainly too narrow: many atrocities occur
that are ethically equivalent to but not covered by its four
categories, and not prevented or prosecuted.. To suggest just a few:
persecution of minorities (other than 'forceful deportation') such as
indigenous people; sexual apartheid (e.g. Saudi Arabia); torture or
murder of dissidents (e.g. China); atrocities by non-state actors
(e.g. drug cartels in Mexico/Guatemala; IMF market fundamentalism);
and the failures of states to take seriously anthropogenic climate
change. These arguably rise from the same fount as the four R2P
atrocities, and wreak outcomes equally abominable to their victims'
exeriences, so ethical coherency and consistency – and the
avoidance of perceptions of double standards, crucial for legitimacy
– demands a more comprehensive approach.
Yet there is the irony and difficulty: widen the parameters of
failure at R2P, and soon many or most states fall within them – all
thereby requiring interventions, by someone, somehow, which of course
becomes implausible, and when it comes to the legitimation of force,
dangerous. The more necessarily complete the concept grows, the less
meaningful it becomes in practice.
Perhaps the widening of the R2P concept could be accompanied with a
similar widening of response options. Military force in most of the
above examples might be ineffective or counterproductive; but there
are surely many ways international humanity can assert pressure
beyond diplomacy, sanctions and force. This includes responses less
formal but situationally potent, such as global support and publicity
for relevant groups within the states in question; insistence that
relevant groups be verifiably represented in proceedings affecting
them (e.g. in Guyana, dealing with indigenous leaders separately from
the government); sporting boycotts (e.g. cricket boycott of South
Africa during Apartheid; might have substantial effect on Sri Lanka
today); leverage from spiritual authorities; in short, a wider range
of creative and flexible response options beyond the high political
sphere, and careful thought on what is appropriate in different
cases.
c) Delving deeper
The need for concepts like R2P and PoC, and their frequent abuse
worldwide, suggest deeper problems in humanity of grave concern. How
and why does the propensity to commit war crimes/genocide/crimes
against humanity, come to eclipse the humanity of the perpetrators by
which our species regards these crimes as reprehensible? The concepts
and legal frameworks may keep improving, at best happily diminishing
cases of R2P failure; but is that enough?
Third-pillar states often
dehumanize their victims; but a worthy first-pillar state – and
first-pillar persons, if that concept can hold – should always
scrutinize their own
humanity first. Manifestly failing at R2P they might not be today,
but do they contribute to global conditions that promote our failure
therein as a species, yesterday or tomorrow? How do we choose to
conceptualize ourselves: as social inhabitants of a common world who
regard each other's welfare with as much regard for our own, or as
individualists who gain at others' detriment?
R2P struggles against a mercilessly entrenched norm that has come
to prevail in our world: that in wars, it is okay that innocent
people should suffer or die. It is far from the first time humanity
has sought to beat back that notion, but certainly the most
comprehensive. R2P represents nothing less than a rejection of the
concept of humanity as an inherently cruel and selfish race, the
belief that we can do better, and the effort to make it so.
It cannot be less. Can we abide a future where, notwithstanding
improvements to the legal framework, we are ever struggling to
prevent impending atrocities; where we must come up with
controversial responses, and in those risk further atrocities? My
answer, at least, is no. The fundamental ambition of R2P, PoC and the
motives to drive them forward, must surely be that this is one day a
world when we no longer need to rely on the fear of force to coerce
us merely to be human; where this recurring drive to commit
atrocities is no longer part of what we are.
Of course, these are existential questions perhaps beyond the
immediate scope of the R2P/PoC agenda. Yet in reflecting, I find them
critically important; because despite the frustrating or depressing
prevalence of the atrocities in question, the very emergence of
tangible concepts like R2P and PoC represent a choice – real, and
courageous – that humanity can and should be something better. Of
this, we must never lose sight.
2) Terrorism and Counter-Terrorism
a) The terrorism/political violence distinction
I find this a useful distinction in theory but much more problematic
in practice. The line between is just too blurred, especially given
that motives towards the death of innocent people are not always
clear, and if we accept (as in my opinion we should not) that
"collateral damage" is inevitable; as well as the hazy
distinction between legimitate and non-legitimate targets.
Subjectivity and the zero-sum "interests" paradigm mean
terrorism to one is political violence to another, regardless of
which is actually correct; so who decides? Too often, the powerful:
Russia and China may be conceptually incorrect to label political
violence by Chechens/Uighurs "terrorism" as justification
to commit atrocities in Chechnya/Xinjiang, but that is no mitigation
of the outcomes.
b) On causes of terrorism
Nothing justifies terrorism, ever; but every consequence has causes.
Justification and explanation are crucially distinct. The most basic
human reason and emotion tell us terrorist acts are neither ethical
nor effective; but reason and emotion alike have their limits, and in
today's social realities are not hard to break. The Russian boy whose
girlfriend was murdered, who then endured torture and wrongful
imprisonment; how many of us if subjected to such a thing might
develop a loathing of the world and a will to harm it? (And could we
fault it in the circumstances)? Aside from inflicted trauma, there
are also most societies' authoritarian traditions, in which ethics
come from obeying the powerful, or religious authority is inscrutably
right, or punishment contains strong retributive elements, or
"justice" is harshly punitive rather than problem-solving,
and so on. (Much of this is the case in the UK.) I would contend that
human society at present does not take a form conducive to healthy
rational consideration or emotional empathy; ethicality is often
substituted by fear. These are conditions which generate nightmares.
Of course, this neither justifies nor alone accounts for terrorism,
which also relies on material means, clearly calculated logistics,
and (frequently) manipulation of volatile sentiments into these
practical frameworks; ideology and a perniciousness far more sinister
in origin may be relevant there. These directors of terrorism may be
totally responsible for what they do; but the terrorist acts they
direct would be infinitely more difficult to carry out if not for the
pools of traumatized, aggrieved, or prejudiced persons they draw
upon. For minimising those conditions and their contribution to
terrorism, we are all responsible.
c) On torture in counter-terrorism
Substitute 'terrorism' for 'torture' in the above, and it fits
seamlessly. They are equal in ethical bankruptcy – if anything
torture is worse, as it may be established as "right" or
"normal" by society, corrupting society's ethical compass.
Just as terrorism is directed by 'selfish individual frustration'
potentially disguised as caring about people, the same is true of
torture: that at the core of its direction are persons at best
apathetic to the suffering of innocent people, or at worst who enjoy
and feed upon that pain. To open the door one inch to torture is to
give such persons an accepted place in society: this is as unethical
as it is destructive to that society's prospects.
The "ticking time bomb" scenario may be unrealistic, but
even were it accurate, I would personally prefer death than to owe my
life to someone's torture; or because a society I was part of had
tortured on my behalf. Devastating as terrorism may be – and I in
no way seek to downplay its horror – society can survive a
terrorist attack, can rebuild and remain a force for good in the
world (as one hopes and expects with Norway). It cannot survive an
embrace of the way of the torturer, which saddles its identity for
eternity.
3) Limits on Weapons
a) On Nuclear Disarmament
The goal of a nuclear-free world, while apparently idealistic, must
be the firm foundation of disarmament efforts. The concept of nuclear
deterrence is itself an obstacle to this, because:
a) Deterrence is not the prevaling motivator to possess nuclear
weapons. More frequently it is prestige, nationalist pride, or the
projection of an image of power.
b) Deterrence is ineffective: it depends on decision-makers not
merely rational, but ethical and sane. As encountered when
considering terrorism or torture, all states have problems keeping
those apathetic to suffering out of influential positions, including
in government. No society can be sure that at some point, such
persons will not be in a position to decide on the use of these
weapons, above all in an emotively-charged national crisis.
(Additional problems include difficulties deterring untargetable
non-state actors, and those to whom – as most – fear has little
weight against more powerful motivating forces.)
c) Deterrence is unpleasant: we are again concerned with a choice
about what we are as a humanity. Are we truly comfortable with a
global order based upon mutual fear? We ought not to "lock in"
the nuclear deterrence logic in the international order any further
than we have.
d) Deterrence is deeply unethical: its power resides in the knowledge
of the deterred that nuclear weapons will be used when deterrence
fails. This, almost inevitably, connotes death and destruction on
unimaginable proportions. Should any society be ready to do this? Any
decent society must surely prefer its own demise, rather than to go
down in humanity's story as responsible for atrocities on that scale.
A paradigm adjustment is required by which states which hold on to
nuclear weapons while demanding others disarm, are held in
exceptionally low regard. So long as the "do as I say, not as I
do" mentality is present, leverage on states and populations to
disarm or not develop nuclear weapons is critically impeded.
IPS Weekly Reflections: Week Two – International Law
19-22 September 2011
a) On the role and reach of international law
A common perception, as Professor Chinkin noted with commendable
forthrightness, is that international law abjectly fails at
regulating the use of force. I must confess to sharing in that
perception in recent years; especially in the context of the 2003
invasion of Iraq and consequent conflict, so potent an example of
international law's many difficulties, for the entirety of which I
lived in London and watched with frustration and horror as the
calamity developed, and its directors escaped all accountability
despite enormous public outcry.
Resist as I might, I cannot defeat the sense that the international
legal system, however well it can be designed, cannot suffice in
maintaining peace and security, let alone justice. Law, international
or otherwise, is ultimately subjective: a mechanism with no eyes,
teeth or identity of its own. For all of these it depends on the
people to whom it is pertinet, who can interpret it to suit what they
wish it to mean. The vagueness of the UN Charter exemplifies this, in
all the directions its umbrella of legality has been pulled in the
last sixty years in the most creative – almost artistic –
attempts to justify varying uses of force; as does Resolution 1973 on
Libya, for good or for ill.
That is not an argument to do away with international law. On the
contrary it has a vital role to play, for the concept of law carries
great normative weight, and bears huge potential to influence the
frameworks and behaviours of people and states. It should be
continuously improved, progressively shaped to better reflect a more
peaceful and fairer world. Even in the worst of circumstances, its
very presence as a beacon of what we pursue can remind us that we can
and have found the will to build such a world: will being the first
and most vital prerequisite for all forms of progress. Nonetheless,
the effectiveness of any given law in promoting peace, is inseparable
from the motives, perspectives, ethics and competence of the humans
who carry it out: things the law can influence, but for which it can
never substitute.
b) On "Restrictive" and "Purposive"
commentators
This appears like a classic debate between the "letter" and
"purpose" of the law: to follow the strict legal dictates
of established law, i.e. the UN Charter, no more and no less; or to
pursue our best interpretations of the goals for which the laws were
created in the first place.
The
"restrictive" approach invites suspicion. Can it by any
stretch be considered conducive to peace, to expect that states abide
by but a single vague code constructed for an international order
over sixty years outdated? Anachronistic disregard for – among
other things – globalization, decolonization, the human rights
discourse, the growing influence of non-state actors such as
corporations or terrorist organizations, the sustainability crisis,
and all the transformations in identity and normative frameworks
these things entail, might only contribute to international law's
crisis of relevance, rather than alleviating it. Is this approach
meaningful at all, given how open to interpretation the UN Charter
is, and the lack of a binding standard for what a strict reading
actually is? Law must always be a means to an end, not an end in
itself; otherwise law becomes dogma, an incredibly dangerous path.
Yet this is not an open endorsement of the "purporsive"
approach, which may just as easily be directed to ineffective or
counterproductive outcomes. One can cautiously prefer it to the
"restrictive" approach, in that it recognizes that law is a
means to an end, and keeps its foundational reasons for existence in
sight – though of course, those purposes are as interpretive as the
laws themselves. Stretched too far, they may be presented as so
distant from what the law literally says that the law becomes
redundant and powerless, as I gathered was Professor Chinkin's
concern about legality vs. legitimacy.
So neither approach is a guarantor of best outcomes; from either
may spring interpretations that defeat the law's objectives. Rather
they should be seen as guidelines, as opposite guard posts, visible
reminders once more that it is the human element – our choices –
that finally determine outcomes, and that in making them, we must
remember reflection and balance.
c) On intervention in Libya
In Britain the controversies over Resolution 1973's 'all necessary
means' to 'protect civilians' were acrimonious, whether in the
onerous shadow of Iraq, or the context of existing military
commitments in Afghanistan at a time of economic duress, or the
conviction of conservative elements that the UK should not be
interfering where it had no business. These debates intensified as
the goal seemingly transformed, from protecting civilians to helping
the rebels depose Colonel Gaddafi. One must be careful to judge
events still in progress, but thus far I would cautiously argue the
interpretive scope of law has been used in a manner beneficial to
peace – in that 'protecting civilians' cannot be defined without
reference to what one is protecting them from, i.e. Colonel Gaddafi.
Yet two caveats are vital: first, that the near-total
reliance on aerial bombing was not necessarily the most effective
means of intervention. This is potentially one example where the law
– 'all necessary means' – could have been stretched further to
produce better outcomes, such as through limited use of ground forces
directly coordinated with the rebel leadership, thus also enabling a
clearer assessment of their commitment to a free and peaceful Libya
(not to mention that one senses a certain dishonour about combat
methods by which you avoid having to look at the people you are
fighting, as with bombers). And the other concern is precisely that
commitment on the rebels' part, with recent allegations of human
rights abuses – especially against Africans suspected of fighting
for Gaddafi as mercenaries – all too relevent to whether this
intervention will be judged a success or failure of international
law.
IPS Weekly Reflections: Week Three – Peacekeeping, the UN
System and its Foundations
26-29 September 2011
a) On the ancestry of the United Nations, and the growing
complexity of peacekeeping
I was surprised at the consideration of the 1815 Concert of Europe as
an early precursor to the UN. On its surface one sees the reflection
of coordinated international cooperation to achieve peace; but
beneath the peace of 1815 lies an ominous abyss.
The Concert of Europe built its peace on a foundation inherently
opposed to peace. Specifically, the pre-Napoleonic “balance of
power” between self-interested powerful nations with belligerent
appetites, and the amoral international anarchy at the centre of
Pessimist (so-called “Realist”) doctrines in International
Relations. It was a generator of infinite grievances, from the
brutalities of pseudoscientific racism and colonialism to repressions
by gender, class and belief within states. From grievances come the
will to disrupt the peace for the sake of justice, as happened in the
revolutions of 1848. The 1914-1918 cataclysm – the most spectacular
failure of peace in the human journey so far at that point – was
the direct and logical result of this order. Its demise was
inevitable, and necessary.
The UN is (or should be) something fundamentally different. Rather
than taking the competition of states driven by greed and
self-interest as given, the UN Charter speaks of saving succeeding
generations from the 'scourge of war' altogether; reaffirming 'faith
in human rights' and 'the dignity and worth of the human person'; and
establishing 'conditions under which justice...can be maintained'.
Notwithstanding persisting difficult realities and the need for
pragmatism, the UN strives for peace based on justice, rather than
peace instead of justice; with justice defined as, if nothing else,
peace within every human being who is part of the peace to be
maintained.
In practice, the core ingredient of a lasting peace is that no-one
feels so wronged by its terms as to want to disrupt it to seek
something better. Perhaps the widening complexity of peacekeeping
since the 1990s reflects a growing awareness of this: hence how basic
security, human rights, political participation, refugee assistance
etc. are necessary and inseparable parts of solidifying a fragile
peace. Peacekeeping is and must be contiguous with peacebuilding: the
more one does to alleviate grievances, the more resilience one
infuses into the peace.
Of course, there comes a point where such exceeds the UN's remit or
capacity. The still-active status of the first two peacekeeping
missions, in the Middle East and Kashmir, exemplifies this: as
limited first-generation missions, the peace they keep is fragile and
may yet disintegrate unless properly addressed; but no way can the
peacekeepers resolve those conflicts' abysmal underlying causes on
their own.
b) On the future of peacekeeping
Peacekeeping evolves as it always
has, but its destination is difficult to predict. On the one hand,
much hard work has been done to rebuild its reputation following its
ignominies at Rwanda and Srebrenica, and as it grows more robust, its
effectiveness must surely benefit. On the other, it is held back by
strains on its capacity and continuing public legitimacy problems,
part persisting from those two big failures during the 1990s, but
still more onerously from successive scandals of grave sexual abuses
by peacekeepers on the populations for whom they are meant to be
keeping the peace. This includes a case involving MINUSTAH in Haiti
this very year – and how such reprehensible outrages became part of
what any
peacekeeper is willing to do is anyone's guess. So on the balance of
strengths and weaknesses, the journey of peacekeeping continues.
Its most testing days are still to come. A change in the types of
conflicts to which peacekeepers were deployed occurred twenty years
ago, with the end of the Cold War. A shift far more turbulent is
likely this century, as humanity's failures of sustainability create
new conflicts and intensify existing ones. How might approaches to
peacekeeping's purpose and practice adapt to conflicts between or
within states based on, for example, declines in food or water
security, or migrations from rising sea levels – which among many
other things, are driven by climate change? What role will
peacekeepers pursue in the overall strategies for maintaining
workable peace in such a context? And what might befall peacekeeping
if unrest occurs in the states which traditionally contribute the
main funding or personnel for peacekeeping operations – whether
those considered presently stable, like the US and UK, or those
already experiencing and attempting to 'manage' internal
instabilities, such as China, India, Pakistan or Nigeria? Perhaps
these trials are closer than they appear.
c) On the United Nations in humanity's journey
From the UN's earliest precursors to its most recent evolutions, its
story is an epic one. One might consider that humanity's attempts to
pursue peace through systematic trans-national cooperation emerged
very soon after it first became possible for a human being to
perceive of humanity on a complete global scale, as directly and
practically relevant in his or her life and identity.
The six “new” threats to
peace and security identified following the end of the Cold War –
inter-state conflicts, civil wars, poverty/infectious
disease/sustainability, WMDs, terrorism, and organized crime – were
not literally “new”: all had massive precedents as threats, going
back centuries in some cases (e.g. Chinese Civil War, terrorism as a
mainstream state tactic during WWII, the bubonic plague, societies
[e.g. Mayans; Rapa Nui] which collapsed due to sustainability
failures). Rather what happened in the 1990s was a shift in
perceptions and priorities: a broadening of attitudes towards what
constitutes threats to security, in a widening conception of that
security; threats, it should be said, which have proved terminal or
traumatic for many human societies throughout the recorded length of
humanity's journey, and which perhaps the order humanity assumed
during globalization's most decisive stage led it to forget about.
The crux of the UN's challenges today is that it in widening its
conceptions of peace and security, it is (in my opinion) attempting
to rediscover and return many central human concerns to them – but
upon foundations built from the very order which eclipsed those
concerns, which had us consider them unimportant or natural and
inevitable (that is, Westphalian-style self-interested competing
states in an international anarchy they chose, and established and
exported e.g. through colonialism).
The big question is whether these foundations – as represented by
what Dr. Uchida termed the “first” of “three UNs” – will be
adequate for the UN to achieve its goals, given their elemental
antagonism to peace, and their core principle of selfish competition
as the natural order of humanity. This is the opposite of cooperation
between peoples and nations aware of their common humanity, a base to
which the UN Charter appeals in theory, and to which the UN extends
its reach in practice through (for example) the work of its various
agencies, pan-human concepts such as human rights/crimes against
humanity/R2P in international law, and its attempts to engage with
human units other than states, such as businesses and civil society.
This is why upon viewing Dr. Uchida's “three UNs” diagram, I
felt with concern that beneath the two entities the UN stick-figure
stands upon, a fissure runs through the ground down the middle, the
tectonic incompatibility between the UN's two foundations, which as
it pulls apart, widens the gap over which the two legs must stretch –
and in the worst case, threatens that eventually it might fall into
that fissure. Though pragmatism binds the UN firmly to the
competing-states foundation, it may become necessary that the UN
drastically increases its role as an active promoter of the concept
of common humanity, beyond states; until, once its stand on this
foundation is solid enough, such time comes as it can give reproach
to the paradigm of self-interested competing units, and eventually,
see that paradigm redundant altogether.
It may sound dramatic, therefore, to assert that the
UN reflects attempts to resolve huge questions on what humanity wants
to be; but in the context of humanity's escalating sustainability
crisis, these foundational questions are of extremely imminent
consequence, and the UN – as the only institution of global
governance with its scale and reach – must surely fulfil a central
role in how we answer them.
IPS Weekly Reflections: Week Four – Humanitarian
Intervention, National Interests and Democracy
3-6 October 2011
a) On Sovereignty versus Humanitarian Intervention
'State sovereignty implies responsibility.' The ICISS Report on the
Responsibility to Protect (2001) opens with a statement of incredible
power.
Sovereignty is a tenacious concept. It remains robust, in an era
where it faces mounting challenges: trans-national ideas and
activities, from universal human rights to multinational businesses
to terrorism, erode its foundations, as much as its use by repressive
regimes as a justification for their human rights abuses erodes its
legitimacy. Conversely its normative might insists itself as a system
of checks and balances against the appetites of powerful states, most
with a long history of merciless colonialism. And dare we forget its
origins: Europe's Westphalian order, erected in the exhaustion of
decades of incomprehensible religious carnage that bled the continent
to its marrow – to which sovereignty was raised as a barrier so
that no such thing could ever happen again.
That it has, many times, may in
some cases be attributed to sovereignty's imposing normative and
legal umbrella, protecting those who perpetrate crimes against their
peoples. The most telling example is China, to which the Westphalian
language of sovereigty and 'internal affairs' is now the bedrock of
its international conduct, political selectivity and all (for other
sovereign or potentially/historically sovereign entities, such as
Tibet or Taiwan, are also apparently its 'internal affairs'). So too
does this paradigm lend its protection to regimes in China's
traditional sphere which are similarly overt in failures of R2P (or
perhaps still more), such as the DPRK or Burma/Myanmar. Is there not
a staggering irony, that China is now the world's most traditionally
European
state – and that in the reunification of the country, following its
dismemberment by the European powers, the CCP opted for an
international foundation in exactly the image of the order which
reduced it to ruin for a hundred years – and which produced two
world cataclysms? Such is one pole of the sovereignty vs.
non-intervention balance going wrong: spelling the demise of human
rights and peace/security alike.
The opposite pole is not far distant. Interventions, legalised or
legitimated in humanitarian terms, may produce equally destructive
outcomes. The 2003 invasion of Iraq, for which humanitarian arguments
became ubiquitous in attempts at popular justification (although
never a serious part of legal justification efforts), is a case in
point notorious enough to speak for itself.
Neither state sovereignty nor
humanitarian intervention, as principles, are guarantors of good
outcomes; both may be subverted to the most reprehensible of ends.
The establishment of vigorous criteria for intervention may improve
its proper use, but itself will not suffice: any such criteria too
are easily subverted by agenda-pursuers with basic mastery of
language manipulation. I would advance that the resolution of the
sovereignty-intervention tension is only possible if the "national
interests" paradigm is replaced by something better; but while
on the subject of intervention critera...
b) On Humanitarian Intervention criteria
I was in the UK during the buildup to war with Iraq, and received a
lot of hostility in criticising this direction, due to an
unforgivingly bellicose public atmosphere – which centred much on
humanitarian aspects, as from the beginning the dubiousness of the
WMDs argument was absolutely plain. So while it was not technically a
case of humanitarian intervention, it offers us many of the same
issues and challenges. At that point, I argued frequently that three
conditions must be suitably ethical to justify intervention: motive,
means and effect.
This is why, in contrast to Nicholas Wheeler, I believe that
sincere humanitarian motive is an essential criterion. Motives for
invading Iraq were anything but ethical, something that became
increasingly clear as the war progressed; simultaenously the
prevailing attitudes in the UK were that the coalition countries
were of course the "good guys", and to so much as question
this was outrageous. Thus a "motivation" criterion, however
difficult to measure, is a vital matter of pragmatism: if nothing
else, such that constant self-reflection prevents tides of arrogant
nationalism from fuelling momentum for the use of force past a
tipping point, and reminding intervening states – constantly –
that their legitimacy as humanitarian actors comes not automatically
from their professed principles, but from their deeds and how far
said deeds reflect those principles. As Iraq aptly demonstrated, the
quality of outcome is directly influenced by the quality of motive:
principle and consequence are not opposing concerns, but inseparably
interlinked.
Of course this creates difficulties. Iraq under Saddam Hussein,
like any brutally repressive state, in theory deserved humanitarian
intervention. All four of the R2P crimes – genocide, war crimes,
ethnic cleansing and crimes against humanity – were construably on
the regime's record. Yet if intervention is only justified when the
intervening parties are more ethical than those being intervened in,
and adequately trustworthy to carry out the use of force without
wreaking human destruction of their own, who then in practice can
intervene at all? (Lest we forget, those who invaded Iraq in 2003 had
no problem supporting the very same regime as a bulwark against Iran
in the 1980s.) So long as "national interest" lacks an
ethical compass, there is every risk that any "humanitarian
intervention" in future might be more destructive to humanity
than the forces which intervention attempts to curtail: humans and
their rights lose either way.
Once more, we are brought back to the paradigm of national
self-interest.
c) On National Self-Interest
This paradigm, as we know it, is more or less the main driver to
which the UN Charter, human rights and R2P emerged as a reaction:
because states, in the pessimistic image of European order from
Westphalia through 1815 to the twentieth-century cataclysms, have
sought to banish the ethics of their own humanity from international
relations, and are the foremost (albeit not only) sources of wars,
human rights violations and failures in the most basic of human
responsibilities.
This concept may yet be the UN's ruin. The heart of the matter is
that "national interest" is an extremely constructed
notion: where a motivator so narrow, atomistic and contemptuous of
the world came from is difficult to fathom, let alone how it rose to
such dominance at social and international levels alike. A state's
"interests", literally speaking, are a function of its
values, needs, and considerations on how to protect or acquire them
respectively; and yet the concept now promotes this as a zero-sum
pursuit, i.e. that for a state to do this, it must and should
override the pursuits of other states and peoples. "National
interest" all too often connotes selfishness and greed, devoid
of ethical concern.
Hedley Bull spoke of 'pluralistic' and 'solidarist' approaches to
international society. What do these represent? Pluralism appears
pulled in two directions: towards this paradigm, by which human
diversity creates irreconcilable differences in values, and where in
the end we must learn to live together in a world of perpetual
strife; but also in a more hopeful but still conservative direction,
which may dream of peace, but emphasizes order as of primary
importance to get there, through strict sovereignty and
non-intervention. Solidarism is more unambiguous, embracing common
humanity as more important than an archaic "interests"
paradigm, even at the risk that in humanitarian interventions, the
interveners may not notice as the proverbial abyss stares back into
them.
In the end, we are all diverse, and diversity is not in itself a
divisive force: most of us, we might keep reminding ourselves, get
along most of the time. We are also all human beings who share the
overwhelming bulk of a common genome, the rational and emotional
pillars of human identity, and the ability to derive from both that
abusing one another, as represented in the concept of human rights
violations, is wrong. Such is the magnitude of the statement that
'sovereignty implies responsibility': that after centuries of failure
by the self-interest paradigm which sovereignty unwittingly gave rise
to, in spite of countless frustrated attempts to contain its harms,
R2P represents one of the strongest drives so far to redefine
humanity: to make it such that the operating principle of "national
interests" may no longer exclude ethical considerations, but
rather must make them the central fulcrum of what states do.
The
very notion that there are 'obligations inherent
in the concept of sovereignty', is something fundamentally different
from the sovereignty we have known of since Westphalia. The
importance of driving this principle forth cannot be overstated; with
sustainability in mind, could humanity afford another global-scale
relapse? And more crucial still, this drive must occur with a massive
rear-view mirror: for worse than a relapse would be for R2P to become
discredited by the use of force for pernicious ends disgusied as
humanitarian ones, the triumph of the Pessimist order becoming the
nightmare humanity does not wake up from.
d) On Democracy
"Democracy" may be one of the most precarious concepts of
our era.
Taken literally, we can all aspire to it. It has no ethnic or
cultural alignment, being based on universal values which humans
everywhere might identify with (at least for themselves): political
participation and equality, rule of law, respect for freedoms and
human rights etc.; it is intuituive enough that democratic values and
institutions can reduce the risk of conflicts/atrocities.
In practice, "democracies" on the whole have got nowhere
near this; and although the US/Europe's sense of authorship of the
concept (and frequent triumphalism) may be factually inaccurate, that
connection still bears massive normative resonance in a world
endlessly rearranged by those states' foreign policies – not least
because (as in the Iraq discourse) their rhetoric on "spreading"
(their models of) democracy never ceases. This has enormous practical
implications for developing democracy elsewhere: such a concept will
only gain legitimacy if the people of a given state can assert
themselves the authors of it in their own unique circumstances –
which after all is what "democracy" is literally about.
The reason this is a challenge is because the European/US models of
democracy have abjectly failed at contributing to a peaceful and
secure order in the world; and their image in the parts of the world
comprising the majority of Earth's human population reflects this.
Mass atrocities are very much on each of their records, and still
they struggle to face up to them sincerely (WW1/WW2, US in Vietnam,
France in Vietnam and Algeria, Belgium in the Congo, the UK in India
and Burma etc.); so too do they fuel or endorse many conflicts or
authoritarian tyrannies in the world today, such as the regimes
challenged in the Arab Awakening. The aforementioned "national
interest" paradigm entails this, exasperatingly demonstrated
when during the upheaval in Egypt, the British government refused to
emit one hint of condemnation of the Mubarak regime until it was
clear that regime was coming to an end.
From these "democracies" also came, among many other
things, colonialism – the legacies of which are tied directly to
many of the civil wars since the 1990s (e.g. in Rwanda, Belgium's
construction of ethnic supremacy myths to divide and rule the Hutu
and Tutsi populations); and humanity's sustainability crisis, along
with dominant academic and policy paradigms unconscious to the
problem, and to which the world outside Europe/the US is again the
most vulnerable to conflicts resulting therefrom in the next few
decades. Again, it may very well stand that such incalculable
physical and structural violence – especially to people outside
one's own state – is not a feature of "democracy" in
itself, but of these specfic models of democracy; nonetheless the
term is now loaded, and the more Europe/the US speak of democracy as
something that can or should be copied-and-pasted, the more its
objective meaning is lost in this normative miasma in the eyes of
those who might otherwise want it.
The lack of public trust for governments in these "Western"
democracies points to the same thing. I am skeptical of the idea that
this mistrust is merely democracy functioning as it should, i.e. the
result of education, participatory attitudes, higher expectations, or
(goodness forbid) that people are spoilt. Healthy scrutiny of power
is one thing, and the most necessary thing in the world; the
frustration and disillusionment in a country like the UK is quite
another, and results (from my perspective) simpy because the
political elite in the UK consistently demonstrates partisan
self-interest, shameless greed (e.g. MPs' expenses scandal), ethical
hypocrisy within (e.g. closeness to the Murdoch press, ruthless
economic austerity) and without (e.g. complicity in
torture/extraordinary rendition, support for authoritarian regimes),
and a categorical bankruptcy of basic humanity. In the context of the
English riots in August 2011 (surely not a sign of effectiveness at
peace or security) and the unquestioningly punitive governmental and
public reaction, showing an absence of any grasp of the notion of
causes and consequences (surely not conducive to preventing
conflicts), my impression from within the UK was one of a society
where ethics, values, rational balance and the sense of
responsibility to one's fellow humans are in steady disintegration.
Such a model of "democracy", I fear, does not bear
mention in the same breath as prevention of either direct or root
causes of conflict – and any state attempting to built a democratic
polity of its own imports this at its peril. Frankly if this is the
best we can do at politics, the 'worst form of government except
those that have been tried' (Churchill) or the 'final form of human
government' (Fukuyama), then in all honesty it reflects rather
parlously on us as a species, and from there, far more troublesome questions become pertinent.
Democracy is a system – a tool
– and like any tool, is as peaceful or violent as the choices of
those who wield it. As such it has nothing inherent to prevent power
being exercised by persons of ethical dereliction. It may fuel
conflict or prevent conflict, with equal ease. Whether in established
democracies like the UK, or conflict or post-conflict states seeking
to get past atrocities, democracy is not enough. No system in itself
will safeguard populations from conflict; what systems can help with
is to influence what kinds of people
operate within them, which is where the emphasis must be.
Perhaps this means democracy must be succeeded by a
new paradigm; a fifth, if we consider Dr. Cheema's four-paradigms
progression. And in it the emphasis must be overwhelmingly on the
humanity of the people therein, whose choices and basic ethical
integrity will ultimately determine the likelihood of conflict or
atrocities, regardless of the system which happens to be in place (as
we see in authoritarian states too, such as Singapore, which have yet
to choose such things as genocide; although they are hardly a model
for a decent human future). Systems like democracy can play an
invaluable role, in protecting human rights and freedoms, providing
material needs, engaging people in the political process etc.; but
democracy as we know it neither substitutes for the most fundamental
and necessary of human ethics, nor – more importantly – does it
guarantee they are there at all.
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