Category: International Law

  • Preventing War Against Iran

    The United States is deeply mired in a preventive war of its own making in Iraq with no clear way out. Now the Bush administration is making accusations against Iran and bolstering US forces in the Persian Gulf with two additional naval battle groups.

    Why would the Bush administration contemplate a new war against Iran? How would a war against Iran in any conceivable way benefit the United States? There are no clear answers that explain the Bush administration’s increased threats toward Iran. Yet, despite the president’s statements that he will pursue “robust diplomacy,” the possibility that the United States will launch an attack against Iran cannot be dismissed.

    The Bush administration has continued trumpeting the fear that Iran may develop nuclear weapons, a technological possibility because of the uranium enrichment program it is pursuing. This charge, however, is not credible, at least in the near-term. International Atomic Energy Agency chief Mohamed ElBaradei reports there is no evidence that Iran is developing nuclear weapons. The CIA indicates that it would take Iran a decade to develop nuclear weapons, if that were its intention. Thus, the charge that Iran is on the brink of becoming a nuclear weapons state appears farfetched. The charge, and the lack of evidence to support it, is ominously similar to the spurious claims the Bush administration leveled against Iraq as a cause for initiating that war.

    More recently, the Bush administration has floated a new charge that Iran has provided Improvised Explosive Devices (IEDs) to insurgents in Iraq, even suggesting that the devices were responsible for the deaths of some 170 Americans. The administration has put forward little supporting information to substantiate its claim, and the government of Iran denies the allegation. It may be possible that Iranians are giving some support to Iraqi Shiites, but is this adequate cause to attack Iran and initiate a war with a country of some 70 million people? This is highly doubtful, unless the US is prepared to pay an even heavier price in blood and treasure than it is already paying in Iraq.

    Perhaps Mr. Bush thinks that he can bring democracy to another country in the Middle East, but this hasn’t worked out in Iraq and it is even less likely to happen in Iran. This is particularly true since US military forces are already stretched so thin that there would be little possibility for the US to put “boots on the ground” in Iran. A war against Iran would likely be an air war, a prolonged demonstration of “shock and awe.”

    What else could be motivating the Bush administration to pursue a war against Iran? Is it that the administration wishes to support Israel, which views Iran as a significant threat? Is it that Iran, like Iraq before it, is talking about changing its currency for oil revenues to Euros? Could it be that Mr. Bush likes being a “war president,” and, rather than accept defeat in Iraq, is seeking to widen the war by extending it to Iran?

    It is possible that the administration’s threatening behavior toward Iran is merely muscle flexing to strengthen the US hand in negotiations, but this possibility cannot be relied upon, particularly in light of the manner in which the Bush administration initiated the Iraq War.

    There have been reports by respected journalist Seymour Hersh that the US has contingency plans for the use of nuclear weapons against Iran. Even rumors of the US planning to use nuclear weapons preemptively against Iran should raise serious concerns in the halls of Congress and throughout the country. Nuclear weapons concentrate power in the hands of a single individual, undermining democracy and the future of global security.

    Congress opened the door for Mr. Bush’s attack against Iraq. Whatever the administration’s motives may be for its threatening behavior regarding Iran, Congress should now be responsible for closing the door to a US attack on another country. Speaker of the House Pelosi has said, “…Congress should assert itself…and make it very clear that there is no previous authority for the president, any president, to go into Iran.”

    Congress should act proactively and go on record before it is too late, foreclosing the president from attacking Iran without specific Congressional authorization, as well as appropriate authorization by the United Nations Security Council. The hour is late, but not too late, for Congress to assert its Constitutional responsibility.

    Senator Robert Byrd, among other Senators and members of Congress, has already put forward a resolution that requires Congressional approval of any offensive US military action taken against another country. In introducing Senate Resolution 39 on January 24, 2007, Senator Byrd stated, “I am introducing a resolution that clearly states that it is Congress…not the President – that is vested with the ultimate decision on whether to take this country to war against another country.” He called his resolution “a rejection of the bankrupt, dangerous and unconstitutional doctrine of preemption, which proposes that the President – any President – may strike another country before that country threatens us….”

    As bad as things are in Iraq – and there is no doubt that they are bad – for Mr. Bush to initiate a new war by attacking Iran would only make matters worse for the United States. The US needs to pursue an exit strategy from Iraq, not a preemptive war against yet another country that has not attacked the United States. The Congress of the United States needs to go on record now to assure that Mr. Bush understands this and the limits of his authority under the Constitution.

     

    David Krieger is president of the Nuclear Age Peace Foundation (www.wagingpeace.org).

  • Citizens’ Tribunal Finds Watada Acted Legally

    Citizens’ Tribunal Finds Watada Acted Legally

    A Citizens’ Hearing on the Legality of US Actions in Iraq was held in Tacoma, Washington on January 20-21, 2007. The Citizens’ Hearing was organized in response to US Army Lieutenant Ehren Watada’s refusal to deploy to Iraq on grounds that the war is illegal, and in the belief that when government fails to act responsibly and legally it is the duty of citizens in a democracy to act.

    Lt. Watada faces a court martial on February 5, 2007 at Fort Lewis, Washington for failing to deploy with his Stryker Brigade to Iraq and for “conduct unbecoming of an officer.” The military judge has refused to allow Lt. Watada to raise a Nuremberg defense, the basis of which is his contention that the war in Iraq is illegal and therefore orders to deploy to the war are illegal.

    The Citizens’ Hearing Panel, which I chaired, was composed of twelve citizens, who heard testimony on the issue of the illegality of the war – testimony that would have been introduced at Lt. Watada’s court martial if the military judge had allowed it. A majority of the Panel consisted of US military veterans going back to World War II, as well as a military family member, a Gold Star family member, a government leader, a religious leader, a union member and a high school student.

    The Panel heard testimony on four principal issues: whether the war in Iraq was an illegal war of aggression and thus a crime against peace; whether a systematic pattern of war crimes have been committed by US forces in Iraq; whether crimes against humanity have been committed; and whether a US military officer has a duty to refuse illegal orders. Testimony was presented by Iraq War veterans, experts in international law and diplomats.

    The testimony of the experts in international law was clear that the war in Iraq was initiated illegally. The US invasion of Iraq did not comply with the United Nations Charter, in that it was not authorized by the UN Security Council, nor was it required for immediate self-defense. It was a war of aggression, violating international law and the United States Constitution. Article 6, Section 2 of the Constitution makes the United Nations Charter, a treaty duly signed and ratified by the US government, a part of the “supreme Law of the Land.”

    The most powerful testimony presented came from five Iraq War veterans. They described a military training process in which the dehumanization of Iraqis was pervasive, creating an unhealthy environment conducive to the commission of war crimes. The veterans described the constant reference to Iraqis, at all levels of the chain of command, as hajis, ragheads and worse. Some described orders to shoot and kill children.

    One veteran described an instance in which he witnessed a frightened mother and daughter being shot in the back as they ran away from US troops. There was also testimony on the beating and killing of prisoners. The soldiers testified that the atmosphere of targeting civilians did not come simply from the individual soldiers, but from far higher in the command structure.

    The consistent testimony of the Iraq War veterans was that the lives of Iraqis were devalued and that war crimes were systematically committed as a result of the rules of engagement in Iraq. The Panel also received testimony on the systematic torture of Iraqi prisoners and on the use of heavy US weaponry in a manner that failed to discriminate between soldiers and civilians. Former Assistant Secretary General of the United Nations Denis Halliday described the “shock and awe” initiation of the war as “a terrorist act.”

    Colonel Ann Wright, a former army officer and diplomat, testified that the United States had not met its obligations as an occupying power, and that grave breeches of the Geneva Conventions were occurring regularly in the treatment and torture of prisoners. Colonel Wright and other expert witnesses urged that US leaders be held accountable for their criminal actions.

    There was also testimony on crimes against humanity. Prominent in this testimony was discussion of the systematic destruction of Iraq’s infrastructure, including water facilities, sewage treatment facilities and electric power facilities. One expert, Antonia Juhasz, a Visiting Scholar at the Institute for Policy Studies, testified that all the US orders to change Iraq’s laws to provide economic advantage to the US, particularly in relation to Iraq’s oil, were in violation of international law. Thus, all contracts created in this way must be rescinded and the profits returned to the Iraqi people.

    On the critical question regarding Lt. Watada’s refusal of orders, there was strong testimony that soldiers and officers are only required to obey lawful orders. In accord with the Nuremberg Charter and Principles, the US Constitution and US Army Field Manual 27-10, an officer has a duty to act lawfully by refusing to follow illegal orders. Insofar as the war in Iraq is an illegal aggressive war in which war crimes and crimes against humanity are being systematically committed, Lt. Watada acted lawfully in refusing orders to deploy to Iraq. Professor Richard Falk testified that the military judge’s order preventing Watada from presenting evidence on the illegality of the war was “criminally disallowing him from obeying the law.”

    The full report of the Panel of the Citizens’ Hearing will be released soon; some of the testimony is now available on the website www.wartribunal.org. The preliminary, but unanimous, finding of the Panel is that the US has committed crimes against peace, war crimes and crimes against humanity in Iraq. Further, Lt. Watada acted legally and honorably in refusing orders to deploy to Iraq, and his actions are in accord with the oath he took to support and defend the Constitution of the United States.

    David Krieger is President of the Nuclear Age Peace Foundation. He was the panel chair and a member of the Jury of Conscience of the World Tribunal on Iraq held in Istanbul in July 2005.
  • Can We Change Our Thinking?

    Can We Change Our Thinking?

    It is a privilege to return to Nagasaki for this third Global Citizens’ Assembly to Eliminate Nuclear Weapons. I am convinced that it is only by the actions and initiatives of citizens leading leaders that humanity shall bring nuclear weapons, its most deadly invention, under control.

    I want to return to what may seem an old theme, but one that remains critically important. More than fifty years ago, Albert Einstein warned, “The splitting of the atom has changed everything save our modes of thinking, and thus we drift toward unparalleled catastrophe.” I would like to explore what Einstein meant in reference to changing our “modes of thinking.”

    I believe Einstein was referring to humankind’s continued reliance on force as a means of settling differences as the old way of thinking. He believed that in the Nuclear Age reliance on force was pushing us toward catastrophe. Einstein’s warning was a recognition that with the advent of nuclear weapons, the use of force – a long-standing currency in the international system – placed not only countries but civilization and even humanity itself at risk, making force as a means of resolving disputes between nations too dangerous to be acceptable. If we are to move away from reliance on force to resolve conflicts, we must substitute something else in its place. What must take the place of threat or use of force is honest diplomacy, a willingness to engage in continuous dialogue with the goal of resolving even major differences between nations. That was the purpose for which the United Nations was created in June 1945, less than a month before the first test of an atomic weapon by the United States.

    The United Nations sought to “end the scourge of war.” To achieve this, the UN Charter prohibits the use of force except in the limited circumstance of self-defense, and then only until the United Nations can take control of the situation, or when authorized by the Security Council under Chapter VII of the UN Charter.

    Unfortunately, the United Nations has not been very effective in prohibiting the threat or use of force. This is largely due to its structure, which gives special power to the five permanent members of the Security Council. These states can cast a veto on actions that would subject their behavior to appropriate scrutiny and control. Despite the bold opening words of the UN Charter, “We, the Peoples,” the UN is not a Peoples Parliament. Rather, it is a club of nation-states, and its most powerful members play by a different set of rules than do the other members.

    The United Nations has been used cynically by the most powerful states to gain advantage rather than to seriously engage in problem solving about the world’s most pressing dangers. If we wish to move toward non-violent solutions to conflict, we must reform and strengthen the United Nations to truly become a House of Dialogue and a Parliament of Humanity.

    One aspect of changed thinking that is needed is recognition of the importance of citizen participation in efforts to change the world. The world’s problems are too grave and dangerous to be left to governments without the active participation of citizens. Citizens must take responsibility for the actions of their governments as if their very lives depended upon those actions, as indeed they do. In the Nuclear Age, the actions of nuclear-armed states affect the future of all citizens on the planet. If citizens remain ignorant, apathetic and in denial, it is likely that governments will blunder into wars, inevitably including nuclear war.

    Another aspect of the changed thinking that is needed is the disassociation of nuclear weapons with security both as a concept and as a national policy. Nuclear weapons do not make a country more secure. These weapons can be used to threaten retaliation, but they cannot provide actual physical security. Deterrence is a theory that requires rationality on all sides and effective communications. If there is one thing we know about humans, especially in the context of crises, they are not always rational and they do not communicate perfectly. This was one of the important findings of the meetings of key decision makers in the Cuban Missile Crisis. They came to understand that many of the assumptions they had made about the other participants in the crisis were incorrect and they were very fortunate to have averted nuclear war.

    Still another aspect of thinking in which change is needed is the complacency of the rich within the two-tier structure of rich and poor nations. It is unlikely that wars will be eliminated while the economic divide is great and many people in the world live in deep poverty with all its disadvantages, while a minority lives in superabundance. Modern communications make the have-nots aware of what goes on behind the high walls of the rich, exacerbating the tensions.

    This two-tier structure of rich and poor nations is also mirrored in our world of nuclear haves and have-nots. The world cannot go on indefinitely with bastions of the rich thinking they are protected by nuclear and other arms, while the majority of the world’s population lives in abject poverty. Nor can the world safely continue to be divided along religious and ideological fault lines.

    Nuclear weapons, like other weapons, are part of the currency of power in a divided world. If there were widespread recognition of the essential oneness of humanity and the miracle of life that all humans share, it would be far more difficult to justify resort to arms and, in particular, to continue to threaten the indiscriminate mass destruction that is inherent in the use of nuclear weapons.

    David Krieger is president of the Nuclear Age Peace Foundation (www.wagingpeace.org). He is a leader in the global effort for a world free of nuclear weapons.
  • Appeal for Support for Lt. Ehren Watada

    Fellow Americans, ladies of the Women’s International League for Peace and Freedom, I am honored by your invitation and I salute you for being a compelling voice regionally, nationally and internationally. I am awed by the fact that your time honored organization, which emerged out of the chaos of World War I, remains dynamic and relevant in the everchanging political, social, economic landscape. In an effort to extend the reach, you have taken on the formidable issues of our day, one being the illegality of the war and occupation of Iraq. Since the administration’s pre-emptive war in March 2003, the death toll among the “coalition of the willing” and the Iraqi people mounts daily and still there is no end in sight. You have called for “.a comprehensive and rapid plan for troop withdrawal (to) include the closure of all US military bases, support of a peace process in the post-occupation transition, payment of reparations to Iraq, and return of Iraqi control over its oil.”

    It is within this context that I speak. It is within this context that I ask for your support of my son, Lt. Ehren Watada, the first officer in the US military to refuse participation in the Iraqi war and occupation. In January 2006, he submitted a request for discharge, citing the illegality of the war and the ongoing crimes of occupation. He was not taken seriously. Several months later, he submitted a formal resignation packet and was formally denied. On June 22, 2006, despite overt pressure to comply, he quietly defied the movement order to board the Iraq-bound plane with his Stryker brigade unit.

    How did he arrive at this point, you ask? Through unbiased, rigorous scrutiny of the facts, reported by experts inside and outside the military and the structures of government, Lt. Watada concluded that he could no longer remain silent. Under the Uniform Code of Military Justice, he swore to uphold the Constitution which includes all international treaties which the present administration chose to ignore. Blind obedience to orders that violated international law, he maintained, would make him party to illegal acts, multiplied many times over in his capacity as an officer.

    Through the inner turmoil of the past year, he realized that, despite being a member of the armed forces, he had not sold his soul. He had not relinquished the inalienable right to choose. Furthermore, he was not a mercenary or a mindless tool of politicians and the military-industrial complex whose sole interest lies in the “spoils of war,” no matter what the cost.

    As an officer in the US Army, conditioned not to think but to follow orders, he found that an act of conscience is a lonely road, traversed only if one is willing to accept the harsh consequences meted out by the military, the media, the manipulated masses who remain in ignorance and the “powers that be.”

    Since his case became part of mainstream media, he has been vilified on one hand and cast as a hero on the other. He maintains that the issue is not about him but about the illegality of the Iraqi war and occupation. He hopes that his action will empower others to take a stand, that it will awaken the consciousness of the American people and impel them to make their voices heard. He believes that the demand for the end to the war, the withdrawal of occupation forces and reparations must be an American agenda and not merely the agenda of anti-war activists, liberals, progressives and left-wing elements.

    On July 5th, the military formally charged Lt. Watada with failure to obey a movement order, contemptuous remarks against the president and behavior unbecoming an officer. Taken together, these offenses are punishable by up to 7 ½ years in a military prison. He awaits the article 32 hearing, slated for Aug. 17, 18 2006. This is a pretrial hearing to determine if there are grounds for a court martial. Whether or not he is given a fair hearing and permitted to submit evidence supporting his refusal to deploy and his first amendment rights remains to be seen.

    As his mother, I initially feared for my son’s safety and his future. The thought of the consequences overwhelmed me. Today, I can truly say that I have taken “the first step in a journey of a thousand miles.” I am lifted by the realization that there is a higher purpose to all that has transpired.

    When he first broke the news to me, I asked him to re-evaluate what he was about to do, to think about the impact of this decision on his career. He later said to me, “Mom, I felt betrayed by your trying to dissuade me. I know you love me and I know where all this comes from but you are asking me to betray myself. When all is said and done, I must be able to look at myself and be content that I followed the dictates of my conscience.” My son hoped for my understanding and reassured me that he loved me but it was clear, whether I approved or not, he would follow through with his decision. He said, ” Mom, whether one person supports me or no one does, I have the duty to do the right thing.” The die is cast. Come what may, he is committed to staying the course. For this, he has my utmost respect. I would expect no less from him.

    In closing, I wish to leave you with the words of William Butler Yeats. His poem, The Second Coming, written after the horrors of World War I during the rise of communism and fascism, forecasted the demise of Western civilization and the menacing advance of an “unknown world about to be born.” Though written during a different period, it is as compelling now as it was then.

    William Butler Yeats: “The Second Coming” (1921)

    Turning and turning in the widening gyre (1) The falcon cannot hear the falconer; Things fall apart; the center cannot hold; Mere anarchy is loosed upon the world, The blood-dimmed tide is loosed, and everywhere The ceremony of innocence is drowned; The best lack all conviction, while the worst Are full of passionate intensity.
    Surely some revelation is at hand; Surely the Second Coming (2) is at hand; The Second Coming! Hardly are those words out When a vast image out of Spiritus Mundi (3) Troubles my sight: somewhere in sands of the desert A shape with lion body and the head of a man, A gaze blank and pitiless as the sun, Is moving its slow thighs, while all about it Reel shadows of the indignant desert birds. The darkness drops again; but now I know That twenty centuries (4) of stony sleep Were vexed to nightmare by a rocking cradle, And what rough beast, its hour come round at last Slouches towards Bethlehem to be born?

    Despite the cadence of doom, one is left with the choice to accept or reject Yeat’s fatalism. Lt. Watada chose to reject the inevitable. Today, I invite you to stand with him in his hour of protest. For ways you can participate, please visit www.thankyoult.org. Sign the petition to show your support. Familiarize yourself with the issues surrounding his case. Join us on August 16th, National Day of Education. On this day, supporters, nationally and internationally will host teach-ins, forums, house parties, etc. to address the question: “Is the Iraq War illegal?” Click on Resource Toolkit on the website’s main menu for some basic materials to use.

    August 16th is not only a day of education but a day of action as well. Rallies, bannering, vigils, church gatherings are planned. Join an existing group or create one that will make a difference. Begin laying the foundation for mass mobilization during the October court martial. For updates on this action, see www.thankyoult.org.

    The Lieutenant’s pretrial hearing on Aug.17th and 18th, in effect, puts the Iraq War on trial. This is a moment that has the capacity to alter the course of history. To this end, we must stand with Lt. Watada, remain of one mind, unwavering in our resolve. Through a collective will, energized by vision and courage, we will restore the beast to his “stony sleep.”

    Thank you.

    Speech delivered on July 22, 2006 for the Women’s International League for Peace And Freedom at Portland State University.
  • Iran, International Law, and Nuclear Disarmament

    Iran, International Law, and Nuclear Disarmament

    Iran has been accused of secretly pursuing a nuclear weapons program. Although Iranian leaders claim to be enriching uranium only for peaceful nuclear energy purposes, these claims have been treated with derision by the West. Despite the fact that most experts believe that Iran is still years away from developing a nuclear weapon, there are media reports suggesting that Israel and the US are making plans to attack Iran’s nuclear facilities, should Iran not give up its uranium enrichment program. Given this possible military scenario, and the recent vote by the Board of the International Atomic Energy Agency to report Iran to the United Nations Security Council, what is Iran likely to do?

    First, Iran will continue to assert its right under Article IV the Non-Proliferation Treaty (NPT) to pursue a peaceful nuclear energy program. Article IV refers to the “inalienable right” of states to nuclear energy. The parties to the treaty are promised assistance from more technologically advanced countries in pursuing this right. While this may be considered an untenable stipulation in the treaty, it is, nonetheless, the way the law stands. In accord with the treaty, in exchange for pursuing this right, Iran must agree to inspections of its nuclear facilities to assure that there has been no diversion of nuclear materials for making weapons. In fairness, if this aspect of the Non-Proliferation Treaty is to be altered, it must be done for all states, not singling out Iran for special punitive treatment. Currently, uranium enrichment plants are operating in China, France, Germany, India, Japan, Netherlands, Pakistan, Russia, United Kingdom and United States. Of these, Germany and Japan are non-nuclear weapons states that are parties to the Non-Proliferation Treaty, and thus have a similar relationship to the treaty as does Iran.

    Second, Iran will assert that under Article VI of the Non-Proliferation Treaty, the United States and the other nuclear weapons states have not fulfilled their obligations for “good faith” negotiations for nuclear disarmament. It will point to the 1996 International Court of Justice advisory opinion that states: “There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.” And it will point out the blatant refusal by the nuclear weapons states to carry out their Article VI commitments, including the plans by the United States to develop the Reliable Replacement Warhead, a new type of nuclear warhead to extend the viability of the US nuclear arsenal.

    Third, Iran will question the unequal treatment that it is receiving as compared to another Middle Eastern country, Israel, which is thought to possess some 200 nuclear weapons. Iran will note that there is not only a double standard between nuclear “haves” and “have-nots,” but also a double standard between Israel and other countries in the Middle East. It will rightly point out that there have long been calls for a Middle East Nuclear Weapons-Free Zone, including at the 1995 Non-Proliferation Treaty Review and Extension Conference, which have been largely ignored by Israel and the Western countries.

    Article X of the Non-Proliferation Treaty allows for a party to withdraw after giving three months notice if it decides that “the supreme interests of its country” are being jeopardized by the treaty. With threats of an attack against Iran if it does not cease its uranium enrichment, and the example of Israel developing a nuclear arsenal outside the NPT, it would not be unreasonable for Iran’s leaders to conclude that Iranian interests were better served by withdrawing from the treaty. Should they reach this conclusion, they may also point to the precedent of the Bush administration’s withdrawal from the Anti-Ballistic Missile (ABM) Treaty in 2002 on grounds that US national interests were being jeopardized by that treaty.

    The Non-Proliferation Treaty is the most widely adhered to treaty in the area of arms control and disarmament. Only four countries are not parties to this treaty – India, Pakistan, Israel, and North Korea – and all have developed nuclear arsenals.

    To effectively preclude Iran from leaving the treaty and possibly developing a nuclear arsenal, and avoid risking the significant dangers involved in preventive military strikes, larger problems must be solved. First, the Non-Proliferation Treaty regime must be made universal, applicable to all states, bringing in the four states currently outside the treaty. Second, the nuclear weapons states, both within the treaty and those currently outside of it, must begin the good faith negotiations for nuclear disarmament required by the treaty. These negotiations must be aimed at a Nuclear Weapons Convention that provides for the phased and internationally verifiable elimination of all nuclear weapons from all national arsenals. Third, all enrichment of uranium and reprocessing of plutonium, fissile materials that can be used to make nuclear weapons, must be brought under strict and effective international control.

    If this sounds utopian, it is surely no more so than believing that the current set of double standards, those that allow some states to continue to possess nuclear weapons while seeking to prevent others from having them, will be maintainable indefinitely. It is also certainly no more utopian than believing that preventive war, such as that waged illegally against Iraq, is a reasonable answer to every suspicion of nuclear weapons proliferation.

    The only safe number of nuclear weapons in the world is zero. The only way to reach this number is for the nuclear weapons states to become serious about the “unequivocal undertaking” to eliminate their nuclear arsenals that they made at the 2000 Non-Proliferation Treaty Review Conference. Until they do so, the prospects are high of countries like Iran following North Korea’s example of withdrawing from the Non-Proliferation Treaty and pursuing nuclear weapons programs.

     

    David Krieger is president of the Nuclear Age Peace Foundation (www.wagingpeace.org). He is the author of many studies of peace in the Nuclear Age, including Nuclear Weapons and the World Court.

  • The Holocaust and the Nuremburg Trials

    The greatest tribute we can pay to the memory of those who perished in the Holocaust and similar tragedies is never to stop trying to make this a more humane and peaceful world. The United Nations Charter of June 1945, expressed the determination “to save succeeding generations from the scourge of war.” Its Preamble spoke of the equality of nations large and small. It called for enhanced social justice, tolerance and respect for international law. In August 1945, the United States, the Soviet Union, Great Britain and France signed another Charter – creating the International Military Tribunal (IMT) — to bring to justice some of the German leaders responsible for aggression, crimes against humanity. and related atrocities. How far have we come and what more must be done before these noble goals can be achieved?

    THE LEGACY OF NUREMBERG

    The International Military Tribunal

    Germany had surrendered unconditionally. Each of the four occupying powers assigned leading jurists to serve as judges and prosecutors for the IMT. It was agreed that the proceedings had to be absolutely fair. The situs would be in Nuremberg, the home of Nazi party rallies. Robert M. Jackson, leading architect for the trials, took leave from the US Supreme Court to serve as America’s Chief Prosecutor. In his Opening Statement, Justice Jackson set the standard: “We must never forget that the record on which we judge these defendants today is the record on which history will judge us tomorrow.”

    Adolf Hitler and some of his top aides committed suicide, as did Field-Marshal Hermann Goering after he was sentenced to death by the IMT. Of the twenty-four defendants, three were acquitted, nine were imprisoned and twelve were sentenced to hang. The world was put on notice that those who held the reins of power would be accountable for their crimes. The learned IMT jurists confirmed the legal jurisdiction of the court and the validity of the charges under existing law. All proceedings were open to the public. The accused were presumed innocent, given humane treatment, and guaranteed rights, which they, in the days of their pomp and power, never gave to any man.

    After the widely adopted Kellogg Pact of 1928 outlawed the use of force, it should have come as no ex-post facto surprise to Nazi leaders that their blitzkrieg against other states would no longer be tolerated. Jackson noted that international law does not stand still but gradually evolves to meet changing needs. In 1946, the Nuremberg judgment and principles were unanimously affirmed by the first General Assembly of the United Nations. The law had taken a step forward. Aggressive war, which had previously been accepted as an international right, was confirmed as a punishable international crime.

    Subsequent Trials in Nuremberg

    Subsequent trials at Nuremberg, Tokyo and elsewhere built on the IMT foundation. The Allied Powers were unable to agree on another joint international trial but each could try their own captives. Since the IMT could provide only a snapshot of Nazi criminality, the US decided to conduct a dozen “subsequent proceedings” to be directed by General Telford Taylor, a key player on Jackson’s staff. Indictments were filed against doctors who performed forced medical experiments, judges who perverted the law, industrialists, military leaders and ministers who supported illegal Nazi policies. 142 of the 185 tried in the “subsequent proceedings” were convicted.

    In April 1946, I was recruited by the Pentagon to return to Germany to assist with the “Subsequent Proceedings.” I had worked as a research assistant to a Harvard professor writing a book on war crimes before I joined the army, as a private in the artillery, in 1943. When US troops advanced into Germany, I was transferred to General Patton’s Headquarters to help set up a war crimes program. As a war crimes investigator, I dug up bodies of captured Allied flyers beaten to death by enraged German mobs. I entered many concentration camps with the liberating army and witnessed the horrors of the Holocaust firsthand. I assembled documents and data to prove the full extent of Nazi criminality. The trauma of those indescribable experiences has never left me.

    After setting up offices in Berlin to gather evidence to support the planned new prosecutions, General Taylor assigned me to be Chief Prosecutor in what was known as the Einsatzgruppen case. The defendants were leaders of SS units that followed advancing German troops into occupied Poland and the Soviet Union. Their mission was to kill, without pity or remorse, every Jewish man, woman and child they could lay their hands on. Gypsies and any other perceived threats to the Reich were to suffer the same fate. According to their secret reports, these extermination squads, totaling about 3000 men, deliberately massacred over a million innocent people. The victims were killed simply because they did not share the race, religion or ideology of their executioners.

    The Mentality of Mass Murderers

    To prevent acts of genocidal barbarism, one must understand the mentality and reasoning of the murderers. The twenty-two defendants in the Einsatzgruppen case were selected on the basis of high rank and education. Many held doctor degrees — six were SS Generals. The principle defendant, General Dr. Otto Ohlendorf, patiently explained why his unit had killed about 90,000 Jews. Killing all Jews and Gypsies was necessary, said Ohlendorf. as a matter of self-defense.

    According to Ohlendorf, it was known that the Soviets planned total war against Germany. A German preemptive strike was better than waiting to be attacked. It was also known, said Ohlendorf, that Jews supported the Bolsheviks – therefore all Jews had to be eliminated. But why did he, the father of five children, kill the little babes — thousands of them? The bland reply was that if the children learned that their parents had been eliminated, they would grow up to be enemies of Germany. Long range security was the goal. He lacked facts sufficient to challenge Hitler’s conclusions. It was all very logical — according to General Dr. Ohlendorf.

    I had not called for the death penalty, although I felt it was richly deserved. I simply asked the court to affirm the right of all human beings to live in peace and dignity regardless of race or creed. It was “a plea of humanity to law.” The three experienced American judges concluded that a preemptive strike as anticipatory self-defense was not a valid legal justification for mass murder. If every nation could decide for itself when to attack a presumed enemy, and when to engage in total war, the rule of law would be destroyed and the world would be destroyed with it. All of the defendants were convicted; thirteen were sentenced to death and Ohlendorf was hanged. I was then 27 years old and it was my first case. The ideals that I then expressed have remained with me all of my life.

    HOW FAR HAVE WE COME?

    Restitution and Compensation

    Despite having promised my bride when we were wed in New York that we would be in Germany only for a brief honeymoon, we stayed on to help obtain restitution, compensation and rehabilitation for the survivors of persecution. As a salaried employee of Jewish charities, I directed innovative programs which had no historical or legal precedent. When, by 1956, Nazi victims of all persuasions had received payments from the West German government approaching about 50 billion dollars, we decided that it was time to return home with our four children born in Nuremberg. Practicing law in New York proved uninspiring. With war and killings raging all over the globe, I decided, at the age of fifty, to spend the rest f my life trying to replace the law of force by the force of law.

    New International Criminal Courts

    My mind turned to international criminal courts to deter international crimes. In 1946 the UN had called for a code of international crimes and an international criminal court to build on the Nuremberg precedents. Accredited as a member of a non-governmental organization, I obtained access to UN archives. I learned that delegates, unable, or unwilling, to agree upon a definition of the crime of aggression, argued that without it there could be no criminal code and without a code there could be no court. In truth, powerful nations were not ready to yield cherished sovereign prerogatives to any international criminal tribunal. After a definition of aggression by consensus was finally reached in 1974, the gates were opened for further work on the criminal code and court. The problems were thoroughly explored and documented in a number of books that I published between 1975 and 1983. My 1994 book New Legal Foundations for Global Survival was a comprehensive overview that UN Secretary General Kofi Annan generously described as “remarkable.”

    It took mass rapes in former Yugoslavia in 1991 to shake the world out of its lethargy. In 1993 the UN Security Council created the International Criminal Tribunal for the Former Yugoslavia (ICTY), to hold accountable those responsible for crimes against humanity, war crimes and the genocide cloaked as “ethnic cleansing.” When – to the everlasting shame of the international community — over 800,000 people were butchered in Rwanda in fratricidal tribal rivalries, the Security Council set up another ad hoc tribunal, the International Criminal Tribunal for Rwanda (ICTR), to bring some of the instigators and perpetrators to justice.

    Similar international tribunals, with limited jurisdictions, are beginning to function for crimes against humanity committed in Cambodia, Sierra Leone, East Timor and elsewhere. It should be obvious that temporary courts, created for a limited time in a limited area after the crimes have been committed, is hardly the most efficient way to ensure international justice. The missing link in the world’s legal order was a permanent court with universally binding laws that might help deter such crimes before they occurred.

    The International Criminal Court in the Hague

    After many years of difficult negotiations and compromises, the Statute for an International Criminal Court (ICC) was adopted by a treaty signed in Rome on 17 July 1998. 120 delegations voted in favor and seven against. UN Secretary-general Kofi Annan called it “a gift of hope to future generations.” By July 1, 2002, the treaty went into effect with ratification by 60 nations. By the end of 2005, the number of ratification had swelled to one hundred. Ratification by some of the major powers is still outstanding. The United States, indicated its early support for the ICC, when President Bill Clinton addressed the General Assembly. He had the treaty signed at the UN on New Year’s Eve, 2000. But, in an unprecedented repudiation, the signature of President Clinton was canceled as the new Bush administration, in May 2002, notified the UN that the US had no intention of becoming a party to the ICC.

    Conservative forces in the US government argued that the uncontrolled prosecutor, might unfairly prosecute US servicemmbers. Nations were warned that US economic and military aid would be halted unless they signed agreements exempting US citizens and their employees from the reach of the new Hague tribunal. The US, that had done so much to advance the rule of law, turned its back on the Nuremberg principle espoused by Jackson, Telford Taylor and many others, that law must apply equally to everyone.

    The fears expressed by the US government are misguided and not shared by the hundred nations that support the ICC — including America’s staunchest allies and the entire European Community. Under the ICC Statute, every nation must be given priority to try its own nationals. Only when the country is unable or unwilling to provide a fair trial can the ICC exercise jurisdiction. No prosecutor in human history has been subject to more controls. The American Bar Association and leading jurists support the ICC. It is hoped that when the ICC has proved its fairness and merit, the US will end its unreasonable boycott and join the other nations seeking to uphold fundamental principles of international humanitarian law.

    WHERE ARE WE GOING?

    Changing the way People Think.

    In every great democracy it is inevitable that there will be differences of opinion. There have always been those who are convinced that warfare is an unchangeable part of man’s nature. War is seen as a glorious manifestation of Divine law — “the big fish eat the little fish. Despite pretensions to the contrary, such skeptics do not really believe in international law. They reject the utility of new rules of the road or new institutions that seek to improve human behavior. They deride as “dreamers” or “idealists” those who believe that entrenched practices and values can be altered. Yet, history proves they are mistaken.

    Slavery has been abolished, women’s rights are growing, colonialism has all but ended, sovereign states are forming multinational unions bound by common rules, international criminal law and humanitarian law have come into existence and international courts are beginning to flourish. Nations are increasingly recognizing that, in this interdependent world, they must cooperate for their common welfare. The revolution in technology and communication holds forth the promise of a completely altered international and integrated human society for the enhanced benefit of all.

    To be sure, adherence to traditional cultures can enhance the quality of life and should be nourished. Loyalty to one’s neighborhood, nation or religion are cherished values that should be respected. But, as Nuremberg showed, differences of race, religion or ideology cannot be tolerated as valid grounds for destroying those who happen to be different. It is not permissible “self-defense” to slaughter “the other” — it is the crime of murder.

    Aggression, according to the Nuremberg judges and other precedents, is “the supreme international crime” since it includes all the other crimes. There can be no war without atrocities and unauthorized warfare in violation of the UN Charter is the biggest atrocity of all. The best way to protect the lives of courageous young people who serve in the military is to avoid war-making itself. One cannot kill an idea with a gun but only with a better idea. If people believe that law is better than war they must do all they can to enhance the power of law and stop glorifying war.

    There can be no real peace for anyone until there is peace for everyone. Education for peace must start at the earliest ages and be carried through all the institutions and modalities of learning, Understanding, tolerance, compassion, compromise and infinite patience hold forth more promise than the threat of nuclear annihilation or the devastating perils of modern warfare. The memory of those who perished in the Holocaust, and countless wars since then, cry out for an improved social order and a more humane and peaceful world for everyone.

    Benjamin B. Ferencz, a member of the Nuclear Age Peace Foundation’s Advisory Council, was Chief Prosecutor in the Nuremberg war crimes trial against Nazi extermination squads. He directed postwar restitution programs for survivors of persecution, practiced law in New York, was an Adjunct Professor at Pace Law School and is the author of many books and articles. He is a frequent lecturer on world peace. See his website: www.benferencz.org.

  • Our Global Cinderella

    The announcement that the Nobel Peace Prize for 2005 has been awarded to the International Atomic Energy Agency (IAEA) and to its chief, Mohamed ElBaradei, should remind us of the crucial activities performed by the United Nations.

    The IAEA, of course, is the U.N. agency that has worked, with considerable effectiveness, to stop the proliferation of nuclear weapons. Hundreds of nuclear facilities are monitored by the IAEA in over 70 countries. Among its other activities, it led the search for what the U.S. government claimed were weapons of mass destruction in Iraq and, in 2003, reported that it could not verify the U.S. contention. If the Bush administration had listened to its advice rather than to that of individuals who lied and distorted the truth about such weapons, the United States would never have rushed into a bloody, expensive, and futile war in that land.

    But this is only a small part of the U.N. record. Consider the following:

    • The U.N. has vigorously promoted economic and social development in impoverished nations. UNICEF alone is active in 157 countries, pouring $1.2 billion a year into child protection, immunization, fighting HIV/AIDS, girls’ education, and other ventures.
    • The U.N. has sponsored free and fair elections, including monitoring and advice, in numerous lands, including Cambodia, Namibia, El Salvador, Mozambique, South Africa, Kosovo, and East Timor.
    • Since the General Assembly’s adoption of the Universal Declaration of Human Rights in 1948, the U.N. has fostered the enactment of dozens of comprehensive agreements on civil, political, economic, social, and cultural rights.
    • Over the years, the U.N. has dispatched 60 peacekeeping and observer missions—16 of them currently in operation–to world trouble spots, saving millions of people from mass violence and war.
    • The U.N. assisted in negotiating some 170 peace settlements ending regional conflicts, including the Iran-Iraq war, civil wars in El Salvador and Guatemala, and the use of Soviet troops in Afghanistan.
    • The U.N. facilitated the decolonization of more than 80 countries, with almost a third of the world’s population.
    • Through its imposition of international measures ranging from an arms embargo to a convention against racially segregated sporting events, the U.N. played a key role in bringing an end to apartheid in South Africa and in transforming that country into a democratic nation.
    • Through the efforts of the U.N., more than 500 international treaties—on human rights, terrorism, refugees, disarmament, and the oceans—were enacted.
    • The U.N. has aided more than 50 million refugees fleeing war, famine, or persecution, including over 19 million of them—mostly women and children—who are today receiving food, shelter, medical aid, education, and repatriation assistance.
    • The U.N. sponsored world women’s conferences that set the agenda for advancing women’s rights, including the U.N. Convention on the Elimination of All Forms of Discrimination Against Women, which has been ratified by 180 countries.
    • The U.N.’s World Food Program, the world’s largest humanitarian agency, feeds some 90 million hungry people in 80 countries every year.

    And these are only some of the many accomplishments of the world organization.

    For Americans, this worldwide program is quite a bargain. The cost to every American of the regular budget of the United Nations is slightly more than $1 a year—less than the price of a soda. Actually, the cost is lower than it is supposed to be. U.N. budget contributions are calculated according to each nation’s share of the global economy which, in the case of the United States, is 34 percent. But the U.S. government has unilaterally set a cap on its contributions at 22 percent. By contrast, the Japanese pay closer to $2 per person. That $1 a year for the U.N. might also be compared to the annual cost of the U.S. military budget to every American man, women, and child: $1,600!

    Unfortunately, the U.S. government doesn’t appear to consider U.N. activities a bargain at all. In June 2005, the U.S. House of Representatives passed legislation (H.R. 2745) mandating cuts to the U.S. contribution to the U.N. and blocking U.S. contributions to new U.N. peacekeeping missions if the world organization does not agree to a list of items dictated by Washington. More recently, similar legislation was introduced into the U.S. Senate (S. 1394 and 1383).

    Nor is such behavior limited to Congress. The Bush administration has also sought to undermine the U.N. By nominating John Bolton—a U.S. government official who repeatedly expressed contempt for U.N. operations–to serve as U.S. ambassador to the world body, President George W. Bush made this clear enough and, thereby, created a scandal of major proportions. When the choice of Bolton proved too much for even the Republican-dominated U.S. Senate to stomach, Bush gave Bolton the job through a recess appointment.

    In the context of the furor over Bolton’s nomination, one would have expected him to adopt a cautious, low-key approach at the U.N. Instead, however, Bolton threw months of delicate negotiations over the September 2005 U.N. summit conference into disarray by proposing more than 700 changes to what seemed to many countries to be a near-final agreement. Ultimately, the agreement unraveled, and a number of potential advances went down the drain.

    The Bush administration has been just as critical of the U.N.’s Mohamed ElBaradei, who, by talking of the responsibilities of the nuclear powers as well as the non-nuclear powers under the Non-Proliferation Treaty, has refused to accept the U.S. government’s double standard as to nuclear weapons. As the New York Times reported on October 7: “Mr. ElBaradei won a third term as chief of the I.A.E.A. earlier this year despite opposition from Washington. He had overwhelming support from the rest of the world community.” Commenting on his receipt of the Nobel Peace Prize, ElBaradei was less direct about his difficulties with the U.S. government, but his meaning was clear enough. “The prize will strengthen my resolve and that of my colleagues,” he said, “to speak truth to power.”

    And so the Cinderella story of the United Nations continues. Despite the U.N.’s vital role in world affairs, the United States and—to a lesser extent—the other great powers are determined to keep it weak and impoverished. Unfortunately, in this case there is no Prince Charming to push past the wicked stepmother and stepsisters and reward Cinderella for her virtue. But, hopefully, the public, like the Nobel committee, recognizes that, despite the arrogant, self-interested, and reckless behavior of powerful nation-states, a global institution exists that serves all of humanity.

    Dr. Wittner, a Nuclear Age Peace Foundation Associate, is Professor of History at the State University of New York, Albany. His latest book is Toward Nuclear Abolition: A History of the World Nuclear Disarmament Movement, 1971 to the Present (Stanford University Press).

    Originally published by the History News Network.

  • The Abandonment of International Law After 9/11

    Presentation to the Congressional Black Caucus Annual Legislative Conference 2005, Washington Convention Center, 801 Mt. Vernon Place, Washington D.C., September 21-24, 2005.

    The US Government has long adopted double standards when it comes to respecting international law, especially in the setting of national security issues. It promotes a generalized respect for the Rule of Law in world politics, is outraged by violations of international law by its enemies, and chooses selectively when to comply and when to violate. This pattern goes far back in American history, but it is convenient to take note of American violations of international law in the setting of the Vietnam War, as well as periodic interventions in Central and South America. I would argue that this pattern has long harmed America’s global reputation and capacity for leadership, as well as worked against its own national interest.

    It seems clear that the United States, and the American people, would have benefited over the years from a foreign policy carried out subject to the discipline of international law. If the US Government had abided by international law, the dreadful experience of the Vietnam War would not have occurred. More recently, an observation that will be discussed further below, upholding international law would have avoided the fiasco of the Iraq War. Contrary to popular belief, respecting the restraints of international law better serves the national interest than does an attitude, so prevalent since 9/11, that international law poses inconvenient obstacles on the path toward national security.

    It is important to understand that the restraints of international law have been voluntarily developed by sovereign states to protect their interests and values. Their intent is practical. It reflects the wisdom of centuries of diplomacy. International law is of particular importance in relation to uses of force in the course of foreign policy, and more generally issues relating to security, especially war and peace. The US Constitution declares in Article VI(2) that duly ratified treaties are ”the supreme law of the land.” This puts the key rules and principles of international law on a par with Congressional acts. The Supreme Court has ruled that in the event of an unavoidable clash between these two sources of legal authority, the last in time should prevail.

    Let me make the general point more strongly. In a globalizing world of great complexity it is in the interest of all states, large and small, that their relations be reliably regulated by international law. This observation underpins the daily operations of the world economy and many other aspects of international behavior, including maritime safety, environmental protection, tourism, immigration, disease control. The stability of international life depends on a closely woven fabric of law as the basis for almost all activity beyond the borders of a sovereign state.

    What is a cause for deepest current worry is that the United States has seemed to abandon this understanding of the relevance of law to the establishment of world order. This concern is not entirely new. It runs throughout the entire course of American history, but it has taken a serious turn for the worse during the Bush presidency, especially in the aftermath of the 9/11 attacks. Even prior to the attacks, the foreign policy of the Bush administration disclosed its disdain for widely respected international treaties. The Bush White House contended that existing and pending treaties limited its military and political options. In the early months of the Bush presidency it announced its opposition to the Comprehensive Test Ban Treaty prohibiting nuclear weapons testing, its unwillingness to submit the Kyoto Protocol regulating greenhouse gas emissions, defiantly withdrawing its signature from the Rome Treaty seeking the establishment of the International Criminal Court, and its intention to withdraw from the Anti-Ballistic Missile Treaty. Such a pattern of unilateralist hostility to international treaties and multilateral cooperation was unprecedented in American history. It led to a strong negative reaction at home and abroad. Normally friendly governments were clearly alarmed by this internationally disruptive behavior of the new American president. The repudiation of widely endorsed multilateral treaty arrangements that were generally viewed as important contributions to a peaceful world seemed contrary to common sense, as well as to the general wellbeing of the peoples of the world. These expressions of unilateralist approach did not involve violating existing international law, but rather expressed the ultra neoconservative attitude that multilateral cooperation in the security area was undesirable, limiting the capacity of America to take advantage of its status as the sole remaining superpower in the aftermath of the Cold War.

    Congress is also not exempt from blame on these counts. It was in Congress even before George W. Bush came to Washington that militarist pressures were brought to bear in such a way as to oppose beneficial multilateral treaty constraints on United States policy. The Senate refused to ratify the Comprehensive Test Ban in the Clinton years, as well as being so strongly opposed to the ICC and Kyoto Protocol that there was no prospect for such treaties to be approved by the required 2/3s vote if submitted for ratification. What mainly distinguished the Bush approach to international law from that of its predecessors were two developments: its alignment of the Executive Branch with an anti-internationalist set of policies that seemed oblivious to the benefits of international cooperation; and its avowedly ideological and emphatic repudiation of treaty instruments and the restraints of international law in order to express its own approach to foreign policy premised on military dominance and interventionary diplomacy. It was this posture by the Bush leadership that frightened world public opinion. Before 9/11 a rising crescendo of domestic and international opposition to the Bush policies led to mounting criticism, especially given Bush’s dubious electoral mandate in 2000.

    This concern and opposition has dramatically intensified outside the United States since 9/11 because the Bush White House has moved from its earlier hostility to multilateralism to its unwillingness to abide by fundamental international legal rules and standards that this country, along with other constitutional democracies, had previously accepted as a matter of course. These rules include humane treatment of prisoners taken during armed combat, unconditional prohibitions on torture and assassination of political opponents, and the duty to protect civilians in any foreign territory under occupation. The most important of all these legal restrictions on foreign policy is the rule of international law prohibiting non-defensive uses of force without a mandate from the UN Security Council. In his 2004 State of the Union Address President Bush told the Congress that the United States would never seek ‘a permission slip’ in matters bearing on its security. But it is precisely a permission slip that international law, and the UN Charter, requires. Such a requirement was written into the Charter largely at the behest of the US Government after World War II, seeking to bind the states of the world to a legal framework that forbade wars of aggression, what more fashionably has been recently called ‘wars of choice.’ German and Japanese leaders were sentenced to death at war crimes tribunals because they had recourse to aggressive wars, and acted without a permission slip.

    The Iraq War is a notorious example of a war of choice that violates this fundamental rule of international law. As such, according to the Nuremberg Principles embodied in general international law after the conviction of German leaders for their criminal conduct, constitutes a Crime Against Peace. The American prosecutor at Nuremberg, Justice Robert Jackson, famously said to the tribunal, “..let me make clear that while this law is first applied against German aggressors, the law includes, and if it is to serve a useful purpose it must condemn, aggression by other nations, including those which sit here now in judgment.”

    This pattern of illegality continues to shock the conscience of humanity. American officials have strained to redefine ‘torture’ so as to permit what the rest of the world, and common sense, understand to be ‘torture.’ The abuse of prisoners detained in Guantanamo, Abu Ghraib, and elsewhere has severely damaged America’s reputation in the world, as well as undermined its struggle against those extremist enemies engaged in terrorism. Government lawyers and their supporters in society have argued in favored of assassinating suspects in foreign countries, and justified under the terminology of ‘rendition’ handing over suspects to foreign governments notorious for their reliance on torture as their preferred mode of interrogation. The detrimental impact of such American lawlessness on the protection of human rights has been documented in great detail by such respected organizations as the American Civil Liberties Union, Amnesty International, and Human Rights Watch.

    This record of abuse has badly tarnished America’s reputation as world leaders and limited the capacity of the government to get support for and cooperation with its anti-terrorist policies.

    It is notable to observe that the events of 9/11 produced a patriotic surge that has endowed the Bush administration with the freedom to embark on a foreign policy aimed at ‘geopolitical preeminence,’ and only incidentally concerned with the defeat of Al Qaeda and transnational terrorism. Such a priority was stated clearly before 9/11 in the report of the Project for a New American Century. And it was acknowledged subsequent to 9/11 in the important White House document entitled “The National Security Strategy of the United States of America.” (2002) In other words, violating international law, especially embarking on wars of aggression, has been integral to the realization of preexisting American global ambitions that were politically non-viable before 9/11. To sustain a climate of acquiescence within the United States it has been necessary to rely upon a manipulative politics of fear that has largely led to a suspension of criticism, including from the US Congress. In this crucial respect, the Congress is failing in its constitutional duties by not seeking to exert pressure on the Executive to uphold the Rule of Law by insisting on compliance with international law. Perhaps, the public outrage associated with the derelictions of governmental duty in the setting of Hurricane Katrina have finally opened a space for challenging the legitimacy of the present government, and holding the leaders to account. If the political will can be mobilized in Washington the blank check on government policy issued after 9/11 can at last be voided.

    But the neoconservatives in and around the White House seem unchastened. Despite the ongoing draining experience of the Iraq occupation, these foreign policy super-hawks are making belligerent noises that suggest the possibilities of further military adventures in the Middle East, targeting Syria first, and then menacing Iran. It is a sign of untamed and lawless militarism that the rightist columnist, Max Boot, writing in the LA Times on September 21, 2005, can argue that it is only targeting difficulties that make it impractical to strike at North Korea’s nuclear facilities from the air. Boot writes as if there are no legal or moral inhibitions on such aggressive uses of force at the whim of American leaders. If other governments were to adopt such a logic the world would quickly become an inferno of violence and extremism.

    It is and should be a requirement of a constitutional democracy in the 21st century that a government’s foreign policy, as well as its domestic behavior, be made subject to the discipline of law. In a globalized world the extension of law to international activity is in the national interest. It keeps our leaders from embarking on geopolitical ventures that are not supported by the citizenry if fully informed. American failures to abide by international law gives others a reciprocal right to violate their legal obligations, including in relation to Americans detained abroad as prisoners. What we see instead during the Bush presidency is a refusal to uphold the most fundamental obligations of international law that are binding on all sovereign states. We also believe that the willingness of American lawmakers and media to tolerate such illegality and criminality is a byproduct of the atmosphere that has followed from the 9/11 attacks. Because these attacks enabled the White House and Pentagon to pursue policies that their leadership favored before 9/11, but could not implement due to political obstacles, it becomes of immense practical importance to determine the authenticity of the official version of the 9/11 attacks and response. The readiness to plan the Iraq War as early as September 12, 2001 and the availability of the legislative draft that was to become the Patriot Act give every right for a vigilant citizenry to be suspicious. As suggested, in the aftermath of Katrina, and given the continuing ferocity of the Iraqi resistance to the American occupation, new political possibilities exist to challenge the Bush White House, and revamp American foreign and domestic policy, attending to the needs of the people, especially those who suffer in poverty while those around them wallow in obscene wealth.

    Finally, adherence to international law in matters of war and peace is in the interest of the American peoples and the peoples of the world. There may be humanitarian emergencies or dangerous threats of attack that might justify recourse to war as the UN Secretary General and the UN High-level Panel on Threats, Challenges and Change both conclude, but recourse to war is only legally valid if it is authorized by the Security Council. America and the world will be better off when non-defensive warfare requires in every instance ‘a permission slip.’

    Let hope that American lawmakers can learn from Iraq and Katrina to work for the security and wellbeing of the citizenry and of the world, to reassess priorities, and to reaffirm the importance of adhering to international law and of respecting the human rights of all persons, both citizens and non-citizens, whether in detention within the country or beyond its sovereign borders.

    Richard Falk, chair of the board of the Nuclear Age Peace Foundation, is the author of Religion and Humane Global Governance (Palgrave) and, most recently, The Great Terror War (Olive Branch). He is currently visiting professor of global studies at UC Santa Barbara.

  • On Eve of World Summit, Hurricane Bolton Threatens to Wreak Havoc on the Global Poor

    One of the truly heart-warming reactions to the suffering wrought by Hurricane Katrina is the response from the international community. The Red Cross received thousands of donations from individual foreigners—rich and poor—whose hearts went out to the victims. The governments of over 60 nations offered everything from helicopters, ships, water pumps and generators to doctors, divers and civil engineers. Poor countries devastated by last year’s tsunami have sent financial contributions. Governments at odds with the Bush administration— Cuba, Venezuela and Iran—offered doctors, medicines and cheap oil. The international response has been so overwhelming that the United Nations has placed personnel in the Hurricane Operations Center of the US Agency for International Development to help coordinate the aid.

    Unbeknownst to the US public, however, at the very time impoverished Americans are being showered with support from the world community, the Bush administration’s newly appointed UN ambassador, John Bolton, has been waging an all-out attack on the global poor.

    Tomorrow, September 14, over 175 heads of state will gather in New York for the World Summit. One of the major items on the agenda is global poverty. Back in 2000, 191 nations listened to the desperate cry of the world’s poor and developed a comprehensive list to eradicate poverty called the Millennium Development Goals. The goals, to be achieved by 2015, were to reduce by half the proportion of people living on less than a dollar a day, achieve universal primary education, promote gender equality, stop the spread of HIV/AIDS, improve maternal health and reverse the loss of environmental resources. To achieve these ambitious goals, the rich countries made a commitment to spend 0.7 percent of gross domestic product on development. The upcoming Summit was supposed to review the progress toward achieving these goals.

    But even before the first world leader landed in New York, John Bolton threw the process in turmoil. In a letter to the other 190 UN member states, Bolton wrote that the United States “does not accept global aid targets”—a clear break with the pledge agreed to by the Clinton administration. (While some countries, including Sweden, Denmark, the Netherlands and Luxembourg have already reached the aid target of 0.7 percent, the United States lags far behind, spending a mere 0.16 percent of its GDP on development.)

    Bolton wanted these goals to be eliminated from the document being prepared for the World Summit leaders to sign. In fact, Bolton stunned negotiators when less than one month before the Summit, he introduced over 500 amendments to the 39-page draft document that UN representatives had been painstakingly negotiating for the past year.

    The administration publicly complained that the document’s section on poverty was too long and instead called for greater focus on free-market reforms. But those free market reforms did not include encouraging corporations to promote the public good. On the contrary. Bolton wanted to eliminate references to “corporate accountability.” And he went even further, trying to strike the section that called on the pharmaceutical companies to make anti-retroviral drugs affordable and accessible to people in Africa with HIV/AIDS. Bolton’s message that corporate profits should take preference over social needs offers no comfort to the 30,000 poor who die daily from needless hunger and curable diseases.

    In another area that severely impacts the world’s poor—climate change— Bolton has been equally brutal. While Hurricane Katrina was lashing the Gulf states, Bolton was slashing the global consensus that “climate change is a serious and long-term challenge that has the potential to affect every part of the world.” Not only did he attempt to wipe out any references to meeting any obligations outlined in the Kyoto Protocol, but he also stunned negotiators when, in the section on the UN’s core values, he tried to cut the phrase “respect for nature”.

    Finally, with global resources that could used to alleviate poverty instead going into the never-ending arms race, Bolton’s agenda moves us in the direction of an even more dangerous and violent world. He tried to eliminate the principle that the use of force should be considered as an instrument of last resort, slash references to the International Criminal Court and calls for the nuclear powers to make greater progress toward dismantling their nuclear weapons, and cut language that would discourage Security Council members from blocking actions to end genocide.

    John Bolton’s slash-and-burn style has convinced many global leaders that the US agenda is not to reform the United Nations but to gut it. In fact, Bolton even called for deleting a clause saying the United Nations should be provided with “the resources needed to fully implement its mandates.”

    The Bolton/Bush agenda reflects a misguided belief that absolute US sovereignty should take precedence over international cooperation. It also sends a message that the US government feels no responsibility towards—or compassion for—the world’s poor.

    UN Secretary General Kofi Annan has urged the United States to back down and reaffirm its support for the millennium development goals, goals that he says have been embraced by the whole world as a way to help poor people who want to live in dignity. Even U.S. allies like Tony Blair have stepped in to try to stop Bolton from wrecking the Summit.

    The outcry from the global community is forcing Bolton to back down on some of his more outrageous demands. But the Bolton/Bush agenda still refuses to seriously address the critical issues of our times, ranging from global warming to the arms race to grinding poverty. We citizens must demand that our government’s face to the international world not be that of a mean-spirited, aggressive bully but one that reflects the compassion and commitment to alleviating suffering and environmental devastation that the world has shown us in the wake of Hurricane Katrina.

    Please take a moment to fax John Bolton at http://www.globalexchange.org/getInvolved/actnow/bolton.html.

    Medea Benjamin is Founding Director of the international human rights group Global Exchange.

  • Leveraging the Anti-Nuclear Majority: How to Create a Serious Nuclear Disarmament Coalition (NDC)

    When Dryden penned the phrase “War is the trade of kings,”1he was simply coining a tragic truism of his day. Kingship was hereditary in 1691, and the king’s subjects did his bidding, in particular the waging of war. By 1961, with the growth of democracies and human rights, things were supposed to be different. Yet the “kings” of the modern era—the victors of WWII— were, and still are “trading in war,” still producing and profiting from all manner of weaponry designed to wound, dismember, blind, burn and kill enemy populations. And the trump card in their deck for the last sixty years has been nuclear weapons.

    Given how drastically the nature of war has changed, it is time question the lofty assumptions conveyed in Dryden’s dictum. Who still believes that modern war is capable of being honorably conducted by virtuous leaders? Is it not rather time to talk of a new kind of “trade,” based on peace? Robust foreign trade in a climate of peace may be, in fact, the “trade of the just,” as opposed to the trade of kings. And that very commerce, if wisely managed to further the goals of world peace and nuclear disarmament, could have a decisive effect in convincing the current “kings” of this world and their citizens that nuclear arms are no longer a useful asset.

    Today there are nine nation-states capable of “trading” in nuclear war. God help us if they ever do! They polish and prime their arsenals in the vain belief that such weapons will make them more secure, more prestigious, more “kingly” if you will. They fail to realize that nobody wins if there is even a single nuclear exchange. They seem unwilling to “lock down” and eventually give up their thermonuclear bombs—even under the strictest of controls.

    The possession of a nuclear arsenal, alas, has been seen as conferring special status within the United Nations on the oldest of the nuclearized states (the P5 in the Security Council: China, France, the Russian Federation, the U.K. and the USA). Their undeserved status has had the unfortunate effect of encouraging imitator-states, so that now there are four more in that club of dubious distinction (India, Pakistan, Israel, and North Korea). Other countries may be planning to join. The aim of this paper is to suggest strategies and methods that could be effective in convincing the nuclear-weaponized states, and any others that aspire to be such, that they would lose more than they gain by developing and/or maintaining their arsenals.

    In 1943, the year I was born, the world was at war; but at that time at least there were no nuclear weapons. Incendiary bombs were bad enough; yet there was still a limit to how much death and destruction a single bomb could visit on mankind. Ever since 1945, however, when I was two years old, I and my generation, and eventually my children’s and grandchildren’s generation— we have all been subject to a threat of almost Biblical proportion and resonance. We have been living—and still live—just minutes away from either inflicting or suffering the worst blasphemy, the worst insult to God’s creation, the most horrendous and indiscriminate waste of human life, and the most lethal and persistent poisoning of the environment that the world has ever known.

    The dream that I am sharing with you today is that we who are over 60 should be able to leave this world as free of nuclear weapons as it was when we entered it, so that those who are born in 2013, 2023, or 2033, will be able to look back over their lives and say:

    “Yes, I was born into a world with many problems, but nuclear war was not one of them. Thanks to a coalition of non-violent, visionary states back in the early 21 st century, with the ability to see thermonuclear weapons for what they really were, and the courage to stand up for sanity and our common humanity, the nuclear-armed states were persuaded to give up their reliance on those terrible weapons. Planet earth, our lifeboat in the vastness of empty, cold, and lifeless space, still faces many problems, but anti-population warfare with environmentally catastrophic weapons. thank God, is not one of them.”

    Some recent history—high notes and low notes

    The United Nations charter was already signed in San Francisco, on June 26, 1945, weeks before we entered the nuclear age by exploding the first atomic bomb, July 16, 1945. A few months after the atomic attacks on Hiroshima and Nagasaki in August, the very first resolution of the UN General Assembly, meeting in London on January 24, 1946, called for “the elimination from national armaments of atomic weapons and of all other major weapons adaptable to mass destruction.” It was passed unanimously… and nothing happened. Au contraire, within fifty years, the number of nuclear weapons in the superpowers’ arsenals had grown to more than 60,000. There still remain more than 30,000 today – equivalent in destructive force to some 200,000 Hiroshima-sized bombs.

    General Assembly resolutions

    The UN General Assembly has continued, year after year, to pass a wide variety of passionate resolutions on the subject of nuclear weapons: how to limit their development, testing, and use; and how to achieve disarmament. A search that I conducted in September 2005 of the information system at the Dag Hammarskjöld Library at the UN, seeking General Assembly resolutions involving the keyword-phrase “nuclear weapons,” found 158 such documents online. They date mostly from 1983 forward. Given these results within just a twenty-year period, I would estimate that the member states of the UN have passed resolutions in the General Assembly to limit, reduce, or eliminate nuclear weapons on more than 200 occasions already, usually with a wide majority bordering on unanimity. (Later we shall review the pattern of voting.) But still no real progress toward a serious Nuclear Weapons Convention has been made at the UN. Alas, the Review Conference of the Non-Proliferation Treaty at the UN in May 2005 was deeply disappointing, in that it “did little to tighten control over the spread of nuclear arms.”2

    UN Security Council resolutions

    Along with the 200-plus UN General Assembly resolutions, eloquent if weak, there have been at least seven Security Council resolutions on the subject of nuclear weapons (see Appendix A). They have generally dealt with specific issues of concern to the nuclear superpowers, like the behavior of India or Iraq. But none has hit home. None has resulted in the abandonment of thermonuclear weapons by any state that already had them. And none has prevented other states who were determined to acquire them from getting them. So much for the best efforts of UN diplomats. They can certainly sing the high notes, but they haven’t shattered any glass yet. The record shows that even the most sincere diplomatic efforts made at the UN, given its power structures and forums favoring the nuclear-armed states, have met with no significant nuclear disarmament successes.

    Non-governmental voices

    At the other end of the political gamut, we are hearing today more and more a chorus of “low notes,” that is, voices from grass-roots organizations like the Nuclear Age Peace Foundation,, Abolition 2000, International Physicians for the Prevention of Nuclear War, and Mayors for Peace. They are part of a worldwide network of over thirty professional, civic, and non-governmental organizations – all with links to and from the wagingpeace.org Web site. They are doing great work to keep alive the conversation about the sacredness of human life and the utter waste and moral bankruptcy that building, storing, deploying, arming, and targeting nuclear weapons represents. But still, these groups are at best only raising awareness of a continuing problem and threat. By using words alone, even by speaking (as St. Paul says) with “the tongues of men and angels,” those of us who sing the “low notes” will probably never be able to persuade the nuclear-weaponized states, no matter how eloquently we speak, to collectively relinquish their supposedly sovereign right to stockpile and use weapons of mass destruction. So what will put those countries on a path to nuclear disarmament? How can we use appropriate leverage to make this dream a reality?

    A new kind of chorus

    The answer, I believe, lies neither in the “high notes” of UN diplomacy (always hampered by Security Council vetoes and the resistance of nuclear-armed states to any change in the status quo), nor in the “low notes” of grass roots mobilization alone. Rather, what we need to do is mobilize the already extant majority of nation-states, those 180-odd that are non-nuclear, in particular the 110 to 150 who consistently vote in favor of nuclear limitation and disarmament at the General Assembly. We need to encourage them to create their own worldwide coalition, celebrating and favoring their fraternal humanity and their restraint in “the trade of kings” in every conceivable peaceful way, and in like measure shunning and disfavoring for cause the nuclear-weapons-bearing states, their governments, and their business delegations, until they reform.

    If the anti-nuclear majority could be brought together to form an effective coalition—perhaps called the Nuclear Disarmament Coalition (NDC)—its member states could provide the crucial leverage needed to achieve real progress toward disarmament. They could create the necessary conditions worldwide (not just rhetorically, in the halls of the UN) that would make it manifestly less advantageous, less convenient, less acceptable, more troublesome, and patently more costly for the nuclear states to cling to their warheads than to get rid of them. Somehow the nuclear-weapons-free governments need to get organized, and to start seeing themselves in a new light: as the “most favored nations” of planet earth… as “the new common market” of planet earth.

    • They need to be encouraged to use every non-violent means at their disposal to confront any states that are out of line.
    • They need to be encouraged to dream up the most colorful, most provocative, most imaginative of non-violent means to discourage the nuclear-weapons-club states from renewing their membership in that club.
    • Keeping a nuclear weapons arsenal must come to be understood as:
      • no longer fashionable (imagine how the entertainment industry could help here!),
      • no longer economically advantageous (imagine having to pay more for everything if your country is not part of the NDC),
      • no longer the way to get ahead in the world (imagine your delegations and cultural and industrial exports being shunned),
      • no longer even socially acceptable (imagine not being invited to World conferences, fairs, and festivals!)

    Real progress in nuclear disarmament, I am suggesting, will only come quickly if the nuclear-weaponized states are persuaded, in the face of resounding worldwide public opinion, that it is in their own best interest to disarm and rejoin the rest of the world. The NDC states will need to make a convincing case of how serious they are about obtaining a safer world, and clearly outline the geopolitical and commercial realignments and consequences that will result if nothing is done.

    When I say “the rest of the world,” I’m talking about the true world majority in terms of:

    • sovereign states (182 vs. 9), and even
    • population (3.3 billion vs. 3.1 billion)(see Appendix B);
    • potential developing markets, and even access to
    • raw materials and essential commodities

    These are the very factors that will be most important for the stimulation of growing economies and for improving the standard of living of the world’s citizens in the years to come.

    On the subject of population: One should neither be unduly impressed nor discouraged over the coincidence of high-population countries and large nuclear weapons arsenals. It really has nothing to do with population. Nuclear weapons are usually a by-product of an overdeveloped military-industrial complex, coupled with a leadership living in fear, or needing to instill fear in order to be reckoned with. This is as true for tiny Israel and N. Korea as it is for giant Pakistan and India. It is possible, however, that the large populations of many nuclear countries currently assumed to be quietly favoring nuclear weapons will turn out to be the very vocal masses demanding disarmament from within. The more the merrier! This will be especially true if their imaginations can be fired by the dramatic steps the rest of the world might soon be taking to shun and disfavor nuclear-weapons-armed states.

    Economic Leverage

    One persuasive way to get the attention of rich nuclear countries may, in fact, be via their pocket books. When it comes to raw materials, the stuff that keeps the first world happy, the anti-nuclear majority of countries just might have a few cards to play.

    Petroleum and Natural Gas

    Only about a quarter of the world’s states, 46 of some 200-odd oil-producing states and protectorates, produce petroleum in quantities over 100,000 barrels a day. The top 46 producers (which include the 11 OPEC countries) account for nearly 75 million of the 76 million barrels produced daily. Saudi Arabia leads the world with 9 million bbl./day. Four of the nuclear-armed states—Pakistan (61,000 bbl), France (35,000 bbl), Israel (just 80 bbl) and North Korea (0)—are not in the league of major producers. Only the remaining five of nine nuclear-armed states are in that league: Russia, the U.S., China, the U.K., and India; but none is among OPEC’s eleven members. The five in question only produce collectively 22 million barrels/day—far from enough to meet their own needs. (See Appendix C)

    The point of this discussion is to make clear that leverage for serious progress towards nuclear disarmament in fact is in the hands of about 40 major, nuclear-weapons-free, oil-producing states at this time, and will continue to be for the next twenty years. A polite, principled, and firm confrontation of the few (the 9 nuclear-armed, oil-consuming states) by the many—the 40 major oil producing states, with the promise of graduated price hikes for any states that refuse to adhere to an NDC-approved nuclear disarmament timetable, would certainly get the attention of the nuclear-armed states and their citizens. It would become a tremendous internal political issue. (See also Appendix C for similar figures regarding natural gas supply and demand worldwide.)

    Coffee – 55 of the 56 countries that produce coffee worldwide are in the nuclear-weapons-free camp. The only exception is India,3 whose coffee production amounts to less than 4% of world production, and is largely consumed domestically. Imagine how the American, French, and British public would react if they woke up one morning to learn that the NDC states, which may include virtually every coffee producing country in the world, were instituting a new, dramatically higher price structure for coffee beans going to non-NDC states. Could Americans swallow that? How would they vote, if they had the ability to vote, on the one issue potentially keeping them from affordable and plentiful coffee every day?

    Critical and Strategic Minerals — Although the nuclear-armed states recycle varying proportions of chromium, cobalt, manganese and platinum group metals, they are almost completely dependent on imports for new supplies. World production of these metals is dominated by a few countries, including South Africa and the Democratic Republic of Congo, none of which is part of the nuclear-armed camp. Here is an interesting table about rare metals used in jet fighter engines. It was produced by Doug Davidson, a scientist with the Biosphere 2000 project. I think the implications are clear enough.4

    Amount of Strategic Minerals Used in One Jet-Fighter Engine and Percentage Supplied by Imports
    Mineral Amount Used (in tons) Percent Imported
    Titanium 2.7 35
    Nickel 2.6 73
    Chromium 0.8 91
    Cobalt 0.5 93
    Aluminum 0.4 94
    Columbium 0.1 100
    Tantalum 3 pounds 90

    Commodities — According to figures published in the current CIA Factbook online,5 US commodity imports account for the following percentages of our consumption: agricultural products 4.9%, industrial supplies 32.9% (crude oil 8.2%), capital goods 30.4% (computers, telecommunications equipment, motor vehicle parts, office machines, electric power machinery), and consumer goods account for 31.8% (automobiles, clothing, medicines, furniture, toys).

    It would not be unreasonable to suggest that Nuclear Disarmament Coalition countries could decide to favor other NDC member states dramatically with their exports and pricing structures, and to do just the opposite in dealing with the nuclear-armed states that continue to hold out. The message to the few remaining states in the nuclear-armed club would be clear enough: Keeping nuclear weapons, besides being wholly unacceptable to the majority of your own country’s informed citizens, to the majority of the world’s citizens, and to the political leaders of the NDC, is bad for business, bad for trade, and will be detrimental to your supply of basic commodities.

    How might the Nuclear Disarmament Coalition get started?

    If it’s going to happen, I believe that it’s going to happen directly and multilaterally among interested states. We may continue for several more years to hear the “high notes” of UN resolutions, and the “low notes” of grassroots movements, but we probably won’t hear or see at the outset the “middle voices”—the quiet diplomacy that gets this movement started. As I have suggested in the attached one-page summary (Appendix E): “Imagine a non-nuclear host country inviting the foreign ministers of nearly all 180 other non-nuclear states to a meeting to create and celebrate a new alliance of countries fully committed to nuclear sanity and non-military dispute resolution.” Realistically the host country could be Ireland, Canada, Australia, Spain, Japan, or a Nordic country. It could even be France, the U.K., or India if one of them would kindly surprise the world soon by unilaterally ridding itself of its WMDs—a stunning possibility not to be ruled out!

    I see the job of those who may be moved to action by this scenario, if indeed we are able to make common cause on this strategy, to be one of quietly and credibly pitching this plan to a series of most-likely host countries, one at a time, until we find one who will take the ball and run with it. We could even raise money for the initial founding conference of the NDC. I’ll bet that quite a few private foundations and businesses would contribute significant sums to help launch this humanity-saving initiative.6 After all, a peaceful world will be much better for business than one that remains on the brink of nuclear desolation, with the Doomsday Clock teetering at a mere seven minutes to midnight.

    What about unanticipated consequences?

    Would a serious, proactive NDC provoke unacceptable or dangerous consequences?This is an interesting question, because aside from economic blockades at various times, there has never been the use of principled, consciously non-violent confrontation tactics on the world stage before, especially in support of something which is manifestly in the interest of all humankind. Here are some random thoughts on this subject:

    1. There could be nuclear isolationism. Isolationist elements in the nuclear-armed states could end up cheering that finally the rest of the world is separating itself from them. But when they began to encounter a divided and indignant world in which they themselves were in the decided minority, facing rationed coffee, heating oil and gasoline, I wonder if they wouldn’t reconsider their relative position, and ask themselves what they are really afraid of.

    2. There could be trade wars. The nuclear-armed states could arguably launch trade sanctions of their own against particular NDC states, including the freezing of assets, military threats, and outright seizure of terrain and resources in those states. I would never minimize the economic damage that the world’s largest economies could wreak. But I do not think that world public opinion and domestic public opinion will stand for selfish gunboat diplomacy in the 21 st century. The bitterness and the human cost of American adventurism in Vietnam and Iraq will not soon be forgotten.

    3. There could be accusations of blackmail. The nuclear-armed states could condemn NDC actions and threats as a form of blackmail, and “refuse to give in to blackmail” on principle, the merits of nuclear disarmament aside. It would be incumbent on the NDC states, therefore, to use the clearest possible language and the most persuasive communication models in waging its public relations campaign. It would need to make the world’s governments, media, and populations understand clearly its motives (the sacredness of life, human survival), and its methods: use of the very best models of non-violent resistance, as given to the world by none other than two current nuclear powers: India (Gandhi) and the USA (M. L. King).

    4. The UN could be undermined. In fact, an effective Nuclear Disarmament Coalition could certainly be well represented in the present UN General Assembly. It could use that forum to great advantage. But NDC-introduced resolutions would be non-binding, and would probably never fly in the Security Council. Whether a strong NDC would undermine the UN, sidestep the UN, or cause its transformation for the better is an open question.

    • It would not be the first time that the countries of the world acted multilaterally outside the UN, if it came to that. Many landmark international treaties and settlements have been made, in fact, bilaterally or multilaterally without UN auspices, and only later ratified by most other states with little or no direct UN involvement. The creation of Israel (1945), the crafting of the Antarctic Treaty (1956), the creation of Bangladesh (1971), and the Oslo Accords (1993) are cases in point.
    • The empowering of up to 180 non-nuclear nations to make the most of their common agenda for humanity by embarking on an ambitious program of foreign trade, cultural exchanges, joint scientific ventures, and international development could well lead them to create their own successor UN-like forum. It might be called the United Non-Nuclear Nations (UN2) or United Non-nuclear States (UNS). And UN2/UNS Headquarters could spring up in a nuclear-weapon-free host country. I would especially love to see the successor host country be France or the UK, after either one unilaterally disarmed, breaking with the “gang of nine.” Only then could it, in fact, take the lead in creating and hosting the NDC.

    The major nuclear-weapon-armed state that is first to rid itself of its arsenal would send a shock-wave of possibility-thinking and a challenge to geopolitical inherited widsom echoing ‘round the world. Its government would richly deserve the moral-leadership status among the nations that it would acquire. And if it capitalized on its leadership to create and host a genuinely proactive Nuclear Disarmament Coalition, it would reap enormous rewards in terms of international trade and good will. As the probable host to a new and reformed United Nations, it could well usurp the place of the United States as leader of the peace-loving world—a position to which the United States can no longer lay claim, considering its leadership in the conduct of overseas wars since the 1960s.

    Which countries would probably make up the NDC?

    On average there are about 110 to 150 countries whose UN representatives actually vote consistently in favor of most any resolution to limit, ban, or dismantle nuclear weapons. Appendix D conveys a sense of the voting records of those countries, showing how often they agree on this important matter. It also suggests which nuclear-armed states usually oppose the GA’s non-binding resolutions… if they bother to vote at all.

    Sample votes in G. A.:

    Resolution 55/33 R (2000), A path to the total elimination of nuclear weapons, sponsored by Australia and Japan, was adopted 155-1 (India opposed), with 12 abstentions.

    Resolution 55/33 C (2000), Towards a nuclear-weapon-free world: the need for a new agenda, sponsored by 63 States, was adopted 154-3 (opposed by India, Israel, Pakistan), with 8 abstentions.

    Resolution 56/413 (2001), United Nations conference to identify ways of eliminating nuclear dangers in the context of nuclear disarmament, was adopted 115-7 (4 nuclear powers opposed, including USA, Israel, France, and the UK), with 37 abstentions.

    Resolution 59/76 (2004), A path to general and complete disarmament, was adopted 165-3 (UK and Russian Federation in favor! India & USA, against), with 16 abstentions (including China and Israel)

    Again, which countries would probably make up the NDC? No doubt all of the countries which regularly vote in favor of nuclear-weapons control and disarmament. These would be the core NDC member states.

    Have other international coalitions been working to eliminate nuclear weapons?

    There have been a few limited attempts in recent memory to organize both states and NGOs with a view to persuading the major nuclear-armed countries to work seriously toward disarmament. Perhaps the most significant of these on the geopolitical landscape has been The New Agenda Coalition, launched in Dublin in June 1998, with a Joint Declaration by the Ministers for Foreign Affairs of Brazil, Egypt, Ireland, Mexico, New Zealand, Slovenia, South Africa and Sweden (alas, Slovenia later withdrew in order to position itself for NATO membership). Its efforts have been endorsed by the European Parliament; a copy of that statement is available on the www.wagingpeace.org web site.

    In the NGO arena there have been two significant recent developments, each with impressive memberships, agendas, and Web presences:

    1. The Middle Powers Initiative. Through the Middle Powers Initiative, eight international non-governmental organizations (Global Security Institute, International Association of Lawyers Against Nuclear Arms, International Network of Engineers and Scientists for Global Responsibility, International Peace Bureau, International Physicians for the Prevention of Nuclear War, Nuclear Age Peace Foundation, State of the World Forum, and Women’s International League for Peace and Freedom) have been able to work primarily with “middle power” governments to encourage and educate the nuclear weapons states to take immediate practical steps that reduce nuclear dangers, and commence negotiations to eliminate nuclear weapons.

    Middle power countries are politically and economically significant, internationally respected countries that have renounced the nuclear arms race, a standing that gives them significant political credibility. The campaign is guided by an International Steering Committee, chaired by Senator Douglas Roche, O.C., former Canadian Disarmament Ambassador.7

    2. The Parliamentary Network for Nuclear Disarmament (PNND) is dedicated to providing parliamentarians worldwide with up-to-date information on nuclear weapons policies and to helping parliamentarians become engaged in nuclear nonproliferation and disarmament initiatives. PNND is a non-partisan forum for parliamentarians, nationally and internationally, to share resources and information, develop cooperative strategies and engage in nuclear disarmament issues, initiatives and arenas. It is a program of the Global Security Institute and is guided by the steering committee of the Middle Powers Initiative.8

    Have they made any significant progress in furthering nuclear disarmament? Certainly the awareness of the gravity of the situation among the general public has been raised by these efforts. Yet for all their wisdom, creativity, and passion, these coalitions (to my way of thinking) have still lacked the leverage necessary to move their crucial agenda forward. It is likely that they would align themselves with and support in a heartbeat any country that took the lead in organizing a Nuclear Disarmament Coalition.

    In Conclusion

    Strong medicine is desperately needed. A gesture to capture the world’s imagination is desperately needed, coupled with a new experiment in geopolitics: non-violent resistance among nation-states, on the international stage. That is what this paper is urging. Whether it begin with unilateral disarmament by one of the P5 states, or with an unprecedented organizing conference by the nuclear-weapons-free states, or with a carefully staged walkout by 190 states at the UN—something that is both dramatic and principled must be done to move our planet beyond its fatal complacency in the face of these awful weapons.

    Every single nuclear weapons on earth today was created by flawed human beings—men with strong minds and strong patriotic emotions, but utterly lacking in what Norman Cousins called “moral imagination.” We reject their legacy. The time has finally come to do away with it. A serious Nuclear Disarmament Coalition using strong, non-violent confrontation tactics will provide the leverage needed to accomplish this goal within a decade.

    Let me end by quoting what Joseph Rotblat said on this subject:

    “Morality,” he wrote, “is at the core of the nuclear issue: are we going to base our world on a culture of peace or on a culture of war? Nuclear weapons are fundamentally immoral: their action is indiscriminate, affecting civilians as well as military, innocents and aggressors alike, killing people alive now and generations as yet unborn. And the consequence of their use could bring the human race to an end.” He ended his appeal with his oft-repeated plea, “Remember your humanity.”

    Humanity should be proud to have had a dissenting nuclear scientist like Rotblat. David Krieger’s recent tribute to his passing states, “When he learned in late 1944 that Germany would not succeed in developing an atomic bomb, he believed there was no longer reason to continue work on creating a US bomb. For him, there was only one reason to create an atomic weapon, and that was to deter the German use of such a weapon during World War II. If the Germans would not have an atomic weapon, then there was no reason for the Allies to have one. Joseph was the only scientist to leave the Manhattan Project on moral grounds.”9

    What the world now needs is a dissenting nuclear state to take a moral stand like Rotblat: to disarm unilaterally, and to start a chain reaction of a whole new sort: a Nuclear Disarmament Coalition that will finally provide the practical leverage needed to persuade the few remaining nuclear powers to put down their nuclear swords and shields, convert them to plowshares, stop threatening humanity, and study war no more!

    Appendix A

    UN Security Council Resolutions on Nuclear Weapons (in reverse chronoloical order)

    7. Title: Security Council resolution 1540 (2004) [on non-proliferation of nuclear, chemical and biological weapons] UN Resolution Symbol: S/RES/1540(2004) Vote Date: 20040428. Voting Summary: Yes: 015, No: 000

    6. Title: Security Council resolution 1172 (1998) [on nuclear tests conducted by India on 11 and 13 May 1998 and by Pakistan on 28 and 30 May 1998] UN Resolution Symbol: S/RES/1172(1998) Vote Date: 19980606 Voting Summary: Yes: 015, No: 000

    5. Title: Security Council resolution 984 (1995) [on security assurances against the use of nuclear weapons to non-nuclear-weapon States that are Parties to the Treaty on the Non-Proliferation of Nuclear Weapons] UN Resolution Symbol: S/RES/984(1995) Vote Date: 19950411 Voting Summary: Yes: 015, No: 000

    4. Title: Security Council resolution 825 (1993) [on the decision of the Democratic People’s Republic of Korea to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons] UN Resolution Symbol: S/RES/825(1993) Vote Date: 19930511 Voting Summary: Yes: 013, No: 000, Abstentions: 002

    3. Title: Security Council resolution 707 (1991) [on Iraqi violation of Security Council resolution 687 (1991) with regard to inspection of its biological, chemical and nuclear weapons capabilities] UN Resolution Symbol: S/RES/707(1991) Vote Date: 19910815 Voting Summary: Yes: 015, No: 000

    2. Title: Security Council resolution 487 (1981) [on the Israeli military attack on Iraqi nuclear facilities]. UN Resolution Symbol: S/RES/487(1981) Vote Date: 19810619 Voting Summary: Yes: 015, No: 0

    1. Title: Security Council resolution 255 (1968) [on measures to safeguard non-nuclear-weapon States parties to the Treaty on the Non-Proliferation of Nuclear Weapons] UN Resolution Symbol: S/RES/255(1968) Vote Date: 19680619 Voting Summary: Yes: 010, No: 0, Abstentions: 005

    Source: Dag Hammarskjöld Library at the UN, UBISNET Bibliographic Information System. Search terms were “Security Council” and “Nuclear.” Date was Sept. 2005.

    Appendix B

    Populations in Nuclear-Armed Countries vs. Populations in Nuclear-Weapon-Free (potential NDC) Countries

    With China, India, and Pakistan currently in the nuclear-armed camp, one could well wonder whether the citizens of those states might actually outnumber citizens in the nuclear-free countries today. In fact they do not, but they come close. Here are the latest (9 August 2005) population figures from the online CIA Factbook. With a current world population of 6.4 billion, the nuclear cloud overshadows 3.1 billion; while 3.3 billion of earth’s inhabitants still live happily without the “protection” that such weapons afford.

    Nuclear-armed countries Population Nuclear-free countries

    China

    India

    United States

    Pakistan

    Russia

    France

    UK

    North Korea

    Israel

    1,306,313,812

    1,080,264,388

    295,734,134

    162,419,946

    143,420,309

    60,656,178

    60,441,457

    22,912,177

    6,276,883

    3,138,439,284

    180-odd

    nuclear-weapons-

    free

    countries account for a population of:

    3,308,026,699

    World population (Aug. 2005) = 6,446,465,983

    Appendix C

    The Growing Petroleum and Natural Gas Dependency of the United States

    The USA alone consumes nearly 20 million barrels of oil per day, so we depend on imports from OPEC. But we’ve got competition. While only 46 countries are producing more than 100,000 bbl/day, 70 countries are already consuming more than that each day… and China’s demand seems to be growing the fastest (see chart below). Those 70 countries’ economies require 74 million bbl/day every day, just to keep steady, with no increase in GDP. The eight most developed nuclear-armed powers (not counting N. Korea) together consume 33.4 million bbl/day of petroleum. As previously noted, they only produce 22 million bbl/day among themselves, and are not very good about sharing it.

    The projected dependence on external oil markets in the Asia-Pacific world alone should give us all pause as we contemplate a consumption vs. production table like this one, published in the Energy Information Adminis­tration’s International Energy Outlook 2005:

    Natural Gas

    Five of the states currently in the nuclear-weapons club are even less well endowed with natural gas than they are with petroleum. China, Pakistan, India, N. Korea, and Israel export zero natural gas, but collectively consume 75 billion cu. m. annually. Russia leads the world in the production and sale of this resource, exporting 171 billion cu m annually, followed by Canada, exporting nearly 92 billion. The United States by comparison, with its huge production and domestic consumption of gas (640 billion cu m. annually), only manages to export 11 billion cu m. One can already envision the U.S. developing a natural-gas dependency on foreign imports in the next few years,. Once again the suppliers could well be countries having a decided preference to trade with other nuclear-weapons-free states.

    Appendix D

    Select UN General Assembly Votes since 1998 on Nuclear Disarmament: How do the Votes Tally?

    [For]-[Against]-[Abstentions] Non-voters are not recorded.

    • Resolution 53/77 X (1998), Nuclear disarmament, sponsored by Myanmar on behalf of the NAM (Non-Aligned Movement), was adopted, 110-41-18
    • Resolution 53/77 U (1998), Nuclear disarmament with a view to the ultimate elimination of nuclear weapons, sponsored by Japan, was adopted, 160-0-11
    • Resolution 53/77 Q (1998), Nuclear-weapon-free southern hemisphere and adjacent areas, introduced by Brazil, was adopted 154-3 (France, USA, UK)-10
    • Resolution 53/77 W (1998), Advisory opinion of the International Court of Justice on the legality of the threat or use of nuclear weapons, introduced by Malaysia, was adopted 123-25-25
    • The New Agenda Coalition (NAC) , launched in June 1998, consists of seven States, Brazil, Egypt, Ireland, New Zealand, Mexico, South Africa, and Sweden. At the 54th Session of the UN General Assembly, on 1 December 1999, a resolution (54/54 G) put forward by the NAC, “Towards a Nuclear-Weapon-Free World: the Need for a New Agenda,” was adopted by 111 votes to 13 with 39 abstentions.
    • Resolution 54/54 D (1999), Nuclear disarmament with a view to the ultimate elimination of nuclear weapons, spons. by Belgium, Japan, etc., was adopted 153-0-12
    • Resolution 54/57 (1999), on The risk of nuclear proliferation in the Middle East, was adopted 149-3 (opposed by Israel, USA, and Micronesia)-with 9 abstentions.
    • Resolution 54/63 (1999), for a Comprehensive Nuclear-Test-Ban Treaty, sponsored by 63 States, was adopted 158-0-6
    • Resolution 55/31 (2000), for the Conclusion of effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, was adopted 111-0, with 54 abstentions.
    • Resolution 55/33 C (2000), Towards a nuclear-weapon-free world: the need for a new agenda, sponsored by 63 States, was adopted 154-3 (India, Israel, Pakistan), with 8 abstentions. (Favorable votes were way up from 111 in 1999.)
    • Resolution 55/33 N (2000), Reducing nuclear danger, was adopted 110-45, with 14 abstentions.
    • Resolution 55/33 R (2000), A path to the total elimination of nuclear weapons, sponsored by Australia and Japan, was adopted 155-1 (India), with 12 abstentions.
    • Resolution 55/36 (2000), aimed at averting the risk of nuclear proliferation in the Middle East, was adopted 157-3, with 8 abstentions. (Up from 149-3 in 1999!)
    • Resolution 55/41 (2000), for a Comprehensive Nuclear-Test-Ban Treaty, sponsored by 74 nations, was adopted 161-0 with 6 abstentions.
    • Resolution 56/24 N (2001), A path to the total elimination of nuclear weapons, was adopted 139-3 (India, the USA, Micronesia against), with 19 abstentions.
    • Resolution 56/24 O (2001), supporting preparatory work on the Treaty on the Non-Proliferation of Nuclear Weapons: 2005 Review Conference, was adopted 156-1 (India) with 3 abstentions.
    • Resolution 56/24 R (2001), calling for Nuclear Disarmament, sponsored by 48 nations, was adopted 149-3 with 6 abstentions.
    • Resolution 56/413 (2001), United Nations conference to identify ways of eliminating nuclear dangers in the context of nuclear disarmament, was adopted 115-7 (4 nuclear powers opposed, including USA, Israel, France, and the UK), with 37 abstentions.
    • Resolution 57/59 (2002), Towards a nuclear-weapon-free world: the need for a new agenda, with its stronger language condemning nuclear weapons, was adopted 125-6 with 36 abstentions.
    • Resolution 57/78 (2002), A path to the total elimination of nuclear weapons, was adopted 156-2 (India and the USA against), with 13 abstentions.
    • Resolution 58/35 (2003), to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, with its stronger language condemning nuclear weapons, was adopted 119-0 with 58 abstentions.
    • Resolution 58/50 (2003), for the reduction of non-strategic nuclear weapons, was adopted 128-4 (France, Russia, UK, and USA against), with 43 abstentions.
    • Resolution 59/64 (2004), Assuring non-nuclear-weapons states against the use or threat of use of nuclear weapons, sponsored by Pakistan and 20 other countries, adopted 118-0 with 63 abstentions.
    • Resolution 59/65 (2004), Verifiable treaty banning the production of fissile material for nuclear weapons , was adopted 179-2 (Palau and the USA against), with 2 abstentions (Israel and UK).
    • Resolution 59/85 (2004), Calling for a nuclear-weapon-free southern hemisphere and adjacent areas, sponsored by New Zealand, Costa Rica, and 34 other countries, adopted 171-4 (USA, UK, France, Palau) with 7 abstentions.
    • Resolution 59/76 (2004), a path to general and complete disarmament, was adopted 165-3 (UK and Russian Federation in favor! India & USA, against), with 16 abstentions (including China and Israel).

    Anti-nuclear votes at the UN General Assembly continue, with similar margins in favor (and patterns of opposition from the USA, Israel, India, China, etc.)

    Appendix E

    ONE-PAGE SUMMARY

    LEVERAGING THE ANTI-NUCLEAR MAJORITY: HOW TO CREATE A SERIOUS NUCLEAR DISARMAMENT COALITION (NDC)

    Imagine most of the 180-odd non-nuclear [10] states of the world, on their own, without the permission of the superpowers, being invited to create a serious coalition of progressive nations, proud to reject nuclear weapons, and committed to the worldwide elimination of all WMDs.

    Imagine a non-nuclear host country ( Ireland? Canada? Australia? Spain? Japan? a Nordic country?) [11] inviting the foreign ministers of nearly all 180 other non-nuclear states to a meeting to create and celebrate this new alliance of countries fully committed to nuclear sanity and non-military dispute resolution. This new, nonviolent diplomatic initiative might call itself something like the “Nuclear Disarmament Coalition” (NDC).

    Representing the majority of UN member states, the NDC could raise the stakes for nuclear disarmament at the UN dramatically. Acting both within the present UN and independently, from headquarters in a non-nuclear host country, the NDC states could take strong actions like the following to achieve their objectives:

    a. establish favorable trading agreements with other NDC states, and use their collective weight in international trade, markets, and raw materials to pressure nuclear states to abandon their WMDs;

    b. work collectively by all available economic, diplomatic, and cultural means (including grassroots mobilizing, and media blitzes) to isolate nuclear states, conceivably even using trade and air travel embargoes;

    c. in general force the issues of nuclear and other WMD disarmament and nonviolent dispute resolution in the interest of the world’s children and grandchildren—indeed, all humankind—by actively marginalizing the minority of states which still cling to these abominable relics of anti-population warfare.

    If the nuclear minority at the UN blocked serious efforts to accomplish nuclear lockdown and a timetable for the elimination of nuclear weapons by a given date, NDC states could abandon the UN and create a successor diplomatic forum (perhaps called UN2, United Non-nuclear Nations). Full membership in the NDC and any successor forum would be offered only to nuclear weapons-free states, although nuclear-armed states could have observer status until they disarmed or began a NDC-monitored disarmament process. If successful, this initiative will lead the nuclear states to see the wisdom, indeed the urgency, of dismantling and destroying all nuclear weapons. It will ultimately induce them to join a new, more humane, more egalitarian world order, represented by the NDC (or UN2) charter—a diplomatic framework worthy of the 21 st century.

    Creative nonviolence is at the heart of this proposal. Direct diplomatic, trade, and cultural confrontation of the minority (eight, including Israel, India, and Pakistan—perhaps nine or ten if N. Korea and Iran go nuclear) by the majority (180) could be our best and last hope for leveraging world nuclear disarmament. Carefully orchestrated, strong, non-violent words and actions, such as boycotts and media blitzes, trade embargoes, and other forms of confrontation on the international arena could create conditions of intolerable isolation for any and all nuclear nations, including aspiring ones. But time is of the essence!

    Creating a new Nuclear Disarmament Coalition could send the necessary message to all actual and potential nuclear states: “Arm at your peril. You will lose more than you gain. The nations of the world will reject your goods, your services, and your leadership.” Were this all to occur, verifiable nuclear disarmament might be accomplished within five to ten years.

    Thomas Heck, Emeritus Professor Ohio State University Phone: (805) 692-1969

    1. King Arthur, act 2, sc. 2 (1691).

    2. See the UN Press release of 27 May 2005 at <http://www.un.org/News/Press/docs/2005/dc2969.doc.htm>

    3. Coffee production in the USA is negligible. According to the USDA, the US produced 170,000 bags of beans last year. Source: <http://www.fas.usda.gov/psd/complete_tables/HTP-table5-193.htm>

    4. Davidson’s paper is entitled “Critical and Strategic Minerals,” and is published online at <http://www.environmentaleducationohio.org/Biosphere/Case%20Studies/minerals.html>

    5. <http://www.cia.gov/cia/publications/factbook/>

    6. One can think not only of well-funded American charities, like the Gates Foundation, the Google Foundation, the Pew Charitable Trust, and the Carnegie Endowment for International Peace, but also major international businesses and funds like Rotary International, OPEC, the Gulbenkian Foundation, and many UN-associated NGOs.

    7. Source: <http://www.middlepowers.org/mpi/archives/000122.shtml>

    8. Source: <http://www.gsinstitute.org/pnnd/about.html>

    9. David Krieger, “Sir Joseph Rotblat: A Legacy of Peace (1908-2005),” at <https://wagingpeace.davidmolinaojeda.com/articles/2005/09/01_krieger_sir-joseph-rotblat.htm> (September 2005).

    10. Non-nuclear in this document refers only to nuclear weapons, not to nuclear power for peaceful purposes.

    11. The eventual host country could even be France, the U.K., or India if one of them would kindly surprise the world soon by unilaterally ridding itself of WMDs. (Imagine the consequences in terms of good will, media attention, and moral authority!)