Tag: un charter

  • Attacking Syria Again

    At this stage it seems reasonable to wonder whether Syria was attacked because it didn’t use chemical weapons rather than because it did. That may seem strange until we remember rather weighty suspicions surrounding the main accusers, especially the White Helmets with their long standing links to the U.S. Government.

    A second irreverent puzzle is whether the dominant motive for the attack was not really about what was happening in Syria, but rather what was not happening in the domestic politics of the attacking countries. Every student of world politics knows that when the leadership of strong states feel stressed and at a loss, they look outside their borders for enemies to slay, counting on transcendent feelings of national pride and patriotic unity associated with international displays of military prowess to distract the discontented folks at home, at least for awhile. All three leaders of the attacking coalition were beset by such domestic discontent in rather severe forms, seizing the occasion for a cheap shot at Syria at the expense of international law and the UN, just to strike a responsive populist chord with their own citizenry—above all, to show the world that the West remains willing and able to strike violently at Islamic countries without fearing retaliation.

    Of course, this last point requires clarification, and some qualification to explain the strictly limited nature of the military strike. Although the attackers wanted to claim the high moral ground as defenders of civilized behavior in war, itself an oxymoron, they wanted to avoid any escalation with its risks of a dangerous military encounter with Russia. As Syrian pro-interventionists have angrily pointed out, the attack was more a gesture than a credible effort to influence the future behavior of the Bashar al-Assad government. As such, it strengthens the position of those who interpret the attack as more about domestic crises of legitimacy unfolding in the now illiberal democracies of United States, UK, and France than about any reshaping of the Syrian ordeal.  

    And if that is not enough to ponder, consider that Iraq was savagely attacked in 2003 by a U.S./UK coalition under similar circumstances, that is, without either an international law justification or authorization by the UN Security Council, the only two ways that international force can be lawfully employed, and even then only as a last resort after sanctions and diplomatic means have been tried and failed. It turned out that the political rationale for recourse to aggressive war against Iraq, its alleged possession of weapons of mass destruction was totally false, either elaborately fabricated evidence or more generously, a hugely embarrassing intelligence lapse.

    To be fair, this Syrian military caper could have turned out far worse. The entire attack lasted only 3 minutes, no civilian casualties have been reported, and thankfully, there was no challenge posed to the Russian and Iranian military presence in Syria, or to the Syrian government, thus avoiding the rightly feared retaliation and escalation cycle. More than at any time since the end of the Cold War there was sober concern abounded that a clash of political wills or an accidental targeting mistake could cause geopolitical stumbles culminating in World War III.

    Historically minded observers saw alarming parallels with the confusions and exaggerated responses that led directly to the prolonged horror of World War I. The relevant restraint of the April 14th missile attacks seems to be the work of the Pentagon, certainly not the White House. Military planners designed the attack to minimize risks of escalation, and possibly an undisclosed negotiated understanding with the Russians. In effect, Trump’s red line on chemical weapons was supposedly defended, and redrawn at the UN as a warning to Damascus.

    Yet can we be sure at this stage that at least the factual basis of this aggressive move accurately portrayed Syria as having launched a lethal chlorine attack on the people of Douma? Certainly not now. We have been fooled too often in the past by the confident claims of the intelligence services working for the same countries that sent missiles to Syria. There is a feeling of a rush to judgment amid some strident, yet credible, voices of doubt, including from UN sources. The most cynical are suggesting that the real purpose of the attack, other than Trump’s red line, is to destroy evidence that would incriminate others than the Syrian government. Further suspicions are fueled by its timing, which seem hastened to make sure that the respected UN Organization for the Prohibition of Chemical Weapons (OPCW), about to start its fact finding mission, would have nothing to find.

    To allay reactions that these are ideologically driven worries it is notable that the Wall Street Journal, never a voice for peace and moderation, put forward its view that it was not “clear who carried out the attack” on Douma, a view shared by several mainstream media outlets including the Associated Press. Blaming Syria, much less attacking it, is clearly premature, and quite possibly altogether false, undermining the factual basis of the coalition claim without even reaching the piles of doubts associated with unlawfulness and illegitimacy.

    Less noticed, but starkly relevant, is the intriguing reality that the identity of the three states responsible for this aggressive act share strong colonialist credentials that expose the deep roots of the turmoil afflicting in different ways the entire Middle East. It is relevant to recall that it was British and French colonial ambitions in 1917 that carved up the collapsed Ottoman Empire, imposing artificial political communities with borders reflecting European priorities not natural affinities, and taking no account of the preferences of the resident population. This colonial plot foiled Woodrow Wilson’s more positive proposal to implement self-determination based on the affinities of ethnicity, tradition, and religion of those formerly living under Ottoman rule. The United States openly supplanted this colonial duopoly rather late, as the Europeans faltered in the 1956 Suez Crisis, but made a heavy footprint throughout the region with an updated imperial agenda of Soviet containment, oil geopolitics, and untethered support for Islam These priorities were later supplemented by worries over the spread of Islam and nuclear weaponry falling into the wrong political hands. As a result of a century of exploitation and betrayal by the West, it should come as no surprise that anti-Western extremist movements emerged throughout the Arab World in response.

    It is also helpful to recall the Kosovo War (1999) and the Libyan War (2011), both managed as NATO operations carried out in defiance of international law and the UN Charter. Because of an anticipated Russian veto, NATO, with strong regional backing launched a punishing air attack that drove Serbia out of Kosovo. Despite a strong case for humanitarian intervention it set a dangerous precedent, which Iraq hawks found convenient a few years later. In effect the U.S. was absurdly insisting that the veto should be respected only when the West uses it as when protecting Israel from much more trivial, yet justifiable, assaults on its sovereignty than what a missile attack on Syria signifies.

    The Libyan precedent is also relevant to the marginalization of the UN and international law to which this latest Syrian action is a grim addition. Because the people of the Libyan city of Benghazi truly faced an imminent humanitarian emergency the UN case for lending protection seemed strong. Russia and China, permanent members of the UNSC, temporarily suspended their suspicions about Western motives and abstained from a resolution authorizing a No Fly Zone. It didn’t take long to disabuse them. They were quickly shocked into the realization that real NATO’s mission in Libya was regime change, not humanitarian relief. In other words, these Western powers who are currently claiming at the UN that international law is on their side with regard to Syria, have themselves a terrible record of flouting UN authority when convenient and insisting on their full panoply of obstructive rights under the Charter when Israel’s wrongdoing is under review.

    Ambassador Nikki Haley, the Trump flamethrower at the UN, arrogantly reminded members of the Security Council that the U.S. would carry out a military strike against Syria whether or not permitted by the Organization. In effect, even the veto as a shield is not sufficient to quench Washington’s geopolitical thirst. It also claims the disruptive option of a sword to circumvent the veto when blocked by the veto of an adversary. Such a pattern puts the world back on square one when it comes to restraining the international use of force. Imagine the indignation that the U.S. would muster if Russia or China proposed at the Security Council a long overdue peacekeeping (R2P) mission to protect the multiply abused population of Gaza. And if these countries then had the geopolitical gall to act outside the UN, the world would almost certainly experience the bitter taste of apocalyptic warfare.

    The Charter framework makes as much sense, or more, than when crafted in 1945. Recourse to force is only permissible as an act of self-defense against a prior armed attack, and then only until the Security Council has time to act. In non-defensive situations, such as the Syrian case, the Charter makes clear beyond reasonable doubt that the Security Council alone possesses the authority to mandate the use of force, including in response to an ongoing humanitarian emergency. The breakthrough idea in the Charter is to limit as much as language can, discretion by states to decide on their own when to make war. Syria is the latest indication that this hopeful idea has been crudely cast in the geopolitical wastebasket.

    It will be up to the multitudes to challenge these developments, and use their mobilized influence to reverse the decline of international law and the authority of the UN. The members of the UN are themselves to beholden to the realist premises of the system to do more than squawk from time to time. Ending Trump’s boastful tweet with the words ‘mission accomplished’ unwittingly

    reminds us of the time in 2003 when the same phrase was on a banner behind George W. Bush as he spoke of victory in Iraq from the deck of an aircraft carrier with the sun setting behind him. Those words soon came back to haunt Bush, and if Trump were capable of irony, he might have realized that he is likely to endure an even more humbling fate. 

  • Our Responsibility to Wage Peace

    Our Responsibility to Wage Peace

    While peace has always been a desired yet seemingly utopian goal, in the Nuclear Age it has become an imperative. Peace, along with environmental protection, upholding human rights and the alleviation of poverty, stands as one of the foremost imperatives of the 21 st century.

    The creation and use of nuclear weapons was a watershed moment in human history. We obtained weapons which, for the first time, had the capacity to destroy the human species and most other life on the planet. With this power came new responsibility, the responsibility of people everywhere to wage peace. One of the most insightful men of the 20 th century, Albert Camus, noted this almost immediately after the bombing of Hiroshima . “Before the terrifying prospects now available to humanity,” Camus wrote, “we see even more clearly that peace is the only battle worth waging.”

    During the Cold War, powerful nations relied heavily on nuclear deterrence for security. This was a strategy fraught with danger since nuclear deterrence always had grave problems. The success of deterrence was dependent upon avoiding miscommunications, miscalculations, accidents and human irrationality in times of crisis – a nearly impossible task. Deterrence always demanded greater perfection of humans and our systems than we are capable of assuring, particularly in situations where there is zero tolerance for error.

    If nuclear deterrence had problems during the Cold War standoff, its problems dramatically increased in the post-Cold War period. Deterrence simply has no value when applied to non-state extremist groups. It is impossible to deter those who cannot be located or who do not care about the consequences of their acts. The most powerful nuclear arsenals in the world cannot provide an ounce of security against a terrorist group armed with a single nuclear weapon. A truth that has been difficult for the leaders of nuclear weapons states to grasp is that nuclear weapons have far greater utility in the hands of the weak than in those of the strong.

    If the most powerful weapons in the world cannot provide security to the most powerful countries in the world, what are we to do? We must chart a new course toward the creation of a peaceful and nuclear weapons-free world. Because of its history and its economic and military power, the United States must be a leader on the path to peace if we are to achieve peace.

    Waging Peace requires a new way of viewing the world. There is no longer room for policies of US exceptionalism. All nations must adhere to international law, and no nation can stand above the law, including the US . If peace is an imperative of the Nuclear Age, the way to peace is through the strengthening and enforcement of international law, applied equally and fairly to all.

    The United Nations Charter was created to “save succeeding generations from the scourge of war” by leaders who had lived through the two devastating world wars of the 20 th century. The Charter prohibits war except in self-defense or upon authorization of the UN Security Council. It is neither lawful nor wise to engage in preventive war, attacking another nation on the assumption that nation may be considering an attack on you. Such actions by powerful nations not only lead to the tragedy and misery of war, but set a precedent that could result in international chaos.

    The United States takes pride in its long-standing ethic of abiding by the law and of upholding the principle that no man stands above the law. The law of the land, according to Article VI, Section 2 of the US Constitution, includes treaties duly signed and ratified by the United States , including therefore the United Nations Charter. We share an obligation to uphold the UN Charter and to help maintain its provisions limiting the use of force.

    Governments do not always do the right thing, nor what is lawful. It is the responsibility of citizens to hold their governments in check and to hold their leaders accountable when they violate the law. The great lesson of Nuremberg after World War II was that no leader, no matter how high his position, stands above international law, and if leaders violate that law, they shall be brought to account. Today, the Principles of Nuremberg have been brought into the Nuclear Age by the creation of an International Criminal Court. Although some 100 countries, including nearly all US allies, are parties to the treaty establishing the Court, the United States withdrew its signature from the treaty and has actively opposed the Court. This represents a great failure of US leadership in the world.

    To make the United States a leading force in the global effort to achieve peace in the 21 st century will require a great effort by US citizens. It will require us to step forward and demand of our government an end to international lawlessness and the active promotion of peace and human rights throughout the world. Peace cannot stand without justice, and justice cannot stand without an active citizenry promoting it. There must be one standard for all, and that standard must be justice for all, as called for by the Universal Declaration of Human Rights.

    Peace is an ongoing process. It begins with the first step and it does not end. We, all of us alive today, are the gatekeepers to the future. The world we bequeath to our children and grandchildren will depend upon our success in building a more peaceful and decent world. Some 50 years ago, Bertrand Russell and Albert Einstein issued an appeal in which they concluded, “Remember your humanity and forget the rest. If you can do so, the way lies open to a new Paradise ; if you cannot, there lies before you the risk of universal death.”

    Let us remember our humanity, choose hope and peace, and accept our own share of responsibility for waging peace now and throughout our lives. Each of us by our daily acts of peace and our commitment to building a better world can inspire others and help create a groundswell for peace too powerful to be turned aside.

    David Krieger is a founder of the Nuclear Age Peace Foundation (www.wagingpeace.org) and has served as its president since 1982. He is a leader in the global movement for a world free of nuclear weapons and is the author of many books and articles on peace in the Nuclear Age.

  • Lessons of Iraq War Underscore Importance of UN Charter – Annan

    Secretary-General Kofi Annan believes that the Iraq war in 2003 demonstrated the need for the international community to address the issue of preventive action in the context of Charter principles and showed the importance of joint efforts on matters of use of force, a United Nations spokesman said today.

    Responding to media questions about the Secretary-General’s comments in a BBC interview, spokesman Fred Eckhard told a press briefing in New York that in his remarks the Secretary-General had reiterated his well-known position that the military action against Iraq was not in conformity with the UN Charter.

    In the interview, Mr. Annan was repeatedly asked whether the war was “illegal.” “Yes,” he finally said, “I have indicated it is not in conformity with the UN Charter, from our point of view, and from the Charter point of view it was illegal.”

    The Secretary-General said the war in Iraq  and its aftermath had brought home painful lessons about the importance of resolving use-of-force issues jointly through the UN. “I think that in the end everybody is concluding that it is best to work together with allies and through the UN to deal with some of those issues.

    “And I hope we do not see another Iraq-type operation for a long time,” the Secretary-General told the interviewer, noting that such action needed UN approval and a much broader support of the international community.

    Mr. Eckhard stressed that this had been the Secretary-General’s longstanding view. The spokesman added that one of the purposes of a High-Level Panel on Threats, Challenges and Change, which the Secretary-General had established, was to look at the issue of preventive war and to see how it could be employed in conformity with the Charter, which does not allow pre-emptive attacks.

    “He has over the past more than a year used the words ‘not in conformity with the Charter’ to describe his view of the Iraq war and of course one of his purposes in establishing the UN panel on change was to look at the question of preventive war and try to bring that in conformity with the Charter principles, which do not promote preventive war,” Mr. Eckhard said.

    “Since the war he has been emphasizing the need for nations on the Security Council and the UN membership as a whole to pull together, saying it is in everyone’s interest that stability be restored to Iraq ,” the spokesman said. “So once the invasion took place, he did not look back, he looked forward.”

    “But the principle of the Charter, called into question in his view by the invasion, needs to be addressed in a serious way,” Mr. Eckhard added. “And he asked the high level panel to look specifically at that issue. That panel is supposed to report by the end of this year and the Secretary-General would formulate his recommendations and put them to the General Assembly.”