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REPRISE: “Looney Toons” at the White House: New York Times article details Obama’s thinking on Syria—Obama’s Debacle in Syria — Update #45 (May 27, 2012)

Tuesday, May 7th, 2013

Introduction to the REPRISE (May 7, 2013)

So, Obama’s “red line” on the use of chemical weapons in Syria turns out to be a red line that leads directly to the Kremlin.

What American diplomacy has failed to achieve, spectacularly, Obama and Secretary of State John Kerry now think they can achieve by talking to Putin and Lavrov.

Well, maybe. But hardly likely. Lavrov and Putin now achieve their goal of holding the conference Kofi Annan conjured up as one of his last “castles in the sky” at the conference held at Geneva on June 30, 2012.

How this will stop the killing in Syria is anyone’s guess.

It is just words, words to get Obama off the hook for his “red line” comment, which have come back to haunt him now that al-Assad has used chemical weapons in Syria.

Now that Obama is once again seeking a solution by going to the Russians, who have steadfastly supported al-Assad in his commission of war crimes and crimes against humanity, we can all breathe a sigh of relief. See the following Reprise from the Trenchant Observer to understand just how pitiful this last move by Obama and “the gang who couldn’t shoot straight” is.

Sadly, our hopes in John Kerry seem to have been misplaced.  He appears now to have joined “the gang who couldn’t shoot straight”.  His role will be to do Obama’s bidding.  Obama will continue to control foreign policy from the White House, guided by assistants such as Ben Rhodes.

If this course is not corrected, the disasters of Obama’s first term are likely to be repeated, on a much grander scale with much graver consequences.

REPRISE: “Looney Toons” at the White House: New York  Times article details Obama’s thinking on Syria—Obama’s Debacle in Syria — Update #45 (May 27)

Originally published May 27, 2012

looney-tunes
adj.
[after Looney Tunes, trademark for a series of animated cartoons] [Slang] crazy; demented: also loon’ y-tunes

***
loony
[Slang]
adj.
loon’i-er, looní-est [LUNATIC] crazy; demented
n.,
pl. loon’-ies a loony person Also loon” ey, pl. -eys

***
–Webster’s New Worl Dictionary

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

In a front-page article in today’s New York Times, Helen Cooper and Mark Landler describe the thinking behind President Obama’s policy towards Syria. They report,

WASHINGTON — In a new effort to halt more than a year of bloodshed in Syria, President Obama will push for the departure of President Bashar al-Assad under a proposal modeled on the transition in another strife-torn Arab country, Yemen.

The plan calls for a negotiated political settlement that would satisfy Syrian opposition groups but that could leave remnants of Mr. Assad’s government in place. Its goal is the kind of transition under way in Yemen, where after months of violent unrest, President Ali Abdullah Saleh agreed to step down and hand control to his vice president, Abdu Rabbu Mansour Hadi, in a deal arranged by Yemen’s Arab neighbors. Mr. Hadi, though later elected in an uncontested vote, is viewed as a transitional leader.

The success of the plan hinges on Russia, one of Mr. Assad’s staunchest allies, which has strongly opposed his removal.

–Helen Cooper and Mark Landler, “U.S. Hopes Assad Can Be Eased Out With Russia’s Aid,” New York Times, May 27, 2012.

President Obama, administration officials said,

will press the proposal with President Vladimir V. Putin of Russia next month at their first meeting since Mr. Putin returned to his old post on May 7. Thomas E. Donilon, Mr. Obama’s national security adviser, raised the plan with Mr. Putin in Moscow three weeks ago.

Donilon, who is not a seasoned diplomat, apparently did not impress Putin, judging by the latter’s cancellation of his participation in the G-8 summit at Camp David on May 18-19.

The biggest problem with the Yemen model, several experts said, is that Yemen and Syria are starkly different countries. In Yemen, Mr. Saleh kept his grip on power for three decades by reconciling competing interests through a complex system of patronage. When his authority collapsed, there was a vice president, Mr. Hadi, who was able to assert enough control over Yemen’s splintered security forces to make him a credible transitional leader.

In Syria, by contrast, Mr. Assad oversees a security state in which his minority Alawite sect fears that if his family is ousted, it will face annihilation at the hands of the Sunni majority. That has kept the government remarkably cohesive, cut down on military defections and left Mr. Assad in a less vulnerable position than Mr. Saleh. Even if he leaves, American officials conceded, there is no obvious candidate to replace him.

The sheer incompetence of this White House on foreign policy matters is stunning.

Paradoxically, among a number of news commentators within the Washington bubble, Obama is viewed as doing pretty well on foreign policy, particularly since taking out Osama Bin Laden. None of these commentators are foreign policy experts with any experience, however. Further, Democratic foreign policy experts have largely held their silence, probably out of concern that criticism could help the Republicans in the November elections. Moreover, Obama has since his first days in office charmed the press, and many reporters and commentators are simply unwilling to criticize the administration on foreign policy issues in any fundamental way.

Significantly, the Washington Post, which is the one newspaper read by most government officials in Washington, has simply failed to cover Syria with a reporter, usually being content to just run the AP wire story. What contributions they do make are limited in the main to stories providing information by administration officials, named and unnamed.

The Editorial Board, on the other hand, has written some clear-minded editorials on Syria. The disconnect betwee the Editorial Board and the reporting side of the newspaper is hard to understand, especially in view of the Post’s illustrious history.

Despite the reputed “successfulness” of the administration’s foreign policy leadership–which analytically does not stretch beyond the fact that it has not become an issue which hurts the Obama in the presidential race, the utter lack of serousness of Preident Obama and the White House on Syria is exposed for all to see in today’s New York Times article by Cooper and Landler.

Washington’s response to Moscow’s callous support of al-Assad as he killed thousands of people through war crimes and crimes against humanity is on a par with Éduoard Daladier’s and Neville Chamberlain’s betrayal of Czechoslovakia in October, 1938, when they signed “the Munich Pact”.

One of the first betrayals on Syria was with Turkey:

Secretary Clinton caught her Turkish counterpart off guard during their meeting in Washington last month. Clinton reportedly told Foreign Minister Ahmet Davutoglu that the Obama Administration “preferred going through the Russians” in an attempt to achieve a political solution being shopped by the UN/Arab League’s Special Syrian Envoy Kofi Annan.
–Amb. Marc Ginsberg, “Syria Is Obama’s Srebrenica,” Huffington Post (The Blog), March 28, 2012 .

On the U.S. decision to sell out its regional allies and to work through Russia instead, see

The Trenchant Observer, “The emperor has no clothes”: Foreign policy without a moral core—Obama’s Debacle in Syria — Update #19 (March 29), March 29, 2012.

The Trenchant Observer, “Into the Abyss: Washington’s Fecklessness, Syria’s Fate—Obama’s Debacle in Syria — Update #20 (March 30), March 30, 2012.

The reader is invited to read the Observer’s recent articles on Syria, and to draw his or her own conclusions as to whether Obama, Donilon, Clinton and the rest of the administration’s foreign policy team are conducting a competent foreign policy, first of all in Syria, but also everywhere else.

In the Observer’s opinion, this team is “the gang who couldn’t shoot straight”. For example, the Sixth Summit of the Americas, held in Cartagena, Colombia on April 14-15, was totally overshadowed by the prostitution scandal involving members of the Secret Serivce and the U.S. military. Little press attention was given to the substance of the meeting, the most important of the year with the leaders of the Latin American countries.

See Brian Ellsworth (Cartagena, Colombia), “Despite Obama charm, Americas summit boosts U.S. isolation,” April 16, 1012.

Now, on the Syrian question, by following a path of “working through the Russians”, the Obama administration has given up its last shred of moral legitimacy in the Middle East. Between al-Assad, Russia, China, and Iran, on the one hand, and the people of Syria, Turkey, Qatar, Saudi Arabia and other Arab countries, on the other, and in the face of immense human suffering and the ongoing commission of war crimes and crimes against humanity by the al-Assad regime, the United States is pursuing a strategy of “working through the Russians.”

Obama is incompetent as a foreign policy leader. Former Ambassador Marc Ginsberg is to be congratulated for his moral courage in speaking out on the question of Syria, in a clear voice.

What the United States needs, desperately, is for other foreign policy experts–and national leaders–to speak out with equal clarity, be they aligned with the Democratic Party in the United States, with the Republicans, or from other countries that are friends of the United States.

In the meantime, the international community would do well to look elsewhere than to the United States for leadership on the Syrian question.

See The Trenchant Observer, “At least 70 killed nationwide; massacre of 50 in Houla; U.N. International Commission on Syria Update—Obama’s Debacle in Syria — Update # 43 (May 25),” May 25, 2012.

The Trenchant Observer, “Chief of UN Observers confirms massacre at Houla; NGOs report 35 children and total of 110 killed—Obama’s Debacle in Syria — Update #44 (May 26),” May 26, 2012.

The Trenchant Observer

Imagine: The Collapse of International Order, Syria, and Berlin in 1945

Wednesday, February 20th, 2013

There is nothing inevitable about international order.

The lessons of two world wars which informed the creation of the United Nations in 1945, and the maintenance of international peace and security for over 60 years, can be forgotten.

It is entirely conceivable that without decisive leadership from either Europe or the United States, the international order that has existed for many decades could start to wobble and even collapse.

And it is nearly impossible to conceive of such leadership emerging any time soon.

The rubble in Syria resembles the rubble in Berlin and the destruction in Germany in 1945, which occurred the last time the international order collapsed.

How bad could it get?

You could have wars like the one in Syria devastating countries in Africa, a nuclear attack on Los Angeles from North Korea, Iran with nuclear weapons and delivery systems within 5-10 years, and Israel surrounded by hostile Islamist states.

Things could fall apart.

Imagine a world without law, without international law governing the use of force which is generally observed and which states seek to  uphold when it is violated.

Imagine true anarchy unleashed upon the world.

Imagine a  world in which states use force without acknowledging they have acted, and without any obligation to publicly justify the legitimacy of their actions by reference to international law.

That is the direction in which we are heading.

The Trenchant Observer

60,000 killed in Syria—REPRISE II: The Olympic Games, and the Battle for Aleppo, Begin—Obama’s Debacle in Syria — Update #91 (January 2, 2013)

Wednesday, January 2nd, 2013

Barbarism in a Leaderless World

The U.N. High Commissioner for Human Rights now estimates there have been “59,648 individuals reported killed in Syria between 15 March 2011 and 30 November 2012.” This number may in fact be well short of the actual number as tens of thousands of people are reported to have disappeared with no word as to their fates.

See United Nations, Office of the High Commissioner for Human Rights, “Data analysis suggests over 60,000 people killed in Syria conflict: Pillay,” United Nations Human Rights, January 2, 2012. See Megan Price, Jeff Klingner, and Patrick Ball, “Preliminary Statistical Analysis of Documentation of Killings in the Syrian Arab Republic,” The Benetech Human Rights Program, 2 January 2013, here.

At such a juncture it is appropriate to reprise the article whose text appears below, yet again. See also Jacques Prévert’s poem “Barabara”, in The Trenchant Observer, “REPRISE: Hommage à Homs: Jacques Prévert, “Barbara” (with English translation); Paul Verlaine, “Ariette III” —Obama’s Debacle in Syria— Update #53 (June 19)

Originally published July 28, 2012

The Opening of the XXX Olympic Games

It was a poignant moment, as world leaders gathered in London last night (July 27) for the opening of the XXX Olympic Games, with the performance of an extraordinary spectacle, in which at one point five Olympic rings appeared suspended in the heavens over the Olympic Stadium. Over a billion people were said to have watched the opening ceremonies on television.

Here, in the very heart of the democratic civilizations of Europe, the Olympic ideal shone brightly.

In ancient Greece, the Olympic Games were preceded by a “Sacred Truce” among the warring city-states, in which athletes were guaranteed safe passage to and from the games, and all fighting was to be halted for a period of one month. This period was eventually extended to allow the athletes and visitors to return home.

The games were held every four years from 776 BC to 393 AD, when they were abolished by the Christian Byzantine Emperor Theodosius I. The ancient Olympic Games lasted for 1170 years. The Modern Olympic Games were initiated in 1896, and have been held every four years or more often since then except for 1916, 1940 and 1944.

–”Brief History of the Olympic Games,” NOSTOS (Hellenic Information Society, UK).

Importantly, the Olympic Games today stand as a symbol for humanity’s goal of one day achieving universal peace. The alternative, it seems, is either the goal of endless war, or the resignation that goes with the sense of helplessness we feel when we reject the goal of peace.

The Battle for Aleppo, and the Response of the World

Meanwhile, in Aleppo in Syria, a country where the international community and the Security Council have been unable to reach agreement to act effectively to halt the atrocities of Bashar al-Assad’s regime, the portents of death and destruction were all too palpable yesterday and today, as the regime’s troops, tanks, artillery, helicopters and war planes began a concerted assault on the lightly armed rebels of the Syrian Liberation Army, in what a pro-Assad Damascus newspaper termed “the Mother of all Battles”.

Today, on Saturday, July 28, the battle was joined in earnest.

For news of recent developments on the ground in Syria, see

Luke Harding (in Anadan, on the Aleppo front line), “Syrian rebels near Aleppo: ‘We are besieging Assad’s army’; Regime forces have been pulverising rebel-held districts using artillery and helicopter gunships. But the rebels are upbeat,” The Guardian, July 28, 2012 (11:35 EDT).

Damien McElroy (in Aleppo), “Badly armed rebels face tanks as Syria’s mother of all battles begins,” The Telegraph, July 28, 2012 (6:57PM BST).

Álvaro de Cózar (Special Correspondent in Marea), “El Ejército sirio avanza para tomar Alepo; Las tropas de El Asad atacan con bombas y tanques los barrios en manos rebeldes; Las líneas de teléfono y el suministro de energía han sido cortados, El País, 28 Julio 2012 (23:45 CET).

Kareem Fahim and Ellen Barry, “Syrian Military Intensifies Assault on Rebels in Aleppo,” New York Times, July 28, 2012

***
Unfortunately, Americans accessing the Internet do not find it easy to gain a sense of what is actually taking place on the ground, due to “The Filter Bubble” which prevents most U.S. observers on the Internet from seeing the search results for newspapers outside of their own country (including, e.g., British and other newspapers which have correspondents on the ground in Syria).  To get around The Filter Bubble, see the directions in the bottom right-hand column on the right on our Home Page, or go here.

Thus, as the world turns its attention to the joyful spectacle of athletes from countries throughout the world competing on the basis of individual merit, as humanity comes together for its quadrennial celebration of the richness and diversity of the human family, the people in Aleppo and in Syria are left to face the absolute terror and barbarism of the Bashar al-Assad regime, alone.

Russia and China, along with the Syrian regime, are clearly to blame for this state of affairs, and populations who follow international affairs throughout the world are aware of the role they have have played in thwarting effective U.N. Security Council action. Memories of how they have backed the murderous regime of al-Assad are likely to be long indeed in the Middle East, and also in the democracies of the world.

The United States and other Western countries warn of an impending massacre in Aleppo, as if anyone but they themselves could save the day.

It is a new role for Americans: Eyewitness News reporters without an inkling of any sense of moral responsibility that might lead them to act. In this role, they are following the lead of their president.

The Americans, the Europeans, top U.N. officials and others loudly deplore the lamentable state of affairs in Syria in general, and the unfolding of the “mother of all battles” in Aleppo, in particular.

Leaderless, they stand helpless and paralyzed before the terror and barbarism of al-Assad.

They provide countless declarations of moral outrage, and call for the nations of the world to increase their “pressure” on the al-Assad regime.

The “pressure” of which they speak is a “pressure” of words, of plaintive moral appeals directed to war criminals whose moral depravity is beyond dispute. Or perhaps the “pressure” may even consist of voluntary economic sanctions, imposed by different countries outside the framework of the U.N. Security Council, whose impact is uncertain and in any event will take much time.

Neither words nor economic sanctions, however, will stop al-Assad’s armies.

These leaders are at once appalled by the terror, the barbarism, the commission of war crimes and crimes against humanity before their very eyes, and caught in their own moral cowardice, impotent, helpless, with verbal reproaches the only weapons they have the courage to wield. Paralyzed by their own cowardice, they will not act—not effectively, not in time to save the thousands of additional deaths that the grinding gears of war portend to claim, and of which they so earnestly warn.

Enough with Words!

These leaders can all do the world one big favor:  Stop denouncing al-Assad’s atrocities, at least until they are willing to do something really effective to bring them to a halt.

With their moral energies thus freed, they can pay close attention to the facts on the ground, to what is actually happening to thousands of human beings in the maw of war, and then they can seek quiet solace in their churches, their synagogues, their mosques, and the other spiritual refuges in which they must, as individual human beings, come to terms with what they have seen, and what they have not done.

Enough with words!

Enough with the self-absolving declarations these leaders offer to the world, and to themselves, so they can sleep at night, knowing they were present at Srebrenice, present at Auschwitz, present in Rwanda, over a very long period of time, and did nothing.

President Theodore Roosevelt, Recipient of the 1907 Nobel Peace Prize, on Words and Deeds

As for President Obama, who reportedly likes to think of himself as emulating the great American presidents, the words of President Theodore Roosevelt, recipient of the 1907 Nobel Peace Prize, come to mind. Roosevelt declared:

“International Peace”

We must ever bear in mind that the great end in view is righteousness, justice as between man and man, nation and nation, the chance to lead our lives on a somewhat higher level, with a broader spirit of brotherly goodwill one for another. Peace is generally good in itself, but it is never the highest good unless it comes as the handmaid of righteousness; and it becomes a very evil thing if it serves merely as a mask for cowardice and sloth, or as an instrument to further the ends of despotism or anarchy. We despise and abhor the bully, the brawler, the oppressor, whether in private or public life, but we despise no less the coward and the voluptuary. No man is worth calling a man who will not fight rather than submit to infamy or see those that are dear to him suffer wrong. No nation deserves to exist if it permits itself to lose the stern and virile virtues; and this without regard to whether the loss is due to the growth of a heartless and all-absorbing commercialism, to prolonged indulgence in luxury and soft, effortless ease, or to the deification of a warped and twisted sentimentality.

Moreover, and above all, let us remember that words count only when they give expression to deeds, or are to be translated into them (emphasis added). The leaders of the Red Terror2 prattled of peace while they steeped their hands in the blood of the innocent; and many a tyrant has called it peace when he has scourged honest protest into silence. Our words must be judged by our deeds; and in striving for a lofty ideal we must use practical methods; and if we cannot attain all at one leap, we must advance towards it step by step, reasonably content so long as we do actually make some progress in the right direction.

[Footnote] 2. The “Terror” is a term characterizing the conduct of power in revolutionary France by the second committee of Public Safety (September, 1793-July, 1794), sometimes identified as the “Red Terror” to distinguish it from the short-lived “White Terror”, which was an effort by the Royalists in 1795 to destroy the Revolution.

–Theodore Roosevelt, 1907 Nobel Prize Acceptance Speech, delivered May 5, 1910.

President Obama and the other leaders of the world would do well to take these words to heart, today, and every day hereafter until they find the courage to take effective action to halt the barbarism and the terror in Syria.

The Trenchant Observer

observer@trenchantobserver.com
www.twitter.com/trenchantobserv

For links to other articles by The Trenchant Observer, click on the title at the top of this page to go to the home page, and then use the “Search” Box or consult the information in the bottom right hand corner of the home page. The Articles on Syria page can also be found here. The Articles on Targeted Killings page can also be found here.

European court of human rights condemns Macedonia for “extraordinary rendition” to cooperating CIA officials, in Khaled el-Masri case

Friday, December 28th, 2012

News to Note

See

Nicholas Kulish, “Court Finds Rights Violation in C.I.A. Rendition Case,” New York Times, December 13, 2012.

Amrit Singh, “European court of human rights finds against CIA abuse of Khaled el-Masri; America must now apologise to the German citizen, a victim of mistaken identity who was kidnapped and beaten by the CIA,” The Guardian, December 13, 2012.

Richard Norton-Taylor, “CIA ‘tortured and sodomised’ terror suspect, human rights court rules; Landmark European court of human rights judgment says CIA tortured wrongly detained German citizen,” The Guardian, December 13, 2012.

For a detailed description of the judment, see “Macedonian Government responsible for torture, ill-treatment and secret rendition of a man suspected of terrorist ties,” Press Release, issued by the Registrar of the Court, Doc. ECHR 453 (2012) 13.12.2012.

The decision was made by a unanimous vote of the 17-member Grand Chamber of the Court, comprised of the following members:

Nicolas Bratza (United Kingdom), President,
Françoise Tulkens (Belgium),
Josep Casadevall (Andorra),
Dean Spielmann (Luxembourg),
Nina Vajić (Croatia),
Peer Lorenzen (Denmark),
Karel Jungwiert (Czech Republic),
Khanlar Hajiyev (Azerbaijan),
Isabelle Berro-Lefèvre (Monaco),
Luis López Guerra (Spain),
Ledi Bianku (Albania),
Işıl Karakaş (Turkey),
Vincent A. de Gaetano (Malta),
Julia Laffranque (Estonia),
Linos-Alexandre Sicilianos (Greece),
Erik Møse (Norway),
Helen Keller (Switzerland)

Commentary

Whoever President Obama’s nominee to be Director of the CIA may turn out to be, the first question in his or confirmation hearings should be to explain the international law underpinnings of this decision, and their implications for extraordinary renditions, torture, and the use of drones under current U.S. policy.

Obama and U.S. intelligence officials, including John Brennan and others in the White House don’t “get” international law.

The confirmation hearings should make sure that they do. International law is the language of international relations in the world today, not 17th century “just war theory” as Brennan, the President and other national security officials would have us believe.

Any nominee to be the head of the CIA sould know every detail of this case by heart, and be able to explain it to any member of the Senate. Obviously, it will also be important to know precisely what the involvement of the nominee, if any, has been in cases of extraordinary rendition, torture, and the use of kill lists and drones to conduct extrajudicial executions, both inside and outside the theater of the war in Afganistan

The Trenchant Onserver

REPRISE: The U.N. Charter, International Law, and Legal Justifications for Military Intervention in Syria—Obama’s Debacle in Syria — Update #90 (December 12, 2012)

Wednesday, December 12th, 2012

This article was first published on September 1, 2012

The situation in Syria (is) unfolding “in front of our eyes”, with the regime deploying fighter jets against the people, in addition to heavy artillery and tanks, (Ahmet DAVUTOĞLU, the Foreign Minister of Turkey, told the Security Council on August 30). “How long are we going to sit and watch while an entire generation is being wiped out by random bombardment and deliberate mass targeting?” he asked. “If we do not act against such a crime against humanity happening in front of our eyes, we become accomplice to the crime,” he warned.

As we wrote following the August 30 meeting of the Security Council,

Everyone wants a ceasefire and an end to the killing. Few seem to have come to grips with the fact that the use of force will be required, outside the framework of the Security Council. There can be little doubt that, within the Security Council itself, there is not going to be any agreement to use force (or even to adopt strong economic sanctions) to bring al-Assad’s barbarism to a halt.

This will have to be done outside the framework of the Security Council. What is needed is for one or more countries, preferably but not necessarily acting as a coalition, to just act to set up the safe zones, and one or more accompanying no-fly zones if that is required as a result of al-Assad’s response.

–U.N. Security Council Meets: More “blah, blah, blah”, and no action—Obama’s debacle in Syria — Update #82 (August 30), August 31, 2012.

Such action should be accompanied by a justification under international law.

That justification should stress that the purpose of the action is to protect the population of Syria against the commission of war crimes and crimes against humanity.

The stated purpose of the operation should not be to overthrow the government of Bashar al-Assad, which is impermissible under international law. On the other hand, it would be permissible if an operation which protected the population against the commission of such crimes also facilitated a process that would bring to account those in Syria who are responsible for the commission of war crimes and crimes against humanity.

While such fine distinctions may seem of little significance to those not versed in international law, they are in fact quite important in terms of limiting the precedent that would be set and obtaining support from other countries for such action, if not immediately at least over time.

For further discussion of legal justifications for intervention in Syria, see the following articles by The Trenchant Observer and the sources cited therein:

Continuing massacres in Syria, at Daraya and elsewhere; legal justification for military intervention — Obama’s Debacle in Syria —Update #78 (August 26), August 26, 2012

REPRISE: Humanitarian Intervention in Syria Without Security Council Authorization—Obama’s Debacle in Syria— Update #68 (July 25), July 25, 2012

Military Intervention to establish “no-kill zones” and humanitarian corridors—Syria Update #9 (February 25), February 24, 2012

The critical issue with respect to legal justifications for establishing and defending “safe zones” or “no-kill zones” in Syria, and the establishment of no-fly zones if required, is whether such action would violate Article 2 paragraph 4 of the United Nations Charter. Article 2(4) provides:

Article 2

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

(4) All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

On the face of it, the use of force to enforce a no-fly zone, or to defend a “safe zone” from assaults by Syria’s army, would involve an action against the “territorial integrity” of Syria. This is the horn of the dilemma.

Read literally, any permanent member of the Security Council could, through the use of its veto, block any military action by any state within the territory of another state, except in the case of an “armed attack”, no matter what the circumstances. In principle, such a veto could block any action by the civilized nations of the world to bring to a halt a war crimes and crimes against humanity, ethnic cleansing such as occurred in Kosovo, or even genocide such as that conducted by Adolph Hitler during World War II.

Various interpretations of the Charter have proposed ways out of this logical box. One is the so-called “teleological” interpretation, by which Article 2(4) must be interpreted not literally, but rather in the light of the general purposes of the U.N. Charter and its other principles. Using this approach, one might justify the establishment of “no-kill zones” and “no-fly zones” in Syria.

The problem is that such “teleological” interpretations might open Pandora’s box, allowing multiple interpretations and opportunities for abuse by states intervening for their own purposes, e.g., to overthrow the al-Assad regime, while putting a humanitarian argument forward to justify their actions. Or, to cite another example, Israel and the United States might attempt to justify an attack on Iran to take out or greatly degrade its nuclear enrichment capabilities and what they believe is a secret program aimed at developing nuclear weapons, on the rationale that it is necessary to maintain international peace and security.

Alternatively, Israel and the United States could in principle attempt to justify an attack on Iran as an exercise of the right of individual and collective self-defense, an exception to the prohibition in Article 2(4) contained in Article 51 of the Charter, which provides:

Article 51

Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

The key words in Article 51 are “if an armed attack occurs”, which has been interpreted as embodying the requirements that the armed attack have occurred or be imminent, immediate and leave no time for other actions. Exercise of the right of self-defense has traditionally been subject to the requirements “immediacy, necessity and proportionality”.

See Flavio Paioletti, “The 21st Century Challenges to Article 51,” e-International Relations, June 30, 2011.

The United States and other nations have not always acted within this tight legal framework. In 1999, for example, the United States and NATO conducted a unilateral bombing campaign against Serbia in a successful effort to get the government to stop its policy of ethnic cleansing in Kosovo. Despite its humanitarian purpose, no legal justification was advanced by the U.S. Department of State for the action.

In Iraq, the United States sought to justify its 2003 invasion of that country both on the basis of previous Security Council resolutions and on the basis of the “right” advanced by the Bush administration to “pre-emptive self defense”.

The concern of states and legal scholars from around the world is that by allowing “teleological” interpretations of Article 2(4) or expansive interpretations of what constitutes “an armed attack” creating a right of individual and collective self-defense, such interpretations would open the door to increasingly expansive assertions of the right to use force across international frontiers. It is significant that in the case of Kosovo, no legal justification was offered.

So, we are left with the legal regime brilliantly defined by the founders of the United Nations to establish rules and mechanisms to effectively regulate the international use of force, on the one hand, and the fact that as the populations of more and more countries seek to demand respect for their fundamental human rights, and the right to participate in government, existing dictorships may resort to the appalling use of terror and crimes against humanity and war crimes in defending their hold on power, as has happened recently in Libya and Syria.

Unlike domestic laws and the constitution in the U.S., the United Nations Charter and other international agreements are subject to rules of strict interpretation, as established in the Vienna Convention on the Law of Treaties. This makes sense, as nations are generally extremely wary of ceding authority to international institutions, and rules of strict interpretation are necessary in order to secure participation in international treaties. While the United Nations Charter is something of a special case, since very few countries would consider withdrawal from the organization, acceptance of the compulsory jurisdiction of the International Court of Justice remains voluntary, a fact which underlines the continuing importance of rules of strict interpretation.

Caught in this logical box, are we to stand idly by as tens of thousands or hundreds of thousands of human beings are slaughtered, whenever a permanent member of the Security Council exercises a veto?

The United Nations Charter is 67 years old. It has survived the Korean war, the war in Vietnam, the invasions of Hungary, Czechoslovakia, and Afghanistan (1980), the Balkan wars, genocide in Rwanda and the Sudan, and the U.S. invasion of Iraq.

The fundamental question is whether states should: (1) simply act outside the charter when they feel compelled to do so for humanitarian reasons (e.g., Kosovo); (2) justify their actions on legal grounds, preferably as taken with the support of regional organizations (e.g., NATO) or a broad coalition of nations; or (3) do nothing in the face of acts of barbarism such as those being committed in Syria.

In the case of Kosovo, Russia brought a resolution to a vote in the Security Council which condemned the bombing of Serbia, but the resolution was defeated 12-3.

Perhaps that is as close to 100% compliance with the Charter norms as we can get in the world today.

The ultimate choice is between undertaking effective action that will halt the atrocities in Syria, or sticking with our current policies.

In the case of the U.S., the current policy is carefully calibrated to comply with the requirements on the use of force laid down by the International Court of Justice in 1986 in the Nicaragua case. In that case, the Court held that direction and control of rebel groups was required in order for assistance to rebel groups to constitute an armed attack, thereby triggering a right of individual or collective self defense.

If the decision is made to establish safe zones and associated no-fly zones (if necessary), a final choice is whether to provide some legal justification for such action, or to follow the example of the United States in the NATO bombing of Serbia in 1999, and offer none.

While the choice here is not entirely clear, a strong argument can be made for advancing a highly restrictive legal justification, narrowly tailored to the circumstances in the Syrian case, together with the support of a regional body such as NATO, and undertaken only as a provisional measure of protection until such time as the Security Council can act effectively to protect the population of Syria from the commission of war crimes and crimes against humanity.

Russia may bring a resolution condemning such action in the Security Council. Assuming the resolution is defeated by a healthy margin, as occurred in the case of Kosovo, this may be the closest to compliance with the Charter as is possible today.

The Trenchant Observer

REPRISE: The Olympic Games, and the Battle for Aleppo, Begin—Obama’s Debacle in Syria — Update #88 (October 11)

Thursday, October 11th, 2012

Originally published July 28, 2012

The Opening of the XXX Olympic Games

It was a poignant moment, as world leaders gathered in London last night (July 27) for the opening of the XXX Olympic Games, with the performance of an extraordinary spectacle, in which at one point five Olympic rings appeared suspended in the heavens over the Olympic Stadium. Over a billion people were said to have watched the opening ceremonies on television.

Here, in the very heart of the democratic civilizations of Europe, the Olympic ideal shone brightly.

In ancient Greece, the Olympic Games were preceded by a “Sacred Truce” among the warring city-states, in which athletes were guaranteed safe passage to and from the games, and all fighting was to be halted for a period of one month. This period was eventually extended to allow the athletes and visitors to return home.

The games were held every four years from 776 BC to 393 AD, when they were abolished by the Christian Byzantine Emperor Theodosius I. The ancient Olympic Games lasted for 1170 years. The Modern Olympic Games were initiated in 1896, and have been held every four years or more often since then except for 1916, 1940 and 1944.

–”Brief History of the Olympic Games,” NOSTOS (Hellenic Information Society, UK).

Importantly, the Olympic Games today stand as a symbol for humanity’s goal of one day achieving universal peace. The alternative, it seems, is either the goal of endless war, or the resignation that goes with the sense of helplessness we feel when we reject the goal of peace.

The Battle for Aleppo, and the Response of the World

Meanwhile, in Aleppo in Syria, a country where the international community and the Security Council have been unable to reach agreement to act effectively to halt the atrocities of Bashar al-Assad’s regime, the portents of death and destruction were all too palpable yesterday and today, as the regime’s troops, tanks, artillery, helicopters and war planes began a concerted assault on the lightly armed rebels of the Syrian Liberation Army, in what a pro-Assad Damascus newspaper termed “the Mother of all Battles”.

Today, on Saturday, July 28, the battle was joined in earnest.

For news of recent developments on the ground in Syria, see

Luke Harding (in Anadan, on the Aleppo front line), “Syrian rebels near Aleppo: ‘We are besieging Assad’s army’; Regime forces have been pulverising rebel-held districts using artillery and helicopter gunships. But the rebels are upbeat,” The Guardian, July 28, 2012 (11:35 EDT).

Damien McElroy (in Aleppo), “Badly armed rebels face tanks as Syria’s mother of all battles begins,” The Telegraph, July 28, 2012 (6:57PM BST).

Álvaro de Cózar (Special Correspondent in Marea), “El Ejército sirio avanza para tomar Alepo; Las tropas de El Asad atacan con bombas y tanques los barrios en manos rebeldes; Las líneas de teléfono y el suministro de energía han sido cortados, El País, 28 Julio 2012 (23:45 CET).

Kareem Fahim and Ellen Barry, “Syrian Military Intensifies Assault on Rebels in Aleppo,” New York Times, July 28, 2012

***
Unfortunately, Americans accessing the Internet do not find it easy to gain a sense of what is actually taking place on the ground, due to “The Filter Bubble” which prevents most U.S. observers on the Internet from seeing the search results for newspapers outside of their own country (including, e.g., British and other newspapers which have correspondents on the ground in Syria).  To get around The Filter Bubble, see the directions in the bottom right-hand column on the right on our Home Page, or go here.

Thus, as the world turns its attention to the joyful spectacle of athletes from countries throughout the world competing on the basis of individual merit, as humanity comes together for its quadrennial celebration of the richness and diversity of the human family, the people in Aleppo and in Syria are left to face the absolute terror and barbarism of the Bashar al-Assad regime, alone.

Russia and China, along with the Syrian regime, are clearly to blame for this state of affairs, and populations who follow international affairs throughout the world are aware of the role they have have played in thwarting effective U.N. Security Council action. Memories of how they have backed the murderous regime of al-Assad are likely to be long indeed in the Middle East, and also in the democracies of the world.

The United States and other Western countries warn of an impending massacre in Aleppo, as if anyone but they themselves could save the day.

It is a new role for Americans: Eyewitness News reporters without an inkling of any sense of moral responsibility that might lead them to act. In this role, they are following the lead of their president.

The Americans, the Europeans, top U.N. officials and others loudly deplore the lamentable state of affairs in Syria in general, and the unfolding of the “mother of all battles” in Aleppo, in particular.

Leaderless, they stand helpless and paralyzed before the terror and barbarism of al-Assad.

They provide countless declarations of moral outrage, and call for the nations of the world to increase their “pressure” on the al-Assad regime.

The “pressure” of which they speak is a “pressure” of words, of plaintive moral appeals directed to war criminals whose moral depravity is beyond dispute. Or perhaps the “pressure” may even consist of voluntary economic sanctions, imposed by different countries outside the framework of the U.N. Security Council, whose impact is uncertain and in any event will take much time.

Neither words nor economic sanctions, however, will stop al-Assad’s armies.

These leaders are at once appalled by the terror, the barbarism, the commission of war crimes and crimes against humanity before their very eyes, and caught in their own moral cowardice, impotent, helpless, with verbal reproaches the only weapons they have the courage to wield. Paralyzed by their own cowardice, they will not act—not effectively, not in time to save the thousands of additional deaths that the grinding gears of war portend to claim, and of which they so earnestly warn.

Enough with Words!

These leaders can all do the world one big favor:  Stop denouncing al-Assad’s atrocities, at least until they are willing to do something really effective to bring them to a halt.

With their moral energies thus freed, they can pay close attention to the facts on the ground, to what is actually happening to thousands of human beings in the maw of war, and then they can seek quiet solace in their churches, their synagogues, their mosques, and the other spiritual refuges in which they must, as individual human beings, come to terms with what they have seen, and what they have not done.

Enough with words!

Enough with the self-absolving declarations these leaders offer to the world, and to themselves, so they can sleep at night, knowing they were present at Srebrenice, present at Auschwitz, present in Rwanda, over a very long period of time, and did nothing.

President Theodore Roosevelt, Recipient of the 1907 Nobel Peace Prize, on Words and Deeds

As for President Obama, who reportedly likes to think of himself as emulating the great American presidents, the words of President Theodore Roosevelt, recipient of the 1907 Nobel Peace Prize, come to mind. Roosevelt declared:

“International Peace”

We must ever bear in mind that the great end in view is righteousness, justice as between man and man, nation and nation, the chance to lead our lives on a somewhat higher level, with a broader spirit of brotherly goodwill one for another. Peace is generally good in itself, but it is never the highest good unless it comes as the handmaid of righteousness; and it becomes a very evil thing if it serves merely as a mask for cowardice and sloth, or as an instrument to further the ends of despotism or anarchy. We despise and abhor the bully, the brawler, the oppressor, whether in private or public life, but we despise no less the coward and the voluptuary. No man is worth calling a man who will not fight rather than submit to infamy or see those that are dear to him suffer wrong. No nation deserves to exist if it permits itself to lose the stern and virile virtues; and this without regard to whether the loss is due to the growth of a heartless and all-absorbing commercialism, to prolonged indulgence in luxury and soft, effortless ease, or to the deification of a warped and twisted sentimentality.

Moreover, and above all, let us remember that words count only when they give expression to deeds, or are to be translated into them (emphasis added). The leaders of the Red Terror2 prattled of peace while they steeped their hands in the blood of the innocent; and many a tyrant has called it peace when he has scourged honest protest into silence. Our words must be judged by our deeds; and in striving for a lofty ideal we must use practical methods; and if we cannot attain all at one leap, we must advance towards it step by step, reasonably content so long as we do actually make some progress in the right direction.

[Footnote] 2. The “Terror” is a term characterizing the conduct of power in revolutionary France by the second committee of Public Safety (September, 1793-July, 1794), sometimes identified as the “Red Terror” to distinguish it from the short-lived “White Terror”, which was an effort by the Royalists in 1795 to destroy the Revolution.

–Theodore Roosevelt, 1907 Nobel Prize Acceptance Speech, delivered May 5, 1910.

President Obama and the other leaders of the world would do well to take these words to heart, today, and every day hereafter until they find the courage to take effective action to halt the barbarism and the terror in Syria.

The Trenchant Observer

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For links to other articles by The Trenchant Observer, click on the title at the top of this page to go to the home page, and then use the “Search” Box or consult the information in the bottom right hand corner of the home page. The Articles on Syria page can also be found here. The Articles on Targeted Killings page can also be found here.

Lakhdar Brahimi briefs Security Council; Impasse continues; No new ideas—Obama’s Debacle in Syria — Update #87 (September 25)

Tuesday, September 25th, 2012

Remarks at Media Stakeout Outside Security Council by Guido Westerwelle, German Foreign Minister, September 24, 2012

SC President, Guido Westerwelle (Germany) on Syria – Security Council Media Stakeout, 24 Sep 2012 (video link)- Informal comments to the media by H. E. Mr. Guido Westerwelle, Foreign Minister of Germany and the Security Council President for September on the situation in Syria. [English and German]

Remarks at Media Stakeout Outside Security Council by Lakhdar Brahimi, Joint Special Representative of the United Nations and the League of Arab States, and of Peter Wittig, President of the U.N. Security Council, September 24, 2012.

SC President, Peter Wittig (Germany) and Lakhdar Brahimi, Joint Special Representative of the United Nations and the League of Arab States on Syria – Security Council Media Stakeout (24 September 2012) – 24 Sep 2012 (video link)- Informal comments to the media by H. E. Mr. Peter Wittig, Permanent Representative of Germany to the UN and Security Council President and by Joint Special Representative of the UN and the League of Arab States on the Syrian crisis, Lakhdar Brahimi.

Analysis

Judging from Brahimi’s comments, he plans to settle in for a long period of time as Joint Special Envoy of the United Nations and the League of Arab States, enjoying the perquisites of the 17 member staff set up in Geneva and his tax-free salary of $189,000 per year.

On the positive side, he didn’t say much, though he has begun to hold out false hopes for a breakthrough, just as Kofi Annan did, saying he expected developments that would make an “opening” possible in the not too distant future.

Recommendations:

1. Brahimi’s mission, and his 17-member office in Geneva, should be ended at the earliest opportunity.

2. The Security Council should set up a special working group of the Permanent Members of the Council to meet weekly to roll up their sleeves and work together to find a solution to the impasse in the Security Council. How do Russia and China intend to stop the civil war and the ongoing commission of crimes against humanity and war crimes by the government of Syria? What do they propose beyond watching the slaughter unfold as extremist elements of the armed opposition gain momentum?

Brahimi’s talk of pursuing Kofi Annan’s six-point plan should send all the permanent representatives to the Security Council running for the exits, or running to ensure that Brahimi exits at an early date.

We’ve already done this.  We’ve been there.  30,000 Syrians have died while the Security Council failed to deal with the killing in Syria, and Kofi Annan misled the world with false hopes and illusory peace plans, “castles in the sky” lacking any plan to force al-Assad to stop his crimes.  Diplomacy focused on the Security Council has failed.

Enough is enough.  We don’t need to do this again.  What we need to do is to stop the killing.  Now.  By military action outside the framework of the Security Council,  if that is what is required.

The Trenchant Observer

Muslim rage and the West: The expression of regret for the protected speech of others

Wednesday, September 19th, 2012

“Muslim Rage”, Riots, and Criminal Attacks in Response to the Film Entitled “The Innocence of Muslims”

The publication on the Internet of a  “trailer” for a film entitled “The Innocence of Muslims” has given rise to demonstrations in a number of Muslim countries, including Egypt where the government did not prevent demonstrators from scaling the walls of the U.S. embassy and entering the courtyard on the first day, September 11, and Libya where a murderous assault was mounted later that evening by organized paramilitary forces against the U.S. consulate in Benghazi, resulting in the deaths of four Americans including U.S. Ambassador Christopher Stevens.

The hesitation of Egyptian President Mohamed Morsi in ordering additional police and in condemning the assault on the the U.S. Embassy on the first day of the protests, before President Barack Obama telephoned him, was particularly chilling and raised questions about future U.S. collaboration with the government of the Muslim Brotherhood led by Morsi.

What we are witnessing is a kind of cultural battle in which the main protagonists are the forces of Modernity, represented by the West in the popular imagination of the Arab Street, but also and importantly by broad sectors of the populations in Islamic countries which are educated and want to join the modern world, on the one hand, and extremist Muslim groups which oppose Modernity and the West, and seek to return 21st century societies to the conditions presumed to have existed in a distant imagined past, including a theocratic form of government in which a harsh form of Shari’a or Muslim religious law and social codes from that era are imposed on the population as God’s law and God’s social order.

Advocates and defenders of Modernity, including those in the West, are operating on an uneven playing field in a cultural conflict between these two approaches to government and society.  In the West, the tolerance and democratic values of Modernity protect the views of Islamic extremists who reject those very values, while in practice in Muslim countries the reverse is often not the case.

Historical Perspective

The West has benefited from centuries of developments that have led to the existence of the modern, tolerant democratic state.

In England, limitations on the powers of the King vis-à-vis the aristocracy were established in the Magna Carta of 1215.  Religious independence from Rome was achieved in the 16th century.  Further restrictions on government resulted from the English Revolution of 1688 and the establishment of a constitutional monarchy.

On the Continent of Europe, religious pluralism was achieved as the result of a long struggle, including the Protestant Reformation beginning in 1517 with Martin Luther and, in the 17th century, the 30 Years’ War (1618-1648) culminating in the Peace of Westphalia in 1648, establishing the right of rulers to choose the religion of their followers.

In the 18th century, the Enlightenment charted the philosophical basis for a firm separation between Church and State, which was achieved in the American and the French Revolutions.  Both revolutions also gave rise to declarations of rights of citizens as against their governments, limiting the authority of the latter in important realms such as freedom from arbitrary arrest, trial by due process of law, freedom of religion, freedom of expression, and freedom of the press.  In France, during the French Revolution and afterwards, ridicule of and attacks upon the Catholic Church were merciless. For example, at a time when it was forbidden for Catholics to eat meat on Friday, the Freemasons, to make their point, held luncheons at which they feasted to excess on pork, beef and every other kind of meat.

In the Islamic world, while there have been periods of remarkable tolerance, in the end these approaches have not yet prevailed in many countries of  the Middle East and South Asia, and as a result the culture and political realities of many of these countries have been characterized by a pattern of not infrequently settling differences of opinion, particularly as to religious matters, either through repression by the state or by assassination of those who disagree with religious extremists who are willing and able to kill them.

As a result, many advocates of Modernity within many Islamic societies are cowed by fear, the very real fear that Muslim extremists will kill them for expressing views which the assassins consider to be blasphemous or heretical.

To be sure, the West has passed through historical stages such as the Inquisition in which heresy from Rome was punished by execution, and societies were ruled by terror, often under religious pretexts.

What is different is that in the West the Reformation did occur, successfully, and the diversity of religions in Europe was established as a result of the Reformation, the 30 Years’ War (1618-1648), and the Peace of Westphalia in 1648.  In the 18th century, the Enlightenment did take place in France and America, and elsewhere, and political liberties including the right to individual religious freedom were established in the constitutions of France and America, and beyond.  Through Napoleon’s conquest of Europe, the principles of the French constitution were enacted throughout Europe, and later Latin America.

Eventually, the ideas enshrined in the the American and French declarations of rights and constitutions of 1787, 1789 and 1791, and even earlier, triumphed not only on paper but also in reality, even if in Europe it took a war against Germany and the Axis Powers including Italy and Japan to consolidate that result through the victory of the Allied Powers in 1945.  The exceptions, of course, were the Soviet Union  and the societies subjugated by the Red Army during and after World War II.

Following the defeat of Japan in 1945, and under the American occupation that followed, these ideas also took root in Japan, and spread to other countries in the region.  When the Berlin wall came down in 1989, the military grip of the Soviet Union over the countries of Eastern Europe was broken, and these societies too joined the community of democratic states in Europe and North America, and in Asia and Latin America, where democracies had also taken hold.

Importantly, at the international level the ideas of the American and French Revolutions, and the earlier English Revolution of 1688, also triumphed.  These ideas were enshrined in the Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948 with the affirmative and overwhelming vote of almost all countries.

Significantly, however, Saudi Arabia did not vote for the Universal Declaration of Human Rights, and religious opposition to the ideas expressed in the Declaration, and subsequently codified in the U.N. International Covenant on Civil and Political Rights (1966, in force since 1976), did not disappear in the Islamic countries of the Middle East and South Asia.

The core of the cultural battle we now see being played out in “Muslim outrage” over depictions of Muslims or even Mohamed published in the West, the seat of Modernity, under the protection of the right of free speech, epitomizes the fundamental incompatibility of the bedrock values of individual liberties, freedom of religion, and the separation of Church and State which have triumphed in the West, and now much of the world, and the values of fundamentalist and extreme religious groups in Muslim societies today which are in essence opposed to the Enlightenment, the separation of religion and the state, and the protection of fundamental human rights including the equality of women, freedom of religion, and the right to free speech and freedom of the press.

On religious issues, not only fundamentalist and extreme religious groups but also broader portions of Islamic populations oppose freedom of expression, and are susceptible to being persuaded that critics are guilty of blasphemy.

What is different between the West and the societies still struggling in the battle between Modernity and Islamic fundamentalism, is that the West in accordance with its values of tolerance and protection of citizens in the exercise of their fundamental rights grants a zone of freedom to Muslims, including those with extremist views, which Muslims do not always grant to advocates of Modernity–even fellow Muslims–within the borders of Islamic states.

While freedom of expression may be guaranteed in Islamic countries under their constitutions and laws (often modeled in the Middle East, ironically, on those of France), such freedom does not extend to questioning Islam or the Prophet Mohamed, or even to engaging in historical studies of the origins of the religion as is common practice in the West regarding Christianity or Judaism or any other religion.  Even where freedom exists on paper, governments and individual leaders are often cowed by the threat of assassination that always lurks in the shadows when it comes to defending the right of critics of Islam, or even within Islam, to express their views.

That is one reason why even advocates of Modernity within Islamic societies are reluctant to take strong positions against the extremist views of those who, if not placated, may be willing to kill them. We see, for example, that even as Muslim voices are raised in outrage over an amateurish and polemical film made in the West, a “foundation” in Iran has raised the bounty on the head of Salmon Rushdie, the author of The Satanic Verses (published in England in 1988), with little or no outcry from within the Muslim world.

How can this cultural battle be engaged in a constructive manner?

Framing a Respectful Dialogue

How can these strong cultural and religious differences in values be framed and transformed into a respectful dialogue between two great civilizations?

For those in the West, the most important point is that it is essential that they see and understand clearly that this unlevel playing field exists.

Instead of simply apologizing to Muslim extremists for offending their sensibilities, those in the West should insist on such extremists respecting their sensibilities and activities, and ceasing their insults and crimes against advocates and defenders of Modernity, whether these be from the West or from within their own countries.

An apology may be offered and do relatively little harm within the ambit of the tolerant societies of the West.  But it is often taken as a sign of weakness by extremists who are fundamentally at war with the values of the West and Modernity and, instead of having a calming effect, may in fact goad them on to further hostile actions and attacks.

Moreover, government officials in the West need to think carefully before they “apologize” for the protected speech of others which may be offensive to Muslims, or to other religious groups.  They must be very careful indeed not to give the impression that they are apologizing for the “weakness” of their constitutional guarantees of free speech, for such apologies undermine those guarantees in their own societies and may unintentionally weaken the position of advocates of Modernity within the very societies to which their ”apologies” are addressed.

The option of simply not responding should always be considered, as there is no requirement that the governmnet respond to those who are upset by the exercise of free speech within its jurisdiction. Nonetheless, on occasion it may be appropriate for government officials to express “regret” that constitutionally protected free speech has given offense to the followers of this or that religion, and particularly Islam, but even this is a slippery slope and extreme care should be exercised.

How might an “expression of regret” be properly framed by a government official when the exercise of protected free speech by others gives offense to some, or many, Muslims?

In every case where Muslim extremist groups express outrage at an insensitive or deliberately insulting cultural expression disparaging Islam and Muslims, advocates of Modernity should frame the discourse by pointing out similar acts of insensitivity committed by Muslims against Christians and Jews and others, and the lack of public criticisms in Muslim societies of the authors of such actions, even when violent crimes are involved or encouraged.

At the same time, if crimes are being threatened by offended Muslims, advocates of Modernity should forcefully and unequivocally demand that public order be maintained and that all diplomats and foreigners and their property be fully protected by the governments of the countries in which such crimes are threatened or appear likely–or even possible. Only then should an explanation be offered that the offensive acts do not represent the policy of the government or in the official’s opinion the views of the people of his or her country, but that such activity is firmly protected by that country’s constitution and in the constitutions of other countries that embrace the values of the West and Modernity.  Within this framework of explanation, an expression of sincere regret that the sensibilities of Muslims have been offended may be quite appropriate.

An “apology” from the state for the protected speech of others, on the other hand, is not appropriate, because the state is not the author of the action deemed by Muslims to be offensive, and because the state should never apologize for its constitutional protection of free speech and freedom of expression.

To show weakness, to apologize for the protected speech of others without at the same time reaffirming the fundamental liberties which permitted such expression to take place, only plays to the advantage of the extremist groups.  Rather, the moment should be seized not only to express regret over some action deemed “offensive” to Muslims and exploited by extremists in their own war against Modernity and the West, but also to simultaneously assert and defend the fundamental values of the civilization of Modernity and the West which protect expressions which may be offensive to Muslims, or to Christians, or to Jews, or to any other religious sect or group.

Such principled responses will help place the “offense” within the proper context in the struggle over values between Islamic extremists and advocates of Modernity, and ultimately help to reinforce the positions of advocates and defenders of Modernity, both within and outside of Islamic countries.

Whether offensive speech should be treated as consitutionally-protected free speech, or blaphemy, is a question which sums up the essential clash of values.  The societies of the West underwent tremendous upheavals, including the 30 Years’ War and the French Revolution, in sorting out where they stood on these issues.  Where the debates within Islamic societies will come out is uncertain, but the trend has been an evolution toward outcomes similar to those in countries in the rest of the world that have accepted Modernity and embraced the international law of human rights.

In the meantime, when speech or actions offensive to Muslim religious sensibilities lead to unrest and demonstrations, journalists should avoid fanning the flames of controversy by predicting massive reactions, and should in all cases make every effort to accurately report what is happening within the context that gives it meaning. If a thousand people in a Muslim country demonstrate against some speech or act in a country that protects free speech, they should not miss the story that the other 89,999,000 people in the country did not demonstrate.

Tolerance and pluralism are the crowning values of the civilization of Modernity and the West.  Large sectors of the populations in many Muslim countries appreciate these values and are striving to implement them within their own societies.  In responding to the “Muslim outrage” of sincere Muslims who are offended by a particular action (and of extremist groups which whip up such sentiments for their own purposes), or the outrage of any religious or other group, the reaffirmation of these values should hold center place.

The Trenchant Observer

Further reading

Bernard Lewis, Islam and the West (Oxford University Press, 1993)

Samuel P. Huntington, The Clash of Civilizations and the Remaking of World Order (Simon & Schuster, 1996)

Giles Kepel, The War for Muslim Minds: Islam and the West (Harvard University Press, 2004)

Khaled Abou el Fadl, The Great Theft: Wrestling Islam from the Extremists (Harper Collins, 2005)

Will France take the lead on Syria?—Obama’s Debacle in Syria — Update #85 (September 7)

Friday, September 7th, 2012

In March, 2011, as the Obama administration dragged its heels and made clear it had no intention of intervening in Libya, we wrote:

For days, the administration has been signaling its unwillingness to act. First, Secretary of Defense Robert Gates tilted the scales by weighing in heavily against the approval of a no-fly zone….Finally, today, the Director of National Intelligence, James Clapper, stated in Congressional testimony that Qaddafi was likely to prevail given his advantages in troops and hardware. It is difficult, to say the least, to understand the logic that could have underlain such a tone-deaf and politically maladroit statement. Perhaps it was just inexperience and lack of foreign policy coordination. But it was disastrous in its impact.

Altogether, a most shameful spectacle.

History may well mark the month of March, 2011 as the decisive turning point in America’s leadership in world affairs. America has always been more than a state pursuing its self-interests. That era now seems past, at least under Democratic presidential leadership.

Despite its cynical record of dealings with dictatorships in the past, it is now to France, that other beacon of human liberty–since the Enlightenment, the French Revolution, and the defeat of Fascism in 1945 (made possible only with American help), that advocates of democracy and freedom must look.

If America does not want to be a champion of liberty, at least the French, drawing on their own deep traditions, have a possibility of articulating a clear moral vision that might guide us forward toward achievement of the goals of democracy and the rule of law which so many have fought for, at such great sacrifice, for over 70 years.

–The Trenchant Observer, “Libya—America Abdicates Global Leadership in Struggle for Democracy,” March 10, 2011

It seems clear that United States policy on Syria is “locked in” at least until the U.S. presidential elections on November 6, and probably far beyond. This policy is largely secret.

U.S. President Barack Obama has decided to undertake a program of covert operations relating to Syria, consisting of the following two elements:

1) the supply of non-lethal assistance to the Syrian rebels, including communications equipment, and logistical coordination; while mostly covert, these activities have been acknowledged in leaks to the press; and

2) a highly-secret covert operations program the details of which are not public, but which probably include the coordination with Saudi Arabia, Qatar, Turkey and perhaps other nations of the supply of weapons, the provision to the rebels of actionable intelligence, the coordination of forces and attacks, and financial support for the insurgents, in addition to direct U.S. actions by special forces and other covert operatives within Syria.  We can only speculate, as we really don’t know.

See

David Ignatius, “Syria’s eerie parallel to 1980s Afghanistan,” Washington Post, September 3, 2012.

Carlos Munoz, “US surges intelligence operations along Turkey-Syria border,” The Hill, August 6, 2012.

What this policy does not envision is the open use of military force to establish a no-fly zone or to defend safe zones which have been set up within Syria, or other measures which would defend the population of Syria against the murderous onslaughts of the Syrian Dictator.

Moreover, the covert nature of the program entails risks, as reports indicate that the approach used in Afghanistan in the 1980′s after the Soviet invasion of that country is perhaps being followed, with the Saudi intelligence chief, Prince Bandar Bin Sultan, playing a key role as he did in the 1980′s effort in Afghanistan when he was the Saudi Ambassador to the U.S.

The covert nature of the program also makes it difficult to mobilize support from other civilized countries, due to the absence of international legal constraints and the inability of such countries to mobilize domestic support for U.S. covert activities.

In any event, what Obama’s covert war in Syria promises is a long, drawn-out conflict and continuing civil war in Syria, which even the departure of Bashar al-Assad might not be able to stop. With the Saudis funding the operations, their affinity for groups that are either Wahabist or otherwise deeply conservative runs the risk of favoring such groups over other more secular groups among the Syrian armed opposition.

With the United States locked into a covert policy in Syria which does not promise to bring the mass crimes of Bashar al-Assad to an early halt, there is a gaping leadership vacuum among the civilized nations of the world which might potentially act, outside the Security Council, to bring the killing to a halt.

Will France step into the breach?

Despite President François Hollande’s initially cautious approach to Syria, there are signs that France is now moving in that direction. France has recently decided to provide financial support to five cities in “liberated” areas of Syria, and there have been reports that it is considering providing artillery to the Syrian armed opposition to help defend certain areas in Syria.

However,  a European Union arms embargo may impose restrictions on the supply of arms to the opposition.  U.K. Foreign Minister Willian Hague has stated that the supply of arms to rebels in Syria would violate a European Union arms embargo on Syria.

“At the moment we have a European Union arms embargo on Syria, it’s not possible or legal for any EU nation to send weapons to anybody in Syria and therefore our chosen route and is the same route of France and the United States, is to give non-lethal assistance and we’re doing that,” Hague told reporters in response to a question about whether France may be considering providing arms to the Syrian opposition.

–Lori Hinnant (AP), “French Direct Aid a Dubious Break for Syria Rebels
ABC News, September 7, 2012

The signficance of the reports that France is considering sending arms to Syria is that it now seems on the verge of taking on the mantle of leadership on Syria, or trying to.

Much will depend on whether the United States will attempt to block the French initiative, as it did recently with another initiative when France announced it would recognize a provisional government in Syria when it is formed. Also, any problem with the EU regulation establishing an arms embargo to which Hague referred would need to be resolved, unless France were to resort to the covert operations approach of the Obama administration.

Assuming it can overcome these obstacles, will France lead?

Former President Nicholas Sarkozy has called for intervention in Syria. As the leader of the UMP, the main opposition party, his demands have repercussions within the French political system.  At the moment, it can hardly be said that there is any public clamor for intervention in Syria, though that could change.  Nonetheless, any Socialist government policy of intervention in Syria that is supported by the UMP would be unlikely to generate strong domestic opposition.

See

Frédéric Gerschel, “Syrie : Bernard-Henri Lévy déçu par François Hollande; Alors que les combats font rage dans le pays, Bernard-Henri Lévy demande au chef de l’Etat d’être plus ferme. Comme son prédécesseur, Nicolas Sarkozy, l’avait été en Libye l’an dernier,” Le Parisien, 3 août 2012.

Bernard-Henri Lévy, “Des avions pour Alep!” Le Monde, 14 août 2012(Mis à jour le 15.08.2012 à 15h40)(opinion).

Frédéric Gerschel, “Hollande a reçu BHL à l’Elysée pour parler de la Syrie,” Le Parisien, 4 septembre 2012.

In principle, it could be in the interests of the United States to let France take the leadership role on Syria in the next two months, at least until after the elections.

There is an urgent need for leadership now, from some quarter, as the situation in Syria spins increasingly out of control.  Iraq, it is now revealed, has been allowing Iran to use its air space to transport military personnel and equipment to Syria to support the al-Assad regime.  There is sharp disagreement between Israel and the U.S. over whether and when to attack Iran if it continues on its path to nuclear weapons.

See

Michael R. Gordon, “Iran Supplying Syrian Military via Iraqi Airspace,” New York Times, September 4, 2012.

Unfortunately, world events do not march to the drumbeats of the electoral campaign in the United States, or defer to Barack Obama’s determination not to intervene militarily in Syria “regardless of the consequences”.

The big question is, “Will the United States, leading from the rear, allow France and others to lead from the front?”

For the French, the big question is, “Regardless of whatever obstruction the Obama administration may lay in its path, will France seize the mantle of leadership of the civilized nations in the world, and take the lead in acting to halt the destruction of Syria and its people by a murderous regime committing crimes against humanity, war crimes, and every other atrocity in the book?”

The Trenchant Observer

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In Washington, new voices urging no-fly zones; France reportedly supports “liberated zones”, moves towards supply of weapons—Obama’s Debacle in Syria — Update #84 (September 5)

Wednesday, September 5th, 2012

Recent News and Opinion on Syria

James Traub, “The Obama administration has backed itself into a corner in Syria, a crisis with few good options; But the endgame is clear, at least, and the time to get involved has come,” Foreign Policy, August 31, 2012.

John Irish (Paris) – September 5 -”France gives Syria “liberated zones” aid, mulls weapons – source; France providing help in three provinces – source; Source says Paris considering idea of supplying artillery; French increase contact with Syrian rebels,” Reuters, September 6, 2012.

Recommendation

The United States, France and the United Kingdom should invite Russia and China to join in the establishment of an independent working group to examine the experience in Libya by NATO and other powers acting pursuant to a Security Council resolution authorizing the use of “all necessary measures” to protect the civilian population against attacks by Qaddafi’s forces.

The terms of reference of the study group should be to identify specific points of disagreement regarding implementation actions by NATO and others in Libya, and to engage in discussions aimed at developing acceptable parameters for appropriate authorization by the security council of intervention in other situations. The focus should not be explicitly on Syria, though should common understandings develop they could of course have an impact on discussions among the five permanent members of the Security Council relating to Syria.

The Trenchant Observer