Posts Tagged ‘syria’

Kerry and Lavrov: Personal rapport versus facts on ground in Syria

Sunday, May 19th, 2013

The New York Times reports on May 18 on the rapport that is building between U.S. Secretary of State John Kerry and Russian Foreign Minister Sergei Lavrov.

See Steven Lee Meyers and David M. Herszenhorn, “U.S.-Russian Diplomacy, With a Personal Touch”,” New York Times, May 17, 2013.

Yet the U.S. decision to join the Russians in organizing a Syrian peace conference, aside from having a snowball’s chance in hell of leading to peace, has undercut efforts that might have resulted in sending arms to the Syrian rebels any time soon.

Once again, the United States has acted to undercut its allies, who (with France and Britain in the lead) among other things were pushing for an end to the European Union arms embargo on Syria. Once again, the U.S. has acted to put off the day of reckoning when Barack Obama might actually have to decide to openly supply arms to the armed opposition in Syria.

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

Once again, the United States has decided “to act through the Russians” in search of a solution to the crisis in Syria. When this strategy was adopted a year ago, it allowed the U.S. to continue its “pressure” on al-Assad with only words, not military actions, at the cost of tens of thousands of lives in Syria. The acknowledged (minimum) death toll now stands at 80,000.

However, David Kramer, the President of Freedom House and a former high State Department official, has forcefully reminded us of who Putin is, and the fallacious nature of the illusions that might lead us to believe that Russia could be helpful in Syria.

See David J. Kramer, “No help on Syria will come from Russia, Washington Post, May 17, 2013 (10:48 PM EDT).

Once again, we are reminded of Obama’s strong belief in personal relations, his belief in his own personal charm, and how he pursued his “reset” of relations with Russia under the illusion that his “warm” relations with President Dimitri Medvedev would affect events, with disastrous results. In Syria, he simply ignored what was happening on the ground and the actual policies the Russians were pursuing.

A famous journal during the Soviet era, particularly in the glasnost period, was entitled, “Argumenty i Fakty” (Russian: “Аргументы и факты”). Arguments and Facts. President Obama and John Kerry need to attend not only to their own and Moscow’s arguments with respect to Syria, but also–and primarily–to the facts regarding what the Russians are doing on the ground in Syria, and what the United States and its allies should be doing to counter or prevent these actions.

This week we know that Russia has deployed a number of warships to the Syrian port of Tartus, is delivering or is about to deliver land-to-sea missile and radar systems to Syria, and appears to be about to deliver a new advanced air-defense system and missiles to Syria. Russia is financing the Syrian state. Iran is supplying weapons, training and personnel to Syria. Lebanon’s Hezbollah has militia members inside Syria fighting alongside al-Assad’s forces.

See Adam Entous, Julian E. Barnes, and Gregory L. White, “Russia Raises Stakes in Syria; Assad Ally Bolsters Warships in Region; U.S. Sees Warning,” The Wall Street Journal, May 16, 2013 (updated 11:07 p.m. ET).

At the same time, Kerry and Obama, in addition to derailing French- and British-led efforts to lift the EU arms embargo against Syria and to postponing–indefinitely–any U.S. decision to openly provide arms to the insurgents (despite the crossing of the chemical weapons “red line”), have not responded to Lavrov’s ludicrous argument (not new) that Russia in only fulfilling the terms of old arms contracts, which are prohibited neither by international nor domestic law. Even at this level of detail, neither Kerry nor Obama has rebutted this argument, or even demanded that the texts of such contracts be made public.

Only since Obama took office has the U.S. been deterred from acting by the contractual terms of agreements such as those alleged to exist between Russia and Syria, a state led by one of the great war criminals of this or the last century. In fact, International law has much to say about war crimes and crimes against humanity, and about complicity in the commission of such crimes.

At the end of the day, there should be no confusion over the fact that the decision- maker in Russia is Vladimir Putin, who is not going to be moved by good relations with Obama (actually their relations are abominable), or by warm, friendly relations between Lavrov and Kerry. Lavrov is a very effective diplomat in the service of the Russian state, who takes his orders from Putin. It doesn’t hurt that he has cordial relations with Kerry, and it is good that the U.S. and Russia are talking to each other directly (rather than through a UN mediator like Kofi Annan or Lakhdar Brahimi), but there should be no illusions about whether or not rapport between Kerry and Lavrov will affect Putin’s calculus and behavior.

In this context, it is extremely important to understand who Putin is, and what he has done in the past.

See, e.g.,

André Glucksmann, “The killing continues in Syria” (English translation)—Obama’s Debacle in Syria — Update #81 (August 28), The Trenchant Observer, August 28, 2012.

André Glucksmann, “La tuerie continue en Syrie”—Obama’s debacle in Syria — Update #74 (August 13), The Trenchant Observer, August 13, 2012.

“What future for UNSMIS and for Kofi Annan? Russia pushes for more of the same, with an implied military threat to dissuade all from any other options—Obama’s Debacle in Syria — Update #61 (July 11),” The Trenchant Observer, July 11th, 2012.

Surely the United States can come up with a better policy regarding Syria than “trust the Russians” and “play the Russians’ diplomatic game”.

The Trenchant Observer

U.N. General Assembly Adopts New Resolution on Syria (Doc. A/67/L.63) (May 15)–with vote tally

Friday, May 17th, 2013

(Developing story)

The United Nations General Assembly adopted a new resolution on Syria on May 15, 2013, calling on all parties to cease hostilities.

See “Press Release: General Assembly Adopts Text Condemning Violence in Syria, Demanding That All Sides End Hostilities.” U.N. Doc. GA/11372 (May 15, 2013).

The text of the draft Resolution (Resolution A/67/L.63), dated May 8, 2013, was adopted on May 15, 2013 by a vote of 107 in favour to 12 against, with 59 abstentions

The breakdown of the vote or vote tally was as follows:

The draft resolution on the situation in the Syrian Arab Republic (document A/67/L.63) was adopted by a recorded vote of 107 in favour to 12 against, with 59 abstentions, as follows:

In favour:

Afghanistan, Albania, Andorra, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Belgium, Bosnia and Herzegovina, Botswana, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Canada, Central African Republic, Chad, Chile, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, Egypt, Estonia, Finland, France, Gabon, Gambia, Georgia, Germany, Greece, Grenada, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Japan, Jordan, Kuwait, Latvia, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritius, Mexico, Micronesia (Federated States of), Monaco, Mongolia, Montenegro, Morocco, Nauru, Netherlands, New Zealand, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Peru, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Slovakia, Slovenia, Somalia, Spain, Sweden, Switzerland, Thailand, The former Yugoslav Republic of Macedonia, Tonga, Tunisia, Turkey, United Arab Emirates, United Kingdom, United States, Vanuatu, Yemen.

Against:

Belarus, Bolivia, China, Cuba, Democratic People’s Republic of Korea, Ecuador, Iran, Nicaragua, Russian Federation, Syria, Venezuela, Zimbabwe.

Abstain:

Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Bangladesh, Barbados, Belize, Benin, Bhutan, Brazil, Cambodia, Cape Verde, Democratic Republic of the Congo, Dominica, El Salvador, Eritrea, Ethiopia, Fiji, Ghana, Guinea, Guinea-Bissau, Guyana, India, Indonesia, Jamaica, Kazakhstan, Kenya, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Lesotho, Mali, Mozambique, Myanmar, Namibia, Nepal, Niger, Nigeria, Paraguay, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Singapore, Solomon Islands, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Togo, Trinidad and Tobago, Uganda, Ukraine, United Republic of Tanzania, Uruguay, Viet Nam, Zambia.

Absent:

Cameroon, Congo, Equatorial Guinea, Iraq, Kiribati, Mauritania, Philippines, Sao Tome and Principe, Sierra Leone, Swaziland, Tajikistan, Timor-Leste, Turkmenistan, Tuvalu, Uzbekistan.

–Press Release, above, U.N. Doc. GA/11372, May 15, 2013.

Thus, while Secretary of State John Kerry pursues the Russians’ objective of holding an international peace conference in Geneva, as proposed by Kofi Annan and approved by a meeting there on June 30, 2012, there are other international actors determined to maintain a spotlight on the atrocities that have been committed and that are being committed in Syria.

See Michael Young, “Washington blunders yet again in Syria,” The Daily Star (Beirut). May 16, 2013 (12:57 AM).

The Trenchant Observer

Obama and…the AP phone records, Benghazi, the IRS, or Syria?

Monday, May 13th, 2013

It’s hard to know which of today’s news stories in the U.S. is of greatest significance. Here are a few of the possibilities:

1. Obama continues stonewalling on Benghazi. Credibility in free fall.

2. Jay Carney has lost all credibility for truthfullness, and should resign.

3. Obama punts on chemical weapons “red line”, plays Russians’ game in Syria–Again! Just like one year ago. Obama unable to think or act strategically. Iran understands Obama’s threats are just words, not backed by action. Nuclear program proceeds.

4. Obama escalates news management operation with assault on freedom of the press in AP phone records affair, with chilling effect. If you publish a story the Obama team doesn’t want circulating, they will come after you and hurt you. Meanwhile, Holder’s leaks’ investigations go nowhere.

5. Benghazi subjected to terrorists attacks–today! Middle East in revolutionary turmoil, while U.S. strategy is in a shambles, or non-existent.

6. Kerry allows self to be humiliated by Putin, waiting three hours to see the czar. He came to Moscow begging, with a hopelessly weak hand on Syria. What did he expect? At least he might have left for the airport, and arrived in Washington before Russia’s shipment of a new air defense system arrived in Syria.

7. Maduro consolidates Chavista take-over through fraudulent elections in Venezuela. U.S. has forgotten where Venezuela is exactly–just somewhere near Cuba.

8. U.S., unwilling to lead in Syria, fosters divisions among allies in the Persian Gulf

9. Taking a page from Nixon, Obama targets political opponents through IRS.

10. Little hope for coherent US. foreign policy strategy and implementing actions. Kerry’s ineptitude in Moscow shows “the gang who couldn’t shoot straight” will continue to call the shots from the White House.

11. Who does President Obama remind you of more, Winston Churchill or Neville Chamberlain?

Upon reflection, perhaps it’s better not to write about any of these stories, at least not tonight. The disaster is too big. A larger canvas is needed.

The Trenchant Observer

Nibia Zabalsagaray and the long arc of justice

Thursday, May 9th, 2013

“(T)he arc of the moral universe is long, but it bends toward justice.”

“Before the crown we wear, there is the cross that we must bear. Let us bear it–bear it for truth, bear it for justice, and bear it for peace. Let us go out this morning with that determination. And I have not lost faith. I’m not in despair, because I know that there is a moral order. I haven’t lost faith, because the arc of the moral universe is long, but it bends toward justice.”

–Dr. Martin Luther King, Jr., “Why I am opposed to the war in Vietnam,” Sermon at Ebenezer Baptist Church on April 30, 1967.

The Case of Nibia Zabalsagaray (Sabalsagaray)
Uruguayan General Miguel Dalmao has been found guilty of the murder of Nibia Sabalsagaray in 1974.

See Associated Press (Buenos Aires, “Uruguayan general found guilty of junta’s 1974 murder of communist; General Miguel Dalmao convicted of murder of professor and activist Nibia Sabalsagaray during Uruguay’s military dictatorship,” The Guardian, May 9, 2013. (16.36 EDT)

See also:

“Uruguay Supreme Court annuls amnesty law, as accountability continues in Latin America, intlawgrrls.com-voices on international law, policy, practice, November 3, 2010 (with picture of Nibia Sabalsagaray).

I remember Nibia Sabalsagaray, or rather her case at the Inter-American Commission on Human Rights (IACHR)–or the Comision Interamericana de Derechos Humanos (CIDH), as it is known in Spanish. The IACHR is the human rights organ of the Organization of American States, established pursuant to both the OAS Charter and the American Convention on Human Rights (in force since 1978).

Although much litigation has ensued, including decisions by the Inter-American Court of Human Rights and several decisions by the Uruguayan Supreme Court on what amounted to an amnesty law, the original decision of the IACHR, issued four years after the facts, is worth recalling in detail.

The 1978 Decision on Case 1870 by the Inter-American Commission on Human Rights

The Text of the Commission’s decision in Case No. 1870 (Nibia Zabalsagaray) follows:

Case 1870

Uruguay

WHEREAS:

In a communication dated August 22, 1974, the following was denounced:

A young woman, a 20-year-old student and professor, NIBIA ZABALZAGARAY, (was) killed as a result of tortures inflicted at the Police Station at Señaleros, located in the El Peñarol neighborhood of Montevideo.

The Inter-American Commission on Human Rights, in a note dated October 8, 1974, transmitted the pertinent parts of the denunciation to the Government of Uruguay and requested that it provide the appropriate information;

The Government, in a note date May 23, 1975, requested a ninety-day extension in order to provide the information requested;

The Commission, in a note dated June 12, 1975, granted a thirty-day extension to the Government, which elapsed on July 12, 1975;

The Government of Uruguay, in a note dated July 12, 1975, reported the following to the Commission:

I – The death of Miss Nibia Zabalzagaray

The individual in question was detained on July 29, 1974 and within 24 hours of her detention she committed suicide in her cell.

The competent judicial organ intervened, ordering an opinion from the forensic physician. His reports states: ‘asphyxiation by suspension’ (hanging) as the cause of death.

The intervening Judge, in the absence of proof of any illegality, closed the proceedings on August 2, 1974.

The claimant, in a communication dated July 8, 1975, provided additional information to the Commission, the pertinent parts of which appear below:

NIBIA ZABALZAGARAY – professor of literature, single, 24 years of age.

The individual was detained, tortured and killed, all within a period of 10 hours, on Saturday, June 29, 1974.

At 1:30 a.m., three men dressed in military uniforms and two civilians appeared at her room at the Campomar Home for Workers’ Children in Montevideo (she was a native of the Department of Colonia). They interrogated her as to her political convictions and left with her at 3:00 a.m. and refused to reveal their identity and the place to which they were taking her.

Ten hours later, those in charge of the residence received a phone call informing them that Nibia Zabalzagaray had died and that they should inform some member of the family so that the latter might claim her body at the Military Hospital. Her uncles appeared there and were informed that Nibia was dead on arrival at the Hospital, and that her personal effects and her clothing (she was nude) should be claimed at the barracks of the Engineers Battalion No 5 and Transmissions Service (Camino Casavalle, Montevideo).

The death certificate, issued by Dr José Alejandro Mautone, attributed the death to suicide by hanging.

The relatives were denied the necessary authorization to conduct another autopsy. The corpse, however, underwent an external examination by experts, the results of which contradicted the official ruling.

The true cause of her death is asphyxiation through application of the torture known as the “dry submarine” (application of a plastic bag on the head, thereby preventing breathing) or cardiac arrest under torture.

No judicial action was taken as a result of the death of Nibia Zabalzagaray. No official received any military disciplinary punishment.

The Commission, in a note date October 24, 1975, forwarded to the Government of Uruguay the pertinent parts of the additional information provided by the claimant, and requested that the Government provide the following information:

b) A copy of the legal record and actions taken during the proceedings that were closed by the intervening judge on August 2, 1974, ‘in the absence of proof of any illegality,’ as stated in the corresponding part of the note from Your Excellency’s Government of July 12 of this year.

c) A copy of the autopsy on the corpse of Miss Nibia Zabalzagaray.

The Government of Uruguay, in a note dated May 18, 1976, refused to provide the information specified in the foregoing paragraph;

To date, the Government of Uruguay has still not provided the Commission either a copy of the actions taken during the proceedings or a copy of the autopsy on the corpse of Miss Nibia Zabalzagaray; and

From the information provided by the Government itself, it is concluded that no other proceeding or internal remedy is pending decision,

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:

1. To declare that all available information leads to the presumption that the cause of death of Miss Nibia Zabalzagaray, who was arrested by authorities and died ten hours after her arrest while in the custody of authorities, was a consequence of acts of violence she experienced during her detention.

2. To point out to the Government of Uruguay that the events denounced constitute a serious violation of the right to life (Article I of the American Declaration of the Rights and Duties of Man).

3. To recommend to the Government: a) that it order a thorough and impartial investigation to determine the true cause of the death denounced and, in accordance with Uruguayan laws, punish the individual or individuals responsible, should it be proven that a murder has been committed; b) that it advise the Commission of the measures taken to implement the recommendations contained in the above section within a period of no more than thirty days.

4. To forward this resolution to the Government of Uruguay and to claimants.

5. To include this resolution in its Annual Report to the General Assembly of the Organization (Article 9 (bis), c, iii of the Statute) if the Government has not advised the Commission of the measures it has taken to conduct the investigation recommended under operative paragraph 3 within a thirty-day period.

Adopted at meeting Nº 559th, January 30, 1978 (45th Session) and forwarded to the Government of Uruguay on February 21, 1978.

–Inter-American Commission on Human Rights, Decision on Case 1870, January 20, 1978
–The Spanish text is found here.

While President Jimmy Carter signed the Ameican Conventionon Human Rights in 1978, it has never been ratified by the United States.

Syria and the Long Arc of Justice

40 years is a long time to wait for justice, but at least it gives Bashar al-Assad and the leaders of Syria something to look forward to in their old age. Moreover, as the indictments and trials of Slobodan Milosovich, Radovan Karadzich, and Ratko Mladich suggest, things are changing. Al-Assad and his henchmen may not have to wait so long.

The Trenchant Observer

Obama rejected proposal of Clinton and Petraeus, backed by Panetta and Dempsey, to arm rebels in Syria

Thursday, February 7th, 2013

Developing story
–check back for updates

News Reports and Commentary

Michael R. Gordon and Mark Landler, “Senate Hearing Draws Out a Rift in U.S. Policy on Syria,” New York Times, February 7, 2013.

John Swaine (Washington), “Leon Panetta supports Hillary Clinton plan to arm Syrian rebels; President Barack Obama rejected calls from four of the most senior members of his foreign policy team to arm the rebels fighting to overthrow the Syrian regime, it emerged on Thursday nigh,” The Telegraph, February 7, 2013 (8:54PM GMT).

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

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Syrian army reportedly uses deadly gas on Khaldiyeh-Bayada frontline

Wednesday, December 26th, 2012

The Syrian Observatory on Human Rights reported that

…Syrian troops have deployed bombs containing a deadly gas while fighting rebels in the central city of Homs.

”Activists in Homs say that six rebels died on Sunday night on the Khaldiyeh-Bayada frontline because they inhaled odourless gas and white smoke,” the observatory said. ”Gas spread in the area after regime troops threw bombs that gave off white smoke as soon as they hit the walls.”

The bombs were allegedly deployed during street clashes with the rebels. ”Those who inhaled the gas felt nauseous and suffered severe headaches. Some suffered fits.

”These are not chemical weapons, but we do not know whether they are internationally prohibited,” said the observatory’s director, Rami Abdel Rahman. ”Activists say it is the first time they have recorded these effects. They’re not conventional weapons.”

The observatory called on the Red Cross to urgently send a specialised medical team to Homs, several districts of which have been besieged by army forces for more than six months. The Local Co-ordination Committees also reported the use of ”bombs containing gases” in Homs.

”These gases lead to muscle relaxation, severe difficulty in breathing and the narrowing of the iris,” the committees, a grassroots network of activists, said.

Amateur video distributed online by the committees showed a man on a stretcher struggling to breathe as a doctor held an oxygen mask over his face.
”It’s definitely a poisonous gas, but we don’t know what type it is,” ha field doctor said. ”It is definitely not sarin.”

–Agence France-Presse, “Rebels kill Intelligence officer in ambusg as Army uses deadly gas on stronghold,” Sydney Morning Herald, December 26, 2012.

The Trenchant Observer

A prayer for the children of Syria

Monday, December 24th, 2012

Prayer for an Alawite Child

I understand,

Just like me, you want to be happy,
Just like me, you want to be free of pain,
Just like me, you want to be loved,
Just like me, you want to be free from anxiety,
Just like me, you want to be free from fear,
Just like me, you want to know peace.

May you be happy,
May you be healthy,
May you be safe,
May you know peace.

Prayer for a Sunni Child

I understand,

Just like me, you want to be happy,
Just like me, you want to be free of pain,
Just like me, you want to be loved,
Just like me, you want to be free from anxiety,
Just like me, you want to be free from fear,
Just like me, you want to know peace.

May you be happy,
May you be healthy,
May you be safe,
May you know peace.

Prayer for a Christian Child

I understand,

Just like me, you want to be happy,
Just like me, you want to be free of pain,
Just like me, you want to be loved,
Just like me, you want to be free from anxiety,
Just like me, you want to be free from fear,
Just like me, you want to know peace.

May you be happy,
May you be healthy,
May you be safe,
May you know peace.

And let us say the same prayer for all of the children, of all of the other minorities, of Syria.

The Trenchant Observer

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

The Muslim Brotherhood’s Coup d’Etat in Egypt; William Butler Yeats and “The Second Coming”

Wednesday, November 28th, 2012

With the Muslim Brotherhood’s recent coup d’etat in Egypt, following on other measures it has taken in the last year, a dark pall has fallen over the Middle East.

A historic failure of U.S. leadership has not been the only cause, but it has left the advocates of modernity and democracy without a champion.

It is tragic that President Obama and the United States have not spoken out strongly, unequivocally, for restoration of the rule of law in Egypt.

Historians will have to sort out the causes of the decline of the influence of the West in the Middle East in the last few years, but surely American disinterest and unwillingness to get involved–in solving the Palestinian issue, or dealing with the barbarism of Bashar al-Assad in Syria–will weigh heavily in their accounts. With the United States in retreat since at least March of 2011, the region has been falling into anarchy and the hands of Islamic parties which, collectively, could potentially lead to the establishment of Islamic dictatorships throughout the region. Egypt is of extraordinary significance, for it is the cultural capital of the Arab world.

We are currently witnessing what happened in Iran–as it is actually happening, day by day, in Egypt.

The democratic promise of the Arab Spring, including the overthrow of tyrannical regimes in Tunisia and Libya, has not engendered the financial and other support from the West and other countries that might have helped sustain it, something like a Marshall plan for the New Democracies of the Middle East.

As the Muslim Brotherhood and Mohamed Morsi have just executed a coup d’etat in Egypt, the West—including the United States—stands leaderless, paralyzed, unable to react or to attempt to influence the rush of events in that country.

The United States and the West could consider blocking a $4.8 billion standby loan agreement between the IMF and Egypt, for example, if Morsi does not rescind his constitutional decree and the Brotherhood’s headlong race toward adoption of a constitution without the support of non-Islamic parties. But no one in Washington seems to be paying attention or to be thinking that fast.

Students of history may recall that Adolph Hitler came to power through free elections, but moved swiftly to control or eliminate potential opponents through a process known as the em>Gleichschaltung), or forced coordination.

Above all, the failure of the United States to openly lead a coalition to halt Bashar al-Assad’s atrocities in Syria has resulted in a loss of respect and influence in the region, while producing a covert program of supplying arms to the Syrian rebels through deeply conservative regimes whose interests seem to lie not in democracy, but in defeating Shia’s and empowering conservative and Islamist Sunni militias.

The cumulative policy failures and ongoing withdrawal from Afghanistan, leaving that country in conditions whose dire consequences are likely to be felt, if not immediately at least in the not-too-distant future; and the strategic failure in Iraq to achieve the administration’s central goal of a status of forces agreement–when the U.S. had leverage–and the resultant withdrawal of all U.S. forces leaving the gains from that war to unravel, have given the impression that the West is in retreat, contributing to a sense of impending doom.

Hamas celebrates victory as a result of the Egyptian-brokered truce agreement following its bombardment of Israel with rockets and Israel’s response, while Palestine is granted U.N. Observer status at the U.N., an implicit recognition of a Palestinian state achieved not through negotiation with the Israelis, but through negotiations in the corridors of the U.N.

Everywhere, supporters of democracy and modernity seem to be suffering a sharp decline in fortunes and influence. Unwilling to take a stand for their values in Syria, U.S. and Western supporters should perhaps not be too surprised now as those values are pushed aside.

The Benghazi fiasco is emblematic of the failure of U.S. policy in the region. Its significance is that, like a wartime flare on a dark night, it illuminates the administration’s policy failures throughout the Middle East, how they are connected, and how their consequences are all coming together as they did in Benghazi on the night of September 11, 2012.

The situation is ominous. One is reminded of the “The Second Coming”, William Butler Yeats’ celebrated poem written after World War I, which reads as follows:

The Second Coming (published 1921)

Turning and turning in the widening gyre
The falcon cannot hear the falconer;
Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity.

Surely some revelation is at hand;
Surely the Second Coming is at hand.
The Second Coming! Hardly are those words out
When a vast image out of Spiritus Mundi
Troubles my sight: somewhere in sands of the desert
A shape with lion body and the head of a man,
A gaze blank and pitiless as the sun,
Is moving its slow thighs, while all about it
Reel shadows of the indignant desert birds.
The darkness drops again; but now I know
That twenty centuries of stony sleep
Were vexed to nightmare by a rocking cradle,
And what rough beast, its hour come round at last,
Slouches towards Bethlehem to be born?

William Butler Yeats

The Trenchant Observer