Limited military action to halt crimes against humanity: A new template to halt terror in Syria, and elsewhere—Obama’s Debacle in Syria — Update #18 (March 28)

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“We are…in a historical moment in which the international community is called upon to craft a new response to regimes in crisis that cling to power against the democratic demands of their populations by the use of terror and the commission of war crimes and crimes against humanity.

“The response that is required, however, …does not countenance long, drawn-out negotiations with a Dictator who continues to commit war crimes and crimes against humanity against his population. It does not accept a scenario in which negotiations continue in diplomatic time, as thousands are killed in real time.

“It does not accept a diplomatic dance that places the trump cards in the hands of authoritarian regimes complicit in the commission of war crimes and crimes against humanity, and in the hands of the Dictator committing those crimes.

“It does not accept the “devil’s bargain” of negotiating with a war criminal the cessation of war crimes and crimes against humanity in exchange for his retaining power and the capability of using the instruments of state power to continue widespread and grave violations of fundamental human rights…

“…Limited military actions to halt the ongoing commission of such crimes may form a part of this international response, with the approval of the Security Council whenever possible, but without it if Security Council action is blocked by a veto and the atrocities and butchery continue.”

–The Trenchant Observer, below

The Hope

Rami Khouri of the Daily Star (Beirut) argued recently that

We may be witnessing in Syria the first example of a new global diplomatic process to end a conflict, protect civilians, and instigate democratic political reforms within a sovereign country in a manner that is at once legitimate, credible and effective.

In the past three months, a variety of countries – Arab and foreign, big and small, friends and foes of Syria – have all performed an ever-evolving diplomatic dance that last week generated a United Nations Security Council statement on Syria that is important for three reasons: It is unanimously supported by all council members, including Russia and China, who had vetoed earlier resolutions critical of Syria’s leadership; it waters down the earlier Arab League that explicitly called for President Bashar Assad to step aside; it seeks instead to halt the violence and open the way for an unspecified process of dialogue and reform leading to a democratic transition that may one day result in a new regime in Syria.

The two previous possible templates for addressing the Syrian situation – the Libyan intervention and war by NATO, and the unilateral Arab and Western demands that Assad step aside and make way for a democratic transition in the country – have both proved undesirable or unfeasible for certain key actors, primarily Russia. The past month has shown that if Russia and China decide to oppose the American-led camp, the situation will remain diplomatically frozen.

The chance of this package being accepted or implemented by the Syrian government is virtually zero, because it knows very well that if it pulls back its military and stops attacking its own civilians in urban centers, hundreds of thousands of people will take to the streets in peaceful demonstrations against the regime. The important point is that the key global actors have agreed on this approach, to open the door to a peaceful process of political transformation by which Syrians nonviolently and democratically change their regime and install a more democratic system of governance.

A key element in this approach is that President Bashar Assad and his family who run the country will remain in power for now, and are the key party with whom the opposition negotiates. This is understandably distasteful to the opposition, given the extreme cruelty and near barbarism that the regime’s military forces have used against unarmed Syrian civilians for the most part.
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The Assad regime’s ability to hide behind its own sovereignty is now exhausted. This week the world has started to craft a legitimate diplomatic mechanism that shatters the shield of this abused sovereignty, and demands certain actions that improve conditions inside Syria, and perhaps provide a slow-motion means of changing the regime for the better over a period of months or years.

The diplomatic dance continues, seeking to resolve the Syria crisis, but also to craft a new international diplomatic order.

–Rami G. Khouri, “A new world order is born in Syria,” The Daily Star (Beirut), March 24, 2012.

The Reality

Khouri’s optimism regarding the U.N. initiative led by Kofi Annan is noteworthy, particularly in view of the earlier pessimism expressed by the Editorial Board of The Daily Star.  On March 9, 2012, they wrote:

The scene around Syria overflows with talk. The world’s big players proffer big words, which amount to zero in their impact on the Syrian regime – if anything they are utilized in their propaganda campaign.

The international community is attempting to save face, and by doing so is exhibiting its hypocrisy in every step and every word. This is hypocrisy of the worst kind, not only uncovering the ulterior motives of the world powers, but also serving as an eye-opener as to the intentions of the small, medium and super powers. God help any downtrodden party who takes the words of those powers at their face value. In this, the international community’s reaction to the crisis in Syria should be a lesson for many nations that look to it for support.

In the meantime, help for Syria is still at square one and none of the steps currently being taken are going to eradicate the shame of the international community.

–Editorial, “We procrastinate,” The Daily Star, March 9, 2012.

Correction: Earlier versions of this article mistakenly atribributed this text to Rami G. Khouri, to whom we apologize for the error.

A New Template to Halt Terror in Syria, and Elsewhere

While the Observer has the highest respect for Khouri and his judgment, the available evidence in the public domain suggests that the March 9 Editorial of The Daily Star remains much closer to the mark than his March 24 column on “the birth of a new world order.”

We are indeed in a historical moment in which the international community is called upon to craft a new response to regimes in crisis that cling to power against the democratic demands of their populations by the use of terror and the commission of war crimes and crimes against humanity.

The response that is required, however, and which may yet emerge–if not in this crisis perhaps in the next–does not countenance long, drawn-out negotiations with a Dictator who continues to commit war crimes and crimes against humanity against his population.  It does not accept a scenario in which negotiations continue in diplomatic time, as thousands are killed in real time.

It does not accept a diplomatic dance that places the trump cards in the hands of authoritarian regimes complicit in the commission of war crimes and crimes against humanity, and in the  hands of the Dictator committing those crimes.

It does not accept the “devil’s bargain” of negotiating with a war criminal the cessation of war crimes and crimes against humanity in exchange for his retaining power and the capability of using the instruments of state power to continue widespread and grave violations of fundamental human rights, including the right to life and physical integrity of the human person, the right of assembly, the rights to free speech, freedom of the press, and to receive and impart information and ideas, and the right to due process and a fair trial by an independent judiciary.

Instead, the response that is required, for both moral and political reasons, is an insistence on the cessation of crimes against humanity and war crimes as a condition precedent to negotiations betwen the dictatorial regime, its democratic opposition, and the international community.  Limited military actions to halt the ongoing commission of  such crimes may form a part of this international response, with the approval of the Security Council whenever possible, but without it if Security Council action is blocked by a veto and the atrocities and butchery continue.

Any such military action without Security Council authorization should be strictly limited to defending populations which the offending state has a “responsibility to protect“–in situations where it is failing to do so, and even actively orchestrating the commission of the crimes which are to be defended against. Further, it should be limited to halting the atrocities, and undertaken as provisional measures of protection of the victims until such time as the Security Council is able to act–without a veto–to implement “the responsibility to protect”.

The Trenchant Observer

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