Thursday, June 23, 2011
"A teaching moment for an entire generation"
Monday, June 13, 2011
Goldstein on Sudan
Thursday, May 19, 2011
Barnett on humanitarianism
Thursday, April 14, 2011
Will R2P become a 'European Monroe Doctrine'?
Does the analogy work? I'm not convinced. The U.S., as DPT indicates, relied on Britain's naval power to enforce the Monroe Doctrine for most of the 19th century. And not too long after the U.S. became capable of using its own navy to enforce the Monroe Doctrine, Theodore Roosevelt proclaimed in 1904 his famous 'corollary' to the Doctrine which "declared that misgovernment (or 'chronic wrongdoing')" by Latin American governments would be grounds for U.S. armed intervention (Penguin Dictionary of International Relations, 1998, p.337). Applying this principle via his paternalistic pronouncement that "we must teach the Latin Americans to select the right man," Woodrow Wilson sent the Marines into Mexico in 1914 (ibid., p.573).
By contrast, R2P is less paternalistic than the Monroe Doctrine as applied by TR and Woodrow Wilson. R2P's application is limited to four circumstances: genocide, war crimes, ethnic cleansing, and crimes against humanity (see M.W. Doyle, "International Ethics and the Responsibility to Protect," Int'l Studies Review 13:1, March 2011). It is not a question of teaching the inhabitants of country X "to select the right man [or woman]." A leader can drive his or her country into the ground and can be as corrupt as all get-out, but as long as he or she does not engage (or very credibly, by his or her own pronouncement, appear to be right on the verge of engaging) in genocide, war crimes, ethnic cleansing or crimes against humanity -- all of which, with the possible exception of ethnic cleansing, have accepted definitions in international law -- the question of R2P does not even arise.
Of course, application of R2P will be selective and considerations of the sort mentioned by DPT will influence the 'selections'. But that does not mean that R2P will be used to legitimize interventions of the kind that Wilson ordered in Mexico. Thus "European Monroe Doctrine" may not be the right description, inasmuch as it may conjure up a history of paternalistic, imperialistic interventions that I think few have any interest in defending or repeating.
Tuesday, April 12, 2011
In the wake of Boumediene
This statement, if one emphasizes the word "direct," may be technically correct, but it does not capture the story of what happened with the named plaintiffs in Boumediene, a story I found when a search on "Boumediene v. Bush" turned up the site of WilmerHale, the law firm which handled the case for the plaintiffs on a pro bono basis.
WilmerHale's post reminds those who had forgotten the facts (or never been too clear on them, such as myself) that the plaintiffs were six Algerians living in Bosnia who were transported to Gitmo by the U.S. government in 2002 and held there for more than five years before the Supreme Court's 2008 decision. The U.S. claimed among other things that they had been planning to attack the American embassy in Sarajevo. I pick up the story from the law firm's post:
In October 2008, WilmerHale filed the first-ever evidentiary response ("traverse") on behalf of Guantanamo prisoners, refuting the Government's asserted grounds for detention...As a result of WilmerHale’s challenge, the US Government dropped its most inflammatory claim against the men, namely that they were planning to attack the US Embassy in Sarajevo in 2001. The US Government abandoned this claim even though President Bush had specifically mentioned it in the 2002 State of the Union address.
In November 2008, Judge Richard J. Leon of the US District Court in Washington DC held a seven-day hearing into the Government’s allegations. It was the first merits hearing in a habeas case involving Guantanamo prisoners. The hearing also included another first-time event: testimony by Guantanamo prisoners, live via videolink from Cuba, in support of their own bid for release.
On November 20, 2008, Judge Leon ruled that the Government had failed to show any credible evidence justifying detention of five of the six men. Judge Leon also took the extraordinary step of imploring the Government not to appeal that ruling. Judge Leon ruled against the sixth Petitioner, Belkacem Bensayah.
In December 2008, the Government informed WilmerHale that it would, indeed, forgo any appeal and abide by the ruling as to the five successful Petitioners. On December 16, 2008, three of WilmerHale’s clients—Mustafa Ait Idir, Hadj Boudella, and Mohamed Nechla—arrived safely home in Sarajevo, Bosnia, where they were met by elated family members and friends. This was the first time that the US Government has released Guantanamo prisoners in response to a court order. The remaining two successful petitioners, Lakhdar Boumediene and Saber Lahmar, were released and transferred to France in 2009.
WilmerHale appealed Judge Leon's denial of Belkacem Bensayah's habeas corpus petition to the US Court of Appeals for the District of Columbia... On June 28, 2010, the DC Circuit panel unanimously reversed and remanded Judge Leon's ruling, holding that the government's evidence was insufficient to demonstrate that Mr. Bensayah was detainable. This marks the first (and so far only) case in which the DC Circuit has reversed a district court's denial of habeas corpus to a Guantanamo prisoner.
So although Barnes's article is no doubt correct that the practical impact of the Boumediene decision has been much less than proponents had hoped, at least in the case of the original plaintiffs the decision did make a difference: the five who were released (the three who returned to Bosnia and the two who went to France) were set free in response to a court order, as the law firm's post says.
Why hasn't Boumediene benefited more detainees? The Barnes piece suggests that the U.S. Court of Appeals for the D.C. Circuit has weakened, if not undermined, the decision (he quotes the Center for Constitutional Rights as saying the D.C. Circuit has "openly defied" Boumediene). That is probably part of the reason; another may be that most detainees, unlike the Boumediene plaintiffs, have not been lucky enough to receive the skilled pro bono services of a big, very well-resourced law firm like WilmerHale. (This is not in any way to cast aspersions on the various lawyers who represent detainees, merely to note that resources can make a difference.)
P.s. Looking back at a post I wrote when Boumediene was decided, I see that Roberts in his dissent said the decision would have only a "modest practical impact," whereas Scalia in his dissent said it would have far-reaching and "disastrous" consequences. On this point, score Roberts one, Scalia zero. (But note that two commenters on my June 2008 post thought Scalia and Roberts were talking about different things, not making different predictions about the same thing. Whatever.)
Monday, January 24, 2011
Multipolarity and normative convergence
Hu's statement that China has 'some work to do on human rights' (that was the gist if not the verbatim) is striking: it was not broadcast back in China but the fact that he said it is remarkable. Talk may be cheap but it is never completely empty or meaningless. Surrounded as it was by the standard stuff about China and the U.S. being different societies at different levels of development, needing to respect each other's sovereignty, etcetera etcetera, the statement stands out all the more sharply. It struck me as noteworthy that the first-among-equals in a collective leadership of an authoritarian state would publicly utter the phrase 'human rights' at all, as opposed to finding some euphemistic substitute.
There is a wide -- albeit not universal -- agreement among observers of international politics that the world is entering a period in which power is diffusing to more countries, as 'rising powers' (China, India, Brazil, perhaps Russia, and a few others) take a more assertive, visible role on the world stage and as the relative power of the U.S. continues to decline. Because China and Russia are not Western-style democracies (though Russia has some democratic forms), one line of thought holds that an increasingly multipolar world will also be one in which basic values become bones of contention, so to speak, as the standard-bearers of authoritarianism become more assertive not just about their geopolitical and economic interests but also about the supposed merits of their domestic arrangements. A contrary line holds that because no country can escape the 'liberal' international economic system, increasing integration into the world economy, plus economic growth and development in general, should lead eventually to a softening of authoritarianism and perhaps, even more eventually, to indigenously-driven, gradual 'democratization'. Sophisticated new versions of modernization theory, based on work by Ronald Inglehart and others, maintain that there is indeed a connection, however qualified and contingent, between development (in the sense of rising incomes, rising consumption, rising urbanization, growth of a middle class, etc.) and democracy. If this view is even partly correct, then multipolarity will mean not a fiercer fight over values, at least among states, but on the contrary a growing agreement on values (the 'normative convergence' of this post's title). The new multipolar world, on this view, will be closer to what Raymond Aron many years ago called a 'homogeneous system' as opposed to a 'heterogeneous system', or at least we can expect it to move slowly in the direction of the former.
The question just raised is more descriptive or predictive (what might happen?) than prescriptive (what should policymakers, say in the U.S., do?). In an article last fall in Foreign Affairs ("Not Ready for Prime Time," Sept./Oct. 2010), Jorge Castañeda argued that Brazil, China, India, and South Africa should not be brought into the inner sanctums of global governance because they are not sufficiently committed to "the notion that a strong international regime should govern human rights, democracy, nonproliferation, trade liberalization, the environment, international criminal justice, and global health." They remain too tied to outworn notions of 'noninterference in internal affairs,' Castañeda suggested, and until that changes, they should not be invited to assume positions of greater responsibility in international institutions.
I'm not sure Castañeda got it right. How do we know that increased commitment to international regimes will not be a consequence of more responsibility? Countries that remain shut out of positions commensurate with their growing material power are likely to become resentful and may look for opportunities to disrupt rather than strengthen the international regimes that exist (except, perhaps, on particular issues such as piracy and maybe terrorism where all states' interests 'naturally' converge).
In this context, does Hu's statement about China and human rights mean something? Very possibly. As one data point, it doesn't count for much, to be sure, but if it is followed by actions it may form one piece of evidence that the 'not ready for prime time' prescription has it backwards. I'll fall back here on that old friend of pundits: it's too soon to tell.
Sunday, October 24, 2010
Rhetorics of empire
The independence movements of the post-1945 world that led to the end of Europe’s African and Asian empires were driven by the rhetoric that had guided the Allies’ own struggle against Germany and Japan: democracy, freedom, equality. This [i.e., the conflict between colonial powers and independence movements] wasn’t a conflict between values. It was a conflict of interests couched in terms of the same values. (p. 80)
Smuts was also a believer in international organization. Among other things, he was a main drafter of the preamble to the UN Charter, which listed among the organization’s purposes the reaffirmation of “faith in fundamental human rights, …the dignity and worth of the human person, …the equal rights of men and women and of nations large and small….” Mazower asks: “How could the new world body’s commitment to universal rights owe more than a little to the participation of a man whose segregationist policies back home paved the way for the apartheid state?” (No Enchanted Palace, p. 19) The answer – or at least an answer – is that for Smuts, and for some others involved in the UN’s founding, “fundamental human rights” did not in fact mean universal rights. Adhering to an “evolutionist paradigm of cosmic harmony under beneficent white guidance” (p. 57), Smuts saw “differential degrees of freedom and differential treatment of groups by the state [as] not merely reasonable but necessary for human progress.” (p. 64) As a young man, Smuts “had talked easily about the mission of ‘half a million whites’ to lift up ‘the vast dead weight of immemorial barbarism and animal savagery to the light and blessing of ordered civilisation,’” and he hoped the UN would be “a force for world order, under whose umbrella the British Empire – with South Africa as its principal dynamic agent on the continent – could continue to carry out its civilizing work.” (p. 65)
Note: For more on Smuts, see the sources listed in Mazower's notes. Also, Richard Toye's Churchill's Empire (Henry Holt, 2010) contains a couple of references to Smuts from a somewhat different perspective.
Wednesday, July 28, 2010
The UN water rights resolution
2.6 billion people, or roughly 40 percent of the world's population, lack access to sanitation, and nearly a billion people lack access to clean water. This resolution, like all General Assembly resolutions, is non-binding and must be seen as aspirational. It apparently does not commit states to any specific actions, though it does call on them to "scale up" efforts to transfer technology and expertise that would improve the situation. Aspirational resolutions are not meaningless, and abstaining on this particular one makes little sense. It only makes the abstainers look small-minded and mean-spirited. Moreover, pronouncements about the "existing state of international law" merely reinforce the accurate perception that international law in this respect is in need of renovation.
Update: S. Carvin at Duck of Minerva has a longer post about this here.
Thursday, April 15, 2010
Wherein the break is briefly interrupted
It also has an argument and a set of policy recommendations, none of which I have the time or inclination to go into, at least not now. But one or two reactions may be worth noting. Most of Goldhagen's scholarship (including his prize-winning undergraduate thesis and his Ph.D. dissertation, which became the famous and controversial book Hitler's Willing Executioners) deals with the Nazi genocide of the Jews. This film however deals with genocide in general, focusing on various instances of it, especially fairly recent ones (e.g., Rwanda and Bosnia in the 1990s; Guatemala in the '80s; Cambodia under the Khmer Rouge; and Darfur).
Goldhagen argues in the film that genocidal political leaders are not "crazy" but are "rational calculators" (his phrase) who weigh costs and benefits; if they are made to realize that genocide will not 'pay' because they will be punished swiftly, then they will not order it. This description may very well apply to Slobodan Milosevic or Omar al-Bashir. Goldhagen does not say explicitly, however, that this description applies to Hitler. And whether the "rational calculator" label applies to perpetrators, as opposed to leaders, is less clear still. (As Goldhagen mentions at one point, surviving concentration camp inmates were sent on forced death marches in the very last days of Nazi Germany, even after officials in the Nazi hierarchy had ordered killings to stop; the organizers of the death marches ignored those orders.) Goldhagen also observes that genocidal leaders mobilize and play on prejudices that people already have; of course, since such prejudices are usually irrational, "rational calculators" have to know how to mobilize and harness irrationality. In the process, however, isn't it possible that these "rational calculators" may come to believe the myths that they start out by exploiting? If so, does that make them less rational? These questions were not really addressed in the film; perhaps they are addressed in the book.
[The break from posting will now resume.]
Wednesday, November 11, 2009
African Union Convention on Displaced Persons
You might ask whether conventions like this have any practical effect. The safe, albeit perhaps unsatisfying, answer is that it varies: some have more impact than others. But at a minimum they can help focus attention on a problem, and that in itself can be useful.
Sunday, June 28, 2009
Friday, April 10, 2009
On Britain, France, and border controls
Tuesday, April 7, 2009
15th anniversary of Rwandan genocide
Update: Gérard Prunier, Africa's World War: Congo, the Rwandan Genocide, and the Making of a Continental Catastrophe (Oxford UP, 2008), may be what I had in mind.
Wednesday, December 10, 2008
60th anniversary of the Universal Declaration
Sunday, December 7, 2008
Humanitarian intervention, social science, and "the new aid imperialism"
Easterly notes, among other things, that the "share of U.S. foreign aid distributed by the Pentagon increased from 6 percent in 2002 to 22 percent in 2005." What Easterly does not note, however, is that the overall amount of U.S. foreign aid increased from 2002 to 2005, so the Pentagon was distributing 22 percent of an expanded pie, not a shrinking one, which thus still left more in absolute terms for civilian agencies, such as the Millennium Challenge Corp. and AID, to distribute. Nonetheless, it's true that the line between military activity and foreign aid, as far as the U.S. is concerned, has been blurring in recent years.
Is this a good or a bad thing? Easterly thinks it's bad, and he does have a case to make. In using a review of Collier's book to make it, however, he runs into some difficulties. I'll mention a couple of them.
1) The basic argument of Collier's book, according to Easterly, is that the poorest countries in the world "are trapped in a vicious circle of poverty, civil war, military coups, looting of natural resources, and failed states. They need outside rescue by the rich nations." Easterly questions this argument on several grounds, accusing Collier's book of failing adequately to distinguish correlation from causation and of engaging in selection bias. Among other things, Easterly notes that poor countries have experienced "growth reversals...in both directions."
"Côte d'Ivoire, Kenya, Nigeria, Togo, and Zimbabwe had good growth between 1960 and 1980, before falling prey to economic decline -- brought on by political disasters and other factors -- from 1980 to the present. Conversely, Bangladesh, India, Uganda and Vietnam [my emphasis] had mediocre to negative growth between 1960 and 1980, before registering impressive growth from 1980 to the present. If there is so much movement into and out of success and failure, it is hard to argue looking forward that the Bottom Billion are trapped in failure."Vietnam? Why do you suppose Vietnam might have had "mediocre to negative growth between 1960 and 1980"? Might it have had something to do with the facts that virtually the entire able-bodied adult male population, at least of N. Vietnam, was mobilized for military service, and that the U.S., from 1965 to the early 1970s, dropped more bombs on N. Vietnam than were dropped during the entirety of World War II? These count as extraordinary circumstances that give the case of Vietnam no probative weight at all, in my opinion, on the point Easterly is adducing it to support.
2) Easterly writes:
"...[B]oth statistical exercises and case study analysis give ambiguous direction on military intervention [for humanitarian or ostensibly humanitarian ends]. I think the moral of the story is that, as tragic as poverty and violence are, social science does not have much to offer as a guide to using military force to stop them. This is not so surprising: why should social scientists have any strategic expertise on whether a contingent of foreign or international troops will pacify a country easily (Sierra Leone) or with great difficulty, or not at all (Somalia)? It is regrettable if social science is used to give spurious cover to military intervention."Easterly is right to strike a note of caution, I think, but he may go a bit too far in dismissing social-scientific expertise: surely there are scholarly experts on Sierra Leone and Somalia who might have provided insights about the relative likelihood or unlikelihood of successful intervention in the two countries.
In making his case, Easterly himself draws on social science, namely the research of political scientist Alan Kuperman, who has written about "the moral hazard" of humanitarian intervention. In Easterly's words, Kuperman "argues that the hope of international intervention may embolden rebels to undertake military action that will inevitably catch many civilians in the crossfire between the rebels and the government before the interveners arrive. This is exactly what happened with the Kosovo Liberation Army (KLA), whose members admitted in interviews with Kuperman that their violence against Serbs starting in 1997 was motivated by hopes of foreign intervention." (Although Easterly does not give a footnote citation to an article by Kuperman, I assume he is drawing on Kuperman's "The Moral Hazard of Humanitarian Intervention: Lessons from the Balkans," International Studies Quarterly 52:1, March 2008, pp.49-80. Full disclosure: I have not read the article, only the abstract.)
Political judgments about whether, when and how to intervene in humanitarian crises such as genocide or ethnic cleansing must be recognized as political and not masquerade as purely scientific, neutral decisions: on this point Easterly is unquestionably correct. But in his concern to reveal the weaknesses of what he takes to be unduly optimistic and pro-intervention standpoints, Easterly may be in danger of condemning, by implication if not explicitly, all social-scientific efforts to understand the consequences of intervention and the possible conditions of its success or failure. Careful case studies backed up, where appropriate, by statistical analysis that does not claim too much for itself may still have a role to play in helping politicians reach defensible, intelligent, and practical judgments on these matters.
But you can read the Easterly piece for yourself (see link above) and reach your own conclusions.
Monday, December 1, 2008
Kalahari Bushmen in appeal to the Pope
Wednesday, November 19, 2008
Selective outrage?
On the other hand, of course, there are Western voices who would use the Muslim extremists to tar all Muslims, or Islam in general. Glance at some of what goes on at a site like Gates of Vienna for an example of this.
Sunday, June 8, 2008
Congo and MONUC
Wednesday, June 4, 2008
ICC prosecutor out on a limb?
"Ali Kushayb, a leader of the Janjaweed militia, and Ahmad Harun, Sudan's current Humanitarian Affairs Minister [sic], are both charged [by the ICC] with 51 counts of war crimes and crimes against humanity, including acts of murder, persecution, torture, rape and forcible displacement," according to this June 4 BBC story.
Does Luis Moreno-Ocampo, chief prosecutor of the ICC, really think that accusing the entire Sudanese government of complicity in crimes will increase the chances of its turning over the two men? Or has he concluded that it's hopeless, so he might as well go ahead and denounce the whole government?