Showing posts with label international law. Show all posts
Showing posts with label international law. Show all posts

Wednesday, February 6, 2013

Drones and the Universal Battlefield

I was very happy this morning when I saw drones on the front pages of the newspapers. Finally, I thought, this is being raised to the level of public discussion. As the day wore on and I read all of the variations of the story, with associated comment threads (yes, I did my actual reading online), my excitement continued, but I also grew irritated by a couple of things. On the positive side, I was happy to see people, including those who have believed that Obama is the answer to all their dreams and aspirations, starting to seriously question some of his choices. Yet, predictably, the debate centered entirely on the subject of the targeted killing of American citizens, and all criticisms of these killings were amply qualified with paeans to the virtues of killing terrorists.

The American Citizen Angle
Obviously it is a breach of domestic law and the Constitution (specifically that part about due process) to assassinate American citizens without a trial or any sort of legal procedure that might justify the act. This is and should be an outrage to those people who believe in the virtues of the modern institution of law. (I, on the other hand, have argued that the modern concept of “law” is a bourgeois institution/ideology/set of practices that create different spheres of actions and different types of citizenship – as such, laws are not made to be followed, and the U.S. has never consistently followed the rules upon which it supposedly is founded; infringements on civil rights have been the norm for the nation’s entire existence.) However, this departure from the Constitution is seen as the extent of the scandal. The targeted killing of non-citizens is not seen as problematic, and I have not seen it raised for discussion.

However, drone strikes, regardless of whom they are directed against, represent a fundamental shift in our notion of the “battlefield.” Up until recently, if one wanted to intervene militarily in another country, one declared war. It was the declaration of war itself that triggered the application of international laws pertaining to Just War. For example, the rationalization of “collateral damage” (which I nevertheless do not believe is in any way "rational") occurred within the context of a declared war, with a specified battlefield in relation to where the combatants were located. It was this official declaration of war that made a “special exception” for the killing of civilians located in a conflict zone. Now there is no declared war. And the “battleground” has been redefined as “anywhere a terrorist moves.” Since “terrorist” itself is a vague word (more on that below), any location on earth can be defined as a battleground, and therefore the “special exceptions” of war have become universally applicable laws. Despite the misleading contentions that drones only kill terrorists, less biased international organizations estimate that the vast majority of victims are innocent civilians. What the drone apologists are arguing is that they have the authority to indiscriminately kill anyone in the world, without any approval or oversight, or any framework of a “war.” This is just as much of an abrogation of previously accepted law as the assassination of American citizens.

The Secrecy Angle (/Killing Terrorists is A-Okay)
One common sentiment that I encountered today went along the lines of:  "Of course, no one would have much of a problem with the U.S. killing terrorists without due process. They just shouldn't be so secretive about it." Yes, it seemed that the main problem was simply the covertness with which the drone program has been carried out. Not the the loss of life or physical destruction or psychological trauma in Yemen, Pakistan, and Somalia. The telling thing is that a lot of people are more than willing to give up their sacred laws if terrorists are involved. This is where the problematic definition of "terrorist" comes in.

It has been noted that the U.S. retroactively (and erroneously) identified some drone victims as high-ranking Al Qaeda members in order to justify the killings. Yet, many victims are young and only marginally involved in Al Qaeda, posing no serious threat to the U.S. The problem is that one does not have to possess both the means and the intent to inflict harm on the U.S. institutional apparatus or citizenry to be considered a terrorist. Generally, anyone expressing any views that challenge the U.S. and its vital interests can be labeled as a "threat" - and if they are Muslim, a "terrorist." Of course, one can view this as a freedom of speech issue. But there is a broader issue. All nations are not created equal. The U.S. is a neo-colonial power with substantial influence in pretty much every country, particularly in those areas where "terrorists" reside. Expressing anti-American sentiments must be seen in the context of feeling the domination of the U.S. in a very physical way (poverty, dictatorships, etc.)

It is an established fact that when one group of humans dominates another, the subject populations will resist. It is also an establish fact that the dominating power will label the resistance movement as "terrorists" or some other such pejorative term. For a while, the popular term was "communist." Whether one talks about "terrorists" or "communists" the effect is always the same: the demonization of people resisting domination, and the legitimization of all manner of activities that would in normal circumstances be unpalatable (e.g. killing random people with drones).

Drone attacks should be seen for what they are: another expression of American domination of the Middle East and Africa. That is why they largely increase anti-American sentiments. When drones kill "terrorists" they are not eradicating evil-doers. They are annihilating the resistance to neo-colonialism.

Saturday, February 2, 2013

Book Review: Humanitarian Imperialism

Humanitarian Imperialism: Using Human RIghts to Sell War by Jean Bricmont

This short book is really a persuasive essay targeted at Bricmont's fellow leftist who have abandoned the idealism of their youth (the revolutionary 1960s) and have for decades been advocating humanitarian interventions in other countries. Bricmont, though not writing from a pacifist perspective per se, highlights the weaknesses of the leftist criticisms of the anti-war movement, and explains how interventions ostensibly undertaken to defend human rights in reality always serve to strengthen Western imperialism.

Although I didn't agree with every single line of reasoning used by Bricmont (e.g. faith in international law), as an argument against the pro-militaristic left it is fantastic. Bricmont situates U.S./NATO military campaigns in the context of colonial history and present neocolonial hegemony. He makes a compelling case as to why a Western state will never have altruistic aims, and why an army can never be used to promote human rights.

I do wish he could have expanded a bit more on why WW2 can't be used an example of justifiable intervention. He mentions that Western elites admired fascist regimes; that the purpose of waging war with Hitler had nothing to do with concern for human rights abuses; and that, in fact, mass killings of Jews did not occur until after Western powers became involved (thus, the war was not really an effective tool to stop genocide). Bricmont could have also mentioned the role of U.S. capital investments in Germany's rearmament - in fact, the role of capitalism more generally.

On the other hand, I was very interested by some of Bricmont's arguments regarding the Soviet Union. The Soviet Union is always used to make the case that communism/socialism/Marxism has "been proven wrong." This frustrates me to no end, and I think I may just devote another entire post to the subject. However, one interesting idea proposed by Bricmont is that the instability caused by Western intervention in the immediate aftermath of the Revolution should be factored into the type of dictatorship that emerged. It is true that threats from the outside always engender a curtailment of civil liberties. Bricmont also rightly points out that there were plenty of cases of democratic socialism/communism, but they just happened to be undermined by Western-sponsored coups and the like. Bricmont argues that dictatorships are harder to topple, and thus the only socialist/communist states that were able to survive the Western onslaught were those that were dictatorial. Thus, the most popular examples of the failure of communism do not really prove anything about the inherent nature of communism.

The conception of violence as a useful tool is one of the last bits of dominant ideology that is so entrenched as to be nearly unquestionable. Bricmont takes a great step toward demystifying the nature of violence and war. I can already think of several people who I would love to get to read this book!

Friday, November 30, 2012

Will Statehood Help the Palestinians?

The hope that Palestinians pin on the UN and statehood status is just another example of the pitfalls of trying to create change within the system.

The Palestinians are not being screwed by Israel. They are being screwed by a global system, of which Israel is merely one component.

Do the Palestinians really believe that having the status of a sovereign state will protect them from being occupied or invaded? Do they think that, in obtaining statehood, they will suddenly be freed from their open-air prisons and no longer be deprived of basic necessities? The answer, of course, is no, but the hope is that any steps toward statehood will give them certain rights under international law and perhaps some leverage via the UN.

Then I must ask, do you really think the UN is going to deliver? We're talking about the same UN, right?

The fact of the matter is that the UN serves the interests of the global capitalist elite who control its institutional machinery. So long as Palestinian subjugation is useful in the capitalist system, it will continue.

The Palestinians would be better served by recognizing the way in which all modern institutions (including the system of nation-states and international law) functioning together with capitalism as an integrated whole. If the Palestinians want their freedom, they will not find it in the international legal system. Perhaps the only way out of captivity is the path (more or less) of the Zapatistas.