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America’s Anti-Agoge

Wednesday, November 18th, 2015

[by Mark Safranski, a.k.a. “zen“]

“….Instead of softening their feet with shoe or sandal, his rule was to make them hardy through going barefoot. This habit, if practiced, would, as he believed, enable them to scale heights more easily and clamber down precipices with less danger.”

– Xenophon, The Polity of the Lacedaemonians

Be quiet! In your position, it is your job to create a place of comfort and home for the students who live in Silliman! Then why the fuck did you accept the position? Who the fuck hired you? You should step down! If that is what you think of being headmaster, you should step down! It is not about creating an intellectual space! It is not!”
Jerelyn Luther, the Shrieker of Yale

“I personally am tired of hearing that first amendment rights protect students when they are creating a hostile and unsafe learning environment for myself and for other students here.”

– Brenda Smith-Lezama, Vice President of the Missouri Students Association 

Much has been written this week of the protests at Mizzou and Yale universities now sparking more absurd copycats elsewhere.  Pundits have covered the dangerous illiberalism of campus political correctness and speculated that the students are the result of a generation of helicopter parenting. There were earlier essays recently on the “coddled” nature of elite university students generally and skewered Ivy League students in particular as the products of a deeply flawed, intellectually shallow,”meritocratic” rat race that serves as the gateway to the nation’s elite. There have also been conservative suggestions that the students lack the maturity to vote and a furious counterattack by social-justice faction lefties defending the students and their authoritarian anti-free speechsafe space” ideology.

While all interesting and moderately important, I don’t think any of this gets to the heart of the matter.

Up until today, every society in history has had a process, formal or informal, to prepare the next generation of leadership and inculcate virtues in them that would assure their society’s cultural continuity and physical survival. The ancient Chinese mandarinate was based on mastery of Confucian classics; the British Empire had its public schools and storied regiments where the sons of the gentry and peerage bonded; the samurai and daimyo of Tokugawa Japan continued to uphold bushido and cherish antique tactics in warfare centuries after Japan’s unification made such things more ritual than reality.

The definitive example of an educational rite of passage from student to member of the ruling class however, remains the Agoge of ancient Sparta. Established, according to Spartan legend, by the semi-mythical law-giver Lycurgus, the agoge (“the upbringing”) existed to mold Spartan boys through a ferocious training regime into the hoplite soldier-citizens who comprised the social apex of Sparta’s militaristic oligarchy. The agoge ceaselessly battered the students with physical exertion, corporal punishment, exposure to the elements and hunger in a bid to harden them  in mind and body. There’s much about life under the agoge that moderns, even admirers of classical Greece, would find distasteful or even appalling, but it was very effective at inculcating that ascetic toughness, communal discipline, martial prowess and laconic wit that Spartans prized.  For at least three centuries, the agoge helped sustain Sparta’s qualitative military edge and its hegemony over the Greek world and subsequently, its political independence for two centuries more. Not a record that was frequently matched in history.

America too has a system of education to prepare – or rather, certify – our future business, academic, judicial and political leaders based on matriculation at a small number of highly selective, elite universities and liberal arts colleges. Broadly speaking, this includes roughly the top 100 higher education institutions ranked by US News & World Report and narrowly, for filling the very top tiers of finance, law and government service, the Ivy League plus a handful of comparable schools. This would place Mizzou at the bottom of the barrel of our elite education system while Yale is at the very pinnacle. The kids going to exclusive, elite, universities are very bright for the most part, but even more so they are wealthy.

This upper class status includes the campus protestors screaming loudest about their wretched oppression. The hunger striker of Mizzou’s father is a multi-multi-millionaire while the Shrieker of Yale reportedly comes from the relative poverty of her parents $750,000 home. The aggressive authoritarianism on display at Yale, Mizzou, Amherst, Dartmouth or Claremont is less the “Rage of a Privileged Class” than the petulant tantrum of the 1%.  In other words, despite their heroic efforts at a public pathos orgy of political correctness to portray themselves as victims in grave danger as they bullied and assaulted professors other students, these are spoiled rich kids used to getting their way, pitching an unholy fit to get undeserved power over others who disagree.

However obnoxious and unlikable these petty tyrants are or how totalitarian their demands to end free speech and academic freedom, fire and expel all their critics or put social-justice commissars in charge of every university department, they didn’t educate themselves. The students embody, perhaps in a more militant form, what they were taught. The problem isn’t that this year has a random surplus of student radicals, or that sinister racist conspiracies exist in the administrations of our most left-wing universities as protestors claim or that these helicoptered students are all psychologically fragile waifs raised in a culture of self-love and psychodrama. No, the problem is that the system to educate our future leaders tends to inculcate deep hostility and loathing toward their fellow Americans, extolls anti-empirical, witch-hunting dogmatism as a virtue while rewarding narcissism and anti-social aggression in interpersonal relations. This needs to change.

We have built an American anti-Agoge that cultivates values, ethics and habits in future leaders that are politically repulsive in their authoritarian rejection of Constitutional rights and are antithetical to ruling wisely or well. At times they would seem to conflict with a life as a functionally competent human being. Half of all Yale students in this pressure-cooker require at least some mental health counseling. This is an astounding statistic. Imagine if Polybius or Livy had written that half of the sons of the Patrician class were at least slightly mad. A toxic ruling class that is certain that they have been victimized by the citizens they govern and who lack the normal resilience to withstand minor stresses of life without concocting conspiracy theories or taking to their bed is a recipe for disaster. In a liberal democratic state such as ours, dependent as it is on the values of an open society to function politically, this state of affairs is a sign of political decay and creeping oligarchy.

What is to be done?

We did not arrive at this juncture overnight and fixing a fundamentally broken academic culture will take time, but here are a few simple suggestions to start.

  1. Legislation to Secure Academic Freedom, Due Process and Free Speech on Campus:  This will defang the PC bullies, social justice warriors and their allies in university administration by hamstringing their ability to coerce and punish dissent. Obviously, this will be easier in public universities but these provisions could be attached to receiving Federal funds, including guaranteed student loans.
  2. Draconian Reduction of University Administrative Positions relative to Tenured Faculty: This will save a great deal of money better spent elsewhere in by axing bureaucracy while de-funding and disempowering the diversity commissariat on campus that is the source of much illiberal mischief. Again, this is a matter more for state level action initially.
  3. Restore a Core Undergraduate Canon rooted in Real Courses in Real Academic Fields: This will reduce the Melissa Click problem of academic sinecures for full-time radical political activists posing as professors with Fifty Shades of Gray “scholarship”. The money saved by getting rid of an army of administrators in #2 leaves a lot of room to hire mathematicians, biologists, historians, economists, physicists, philosophers and linguists who earned a doctorate in something real.
  4. Require Elite universities Receiving Federal Funds to allocate 20% of their Student Body to Students from Middle-Class, Lower Middle Class and Working Class backgrounds, Geographically Balanced: I have mixed feelings about this in principle, but it would definitely break up the overwhelming UC-UMC Superzip monoculture at our gateway institutions and bring new talent and perspectives into our ruling class that the university administrators at present work extremely hard to systematically exclude. It will also increase social mobility and provide competition for the progeny of our game-rigging “meritocratic” elite.


None of these will usher in a utopia. Much of radical academia will muddle through doing what they have been doing until retirement, but the system itself will be on a trajectory for better health rather than for getting steadily worse.

ISIS: Paganism with an Islamic Face?

Wednesday, October 7th, 2015

[by Mark Safranski, a.k.a “zen“]

“And thou shalt not let any of thy seed pass through the fire to Moloch, neither shalt thou profane the name of thy God: I am the LORD.”

– Leviticus 18:21 

“They rejected the commandments of the Lord … and served Baal. They consigned their sons and daughters to the fire”

– 2 Kings 17:16–17

“And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin”

  – Qur’an 17:31

In a recent comment section conversation with Charles Cameron and RAND scholar David Ronfeldt on the character of Fascism and its resurgence, I remarked that ISIS adopting a Fascist style in its propaganda and governance may be drawing upon a ghastly and ancient lineage:

ISIS is really embracing Fascism. It’s ceremonial public executions actually supercede what the Nazis and Fascists did only symbolically with blood flags and heroic cenotaphs and so on. It is reaching back to something very dark and protean, human sacrifice, as a political symbol. I think [ Moshe] Halbertal’s book On Sacrifice, is a useful reference here on how deep this goes culturally, to the bronze age or earlier.

ISIS has for some time been making quite a perverse spectacle of its executions of prisoners, combatant and non-combatant alike, releasing videos to international fanfare and glorying in the resultant horror and global infamy. The precedent for this macabre “propaganda of the deed“was initially set by the forefather of ISIS, the Jordanian jailbird upjumped to “terrorist mastermind”, the late Abu Musab al-Zarqawi, who originally led al Qaida in Iraq during the American occupation of Iraq. Prior to expiring after U.S. forces dropped a 500 lb bomb on his head, al-Zarqawi pioneered the use of  beheading videos, usually featuring himself being filmed incompetently and gruesomely sawing off an orange jumpsuit-clad captive’s head with a large knife, blood spraying everywhere.

Zarqawi’s ghoulish innovation in terrorist messaging admittedly held a certain fascination for the psychopathic segment of Sunni Islamist extremists and it attracted foreign fighters of this nature to Iraq who in turn lionized Zarqawi as “the Sheikh of Slaughterers”; but the beheading videos also generally horrified public opinion in the Muslim world and repelled even hardened jihadis, earning Zarqawi a rebuke from al Qaida number two, Ayman al-Zawahiri:

….Among the things which the feelings of the Muslim populace who love and support you will never find palatable – also- are the scenes of slaughtering the hostages. You shouldn’t be deceived by the praise of some of the zealous young men and their description of you as the shaykh of the slaughterers, etc. They do not express the general view of the admirer and the supporter of the resistance in Iraq, and of you in particular by the favor and blessing of God.

….However, despite all of this, I say to you: that we are in a battle, and that more than half of this battle is taking place in the battlefield of the media. And that we are in a media battle in a race for the hearts and minds of our Umma. And that however far our capabilities reach, they will never be equal to one thousandth of the capabilities of the kingdom of Satan that is waging war on us. And we can kill the captives by bullet. That would achieve that which is sought after without exposing ourselves to the questions and answering to doubts. We don’t need this. 

Zarqawi’s Iraqi bloodlust ended only because it was interrupted by the American military, but the leaders of ISIS have carried on. Far from accepting Zawahiri’s advice, they have doubled down, greatly upgrading the marketing of ritualistic murder from Zarqawi’s crude snuff films to slick videos with professional editing and high production values that have become central to the online “brand” of the ISIS “caliphate”. Like the hosts of a sinister game show, ISIS spokesmen have found the time to murder creatively in order to keep their audience of Islamist terrorist wannabes in the West tuned in and captivate the attention of the global media (though sometimes, things do not work  out as planned).


However effective this circus of horrors has been at daunting their enemies and attracting the allegiance of “zealous young men” to ISIS, it reveals an atavistic impulse at play that no amount of Quranic hand-waving can paper over and conceal. Jurisprudence is absent here; not even the grim and rough Islamic “justice” of the Taliban is given to prisoners of ISIS, which violates the customary protections given under Islamic law or historical Muslim judicial practices. These choreographed and sensationalized executions by ISIS are really a cryptic revival of the ancient and terrible practice of human sacrifice, that in most cultures and religions had long been replaced by symbolic ritual, but once reigned supreme during the Bronze Age, not least in ancient Iraq, which if new findings are to be believed was like Aztec Mexico, a charnel-house of slaughter.

Originating in the Stone Age, human sacrifice in the religious sense of an offering to the gods or God, lasted a surprisingly long time. Setting aside the preColumbian cultures of the New World, the ancient Romans, for example, did not formally outlaw human sacrifice until the first century BC, though the practice had become archaic and Rome vigorously sought to stamp it out among the Gauls and Britons, among whom human sacrifice was an accepted part of Druidic religion. Nor was human sacifice entirely unknown among the ancient Greeks of the classical period while child sacrifice was probably central to Carthaginian state rites to such a degree that other peoples of the time, including the Romans, found abhorrent.

What occurred in many cases is that as civilizations evolved in social complexity, substitutionary practices for human sacrifice developed that served the same impulse, to propitiate and honor their God(s) and create powerful emotional bonds among the participants:  animal sacrifice, burial ceremoniesmysteries, religious ritual, necromancy, symbolism in theater and political matters of state religion. The Biblical tale of Abraham and Isaac is itself a scriptural admonition to the ancient Hebrews to adopt animal sacrifice as most pleasing to God, a practice the Israelites and Jews of the classical period continued until the destruction of the second temple by the Roman general Titus. From that point on, from the close of the first century AD, Jews and the early, still Judaic, Christians moved away from the practice of animal sacrifice and substituted prayer and theology of salvation, respectively. Sacrifice, especially human sacrifice, became a distinguishing mark of paganism and the subject of Christian crusades in the middle-ages, like the brutal war waged by the Teutonic Knights against the human sacrificing Old Prussians and Lithuanian barbarian tribes.

The Binding of Isaac

The end of late medieval European religious warfare and the rise of the Westphalian system after the Thirty Year’s War slowly shifted the symbolic moral center of sacrifice from God to the State, with divine right monarchy serving as a waystation for the incubation of modern nationalism. There was an epistemic shift, as Halbertal argues in On Sacrifice from a sacred and mystical “sacrificing to” the sovereign God borrowed from the examples of Jewish martyrdom by early Christians who shared in the Romans the same persecutors. This shift opened the gates of permissible sacrifices, legitimating a new secular and political “sacrificing for” the glory of the State.

It is a profound difference but occurring within the same phenomena, as illustrated by two quotes:

…And it came to pass after these things, that God did tempt Abraham, and said unto him, Abraham: and he said, Behold, here I am.

And the Lord said, Take now thy son, thine only son Isaac, whom thou lovest, and get thee into the land of Moriah; and offer him there for a burnt offering upon one of the mountains which I will tell thee of.

                                                                              – Genesis 22:2


….But, in a larger sense, we can not dedicate – we can not consecrate – we can not hallow, this ground – The brave men, living and dead, who struggled here, have hallowed it, far above our poor power to add or detract. The world will little note, nor long remember what we say here; while it can never forget what they did here.

It is rather for us, the living, we here be dedicated to the great task remaining before us – that, from these honored dead we take increased devotion to that cause for which they here, gave the last full measure of devotion – that we here highly resolve these dead shall not have died in vain; that the nation, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth.

     – Abraham Lincoln

Gettysburg and Antietam were not Mount Moriah. Neither were the Somme or Stalingrad the same as the Tophet. From time of the Patriarch Abraham to the presidency of Abraham Lincoln, nations of men ceased to sacrifice usually helpless others but moved to sacrifice themselves in what they reckoned as the highest cause. Movement away from human sacrifice as practiced by ancient Carthaginian or animal sacrifice as practiced by most peoples of antiquity, including the Jews, to gentler substitutionary practices, Moshe Halbertal has called the “cataclysmic shift” in the history of civilization.

If so, it is a shift that ISIS has begun to reverse.

In their outstanding ISIS: The State of Terror, counterterrorism scholars Jessica Stern and J.M. Berger analyze the dark obsession ISIS has demonstrated in its propaganda messaging with exquisitely orchestrated executions:

….As we have noted, ISIS’s psychological warfare is directed at its potential victims. But it is also directed at those it aims to control. It is deliberately attempting to blunt its follower’s empathy by forcing them to participate in or observe acts of brutality. Over time, this can lead to secondary psychopathy, or a desire to harm others, and contagion of violence. Beheadings are one such tool for blunting empathy.

Berger and Stern are likely correct that the methodical character of ISIS demonstrations of brutality are intended to desensitize the participants and (as they further explained) a tendency to cultivate secondary psychopathology in ISIS recruits, especially the young. A similar process occurred during the Holocaust with Nazi Einsatzgruppen and reserve unit police battalions detailed to assist the SS mobile killing squads on the Eastern front. Many serving in these units, already fanatical National Socialists, became inured to the suffering of women, children and the old who were shot and dumped still alive into mass graves, though some SS men showed signs of PTSD, depression and higher rates of severe alcoholism, desertion and suicide.

The comparison between the genocidal cruelty of the SS and ISIS, while natural, is limited by a very important distinction. However zealous their ideological fanaticism and dedicated in their murderous mission to exterminate European Jewry, the SS lacked the context of moral certainty and the psychological reinforcement effects of religious exaltation enjoyed by ISIS killers. Even the malevolent Heinrich Himmler, in his secret speech to Nazi gauleiters and SS leaders, regarded the Final Solution as a terrible burden that the SS shouldered on behalf of the Fuhrer to assure Germany’s future; a “glorious” crime that Himmler believed must be kept forever hidden from history and the German people.

Not so ISIS, which revels in its bloody terror. Worse, the repetition of garish executions as public celebrations by ISIS, with a vague but constant religious context, devoid of any shred of Islamic legality, inevitably acquire over time the theological characteristics of Halbertal’s “sacrificing to”  – what began as harsh jihadi jurisprudence and psychological warfare mutated under conditions of lazy, sociopathic brutality and totemic invocations of Islam into ritual “offering” by ISIS of its prisoners of war as human sacrifices in the manner of the ancient pagans. A perverse blasphemy, but one that draws on a powerful archetype deeply buried in the human psyche.

ISIS leaders have not only looked into the Abyss, they have descended into and become one with it.

Pete Turner on “Collecting Instability”

Friday, June 12th, 2015

[by Mark Safranski, a.k.a. “zen“]

Collection Center Collects Instability

Pete Turner of The Break it Down Show had a powerful post that encapsulated what is wrong with the American approach to intervention in foreign societies, both in terms of our aid and development programs as well as COIN and military assistance of various kinds.

Collection Center Collects Instability 

….A good example of what we did involves things called Collection Centers, which our government built to afford Afghan farmers a place to showcase products to vendors. The Center is supposed to create greater revenue for farmers. Despite the best of intent, and a lot of hard work, the program was and remains an utter disaster.

Why has the program been such a flop?

We, the US, came in and established these centers without ever considering how the existing system worked. We never bothered to determine how changing the system might be accepted or rejected, or cause harm to those we intended to help. We didn’t consider if the Afghans even had a system (which, of course, they did).

Instead of defining the existing system and assessing whether or how our tool might address a need, we just came in and started changing things It didn’t work, and we barely cared that it didn’t; and we reported the opposite.-

An aside–the if you read the report, look for mentions of Afghan involvement in the process. You won’t find it.  

I spoke with an Army Major in charge of the program and asked him about the existing local market chain from grower to consumer. He admitted that he didn’t know about it. When I asked why he was trying to change it, I was met with silence.

We also never considered if we were creating a harmful situation for farmers, and that ignorance caused unexpected and undesirable outcomes. At the most basic level, Taliban fighters notice “western” influence. A farmer who uses (though they never actually did) the collection center is exposing his allegiance with the US and therefore putting his family and himself in jeopardy. Further, the farmer buyer relationship is established relationship. Changing the nature of their transaction is reckless in such a conservative, Taliban influenced place. What we can’t do is create a situation that is perceived to increase uncertainty for farmers.

We built these centers throughout Afghanistan. At every instance, covering multiple units, I observed the same poor US decision-making. We never bothered to involve our Afghan partners in the decisions and never allowed them to guide us on how to work within their system. We forced these centers upon the people of Afghanistan, and wasted more than money and resources in the process. We wasted opportunities to actually improve the lot of the farmer, which makes de-legitimizing the Taliban fighters more challenging.

Read the whole post here.

Turner wore many different hats in Iraq and Afghanistan but in one extended tour in Zabul, Pete worked closely with political science Professor Richard Ledet, who in addition to his scholarly expertise, was uncannily good at donning local attire and blending in with Afghan villagers.

Dr. Richard Ledet

Turner and his partner Jon, interviewed Ledet recently on their program:

What happens when an institution attempts to make changes intending to improve the lot of others? What if they ignore culture and fail to communicate with the people designed to receive a benefit from the change? We address these questions in ourepisode with Dr. Richard Ledet.

We are fans of Rich. He’s a warrior, professor, surfer, hunter, all-around brilliant, rugged dude. His current gig is working as a Poli Sci professor at Troy University in Troy Alabama. Rich and I worked together in Afghanistan studying how effective or “affective” our work was as US assets helping Afghans. It’s not common for Poli Sci professors to get so close to the ground truth, and then to be able to test our policy and strategic programs as they implemented at the lowest level. This experience, we believe, is fascinating and applies directly to the real world.

Listen to the interview here on The Break it Down Show.

Pavers of Roads with Good Intentions: R2P Debate Rising Part II.

Tuesday, February 18th, 2014

As I mentioned previously, I needed to make a more substantive reply to Victor Allen’s claims for R2P.  I am very tardy in doing so, for which I apologize to Mr. Allen but better late than not at all. While addressing some of Victor’s specific points, I want to be very clear that in my view:

1. R2P’s status in international law, despite grandiose claims by advocates, is weakly grounded, highly controversial and conflicts with accepted norms of state sovereignty

2.  The concept of R2P is a covert revival of the pre-WWI sovereign right to  wage aggressive war, albeit (usually) under some kind of collective imprimatur

3,  If regarded as a serious legal moral principle entailing an obligation to act, R2P is inherently anti-strategic, injurious to national interest and anti-democratic in nature

I will tackle point #1 today and points # 2 and #3 in successive posts.

In Victor’s original piece he argued that R2P is part and parcel of a (theoretical) “new sovereignty”:

That R2P does not violate sovereignty stems from the evolution of sovereignty from its Westphalian form in the mid 17th century to the “sovereignty as responsibility” concept advanced by Deng, et al. Modern sovereignty can no longer be held to give states carte blanche in their internal affairs regardless of the level of suffering going on within their borders. This does not diminish state agency for internal affairs, but rather holds them responsible and accountable for their action and inaction regarding the welfare of their populations. 

“Sovereignty as responsibility”  is a theory put forth by a Sudanese diplomat and minor UN bureaucrat and an American academic that proclaimed:

The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies.

The “…and external constituencies” clause is an Orwellian negation of the traditional meaning of sovereignty where the state has sole de jure authority over such matters as their internal affairs, including the political character of their regime,  with very narrow exceptions mandated by treaty or customary international law ( ex. diplomatic immunity of heads of state).  The latter, is based on consent and derives from the history of the diplomatic norms adhered to, interpreted and practiced by sovereigns and such rulings of IGO to whose authority sovereigns have voluntarily submitted themselves through a binding covenant ( ex. World Court via the UN charter).

Of course, being sovereign, states differ on how such rulings are to be interpreted or even whether they will accept jurisdiction of bodies  like the World Court, the ICC or special international  tribunals of justice in specific cases. Furthermore, in signing covenants, states often, quite legally, make reservations or exceptions to specific treaty clauses as part of their agreement to adhere to the rest of the treaty and consider it legally binding.  The United States in fact, does this regularly as do most other states having major interests at stake in negotiating an international agreement. Unless you have a granular knowledge of what country “x” formally agreed to accept as a signatory, or are willing to do your homework in this regard, you do not actually know what the law really is in many diplomatic disputes – especially when the conflict is complex and multilateral.  Broad and bombastic assertions by activists in the media that novel restrictions or obligations on states that they support are “international law” or that some act they condemn is “illegal” are almost invariably factually incorrect, at least to some degree ( barring obvious and clear violations of jus cogens, such as mass atrocities).

Beyond international law based on formal covenants, custom and legal precedents generally accepted by sovereigns, other sources of authority in international law would include resolutions of the UN Security Council, the UN General Assembly, regional bodies like the OAS or EU, some institutions like the ICRC and even the opinions of scholars learned in international law. Unlike positive law within a state, international law in its various manifestations lacks a legitimate, overarching, coercive authority that could function as a global sovereign and impartial enforcer of consistently interpreted law and justice. Sovereign states are thus not subject to international law in the same relationship that their citizens are subject to sovereign authority; sovereign states are, at least legally, a community of equals able to draw upon and interpret overlapping and at times competing sources of legal authority in making claims – including precedents they intentionally created themselves!  This makes a quick redress of violations of international law difficult when the UN Security Council is empowered to make use of military force only in cases of ” international peace and security” (i.e. aggression) and the UN Charter also assures sovereigns of their “right to self defense”.

“New Sovereignty”, in the title of Victor’s first piece, is a concept propagated by the late Harvard theorist and State Department official Abram Chayes and his wife, scholar Antonia Handler Chayes, that repudiates much of traditional sovereignty in order to aggressively re-define it as “ the capacity to participate in international institutions of all types“.  In other words, sovereignty in their view would mean a state’s membership in good standing in  a mutually interdependent ” international community” and not control over national territory free from external interference by other sovereigns. Under “New Sovereignty”, such external interference is assumed as “normal” and is a point of constant, cooperative, negotiation toward consensus on emerging and evolving legal norms. As such, if accepted, “New Sovereignty” would be a massive transfer of political power and legal authority from legitimate national governments to a transnational and international class of legal technocrats and bureaucrats, who would assume by default a managerial role over the substance of international affairs. In many ways this erosion of traditional state sovereignty would be analogous to the transfer of real power from the hands of crowned sovereigns in the early modern period to their embryonic state bureaucracies that in time rendered most monarchs mere ceremonial figureheads.

In my view, while  Chayes had many laudable goals in mind,  “New Sovereignty” would be unworkable in practice and inherently is extremely reactionary in its anti-democratic repudiation of popular sovereignty as the basis for a state’s legitimacy. Citizens of states are effectively reduced to the position of wards under the protection of the international community as national leaders become responsive primarily to “external constituencies” in control of the eternal process of negotiation of international norms. While the problem is somewhat moot for repressive regimes whose citizens enjoy few freedoms anyway, in liberal states the “democratic deficit” produced by such a scheme runs contrary to the very foundations of their political legitimacy and independence.

In this context, we have the claim put forth for the legal basis of R2P by Victor:

 ….Indeed, the UN Security Council, having enshrined R2P in UNSCR 1674, did not subsequently authorize action under the R2P banner in the aftermath of Cyclone Nargis in Burma, with the Special Adviser to the Secretary-General stating in his report that

[i]t would be a misapplication of responsibility to protect principles to apply them at this point to the unfolding tragedy in Myanmar…the Outcome Document of the 2005 [World] Summit limited their application to four crimes and violations: genocide, crimes against humanity, war crimes and ethnic cleansing.

and in his second post:

Here Safranski and I agree on the proper role of theorists, but it wasn’t theorists that adopted R2P as a norm; it was the UN Security Council, as set forth in UNSCR 1674 in 2005, which was later utilized in the Libya intervention authorization (UNSCR 1973). Currently there are no higher authorities on interventions, peacemaking, and peacekeeping than the Security Council, which is surely not composed of academic theorists, but rather high-level diplomats that make moves, and yes, establish law, only on the explicit authorization of their countries. That the Security Council adopted the principles of R2P speaks more to the usefulness and applicability of the concepts than to any academic theorizing thereof.

First, while we should acknowledge that the UNSC resolutions that R2P advocates crow about are not nothing, their importance should not be exaggerated either. They are a precedent, but a very limited one that does not abrogate everything that has come before.

Since the inception of the UN the Security Council has passed over 2200 resolutions, which would put those devoted to R2P at a whopping .0009 %.  Moreover, of the UNSC resolutions passed, many merely take note of an event, express concern or urge restraint; other, more forcefully worded resolutions, dealing with conflict were dead letters from the moment of adoption, being ignored by warring parties exercising their sovereign rights of self-defense. The number of UNSC resolutions that led to effective action of any kind, much less decisive humanitarian military intervention envisioned by more muscular interpretations of R2P, have been few with a mixed track record of success.  Resolutions 1674 and 1973 by the Security Council exist within the much larger context of international law precedents going back centuries, most of which directly contradict the operative assumptions of “New Sovereignty”.

Furthermore, much of the text of Resolution 1674 itself is devoted to caveats reiterating traditional sovereign prerogatives and that protection for civilians occur under established conventions for the law of armed conflict before gingerly endorsing R2P provisions from the 2005 World Summit Outcome Document  of the World Health Organization. The legality of these qualifications and reservations are taken seriously by the member states of the Security Council because without them, 1674 would have never passed, nor 1973 after it ( likely to be the last of its kind for a long while in light of Russian and Chinese vetoes on Syria resolutions, which after Libya are certain to continue).  At best, in international law R2P has managed to secure only a toehold and its definition and application lack agreement (and even acceptance) among the world’s great powers.

R2P is not a secure legal scaffold on which to construct a foreign policy or decide on matters of peace and war.

Adding to the Bookpile

Sunday, February 9th, 2014

[by Mark Safranski, a.k.a. “zen“]

Cultures of War: Pearl Harbor / Hiroshima / 9-11 / Iraq by John Dower 

Berlin Diary: The Journal of a Foreign Correspondent, 1934-1941 by William Shirer

Moral Combat: Good and Evil in World War II by Michael Burleigh 

Picked up a few more books for the antilibrary.

Dower is best known for his prizewinning Embracing Defeat: Japan in the Wake of World War II, which unfortunately, I have never read.  Berlin Diaries I have previously skimmed through for research purposes but I did not own a copy. Shirer’s The Rise and Fall of the Third Reich: A History of Nazi Germany was an immensely bestselling book which nearly everyone interested in WWII reads at some point in time. I would put in a good word for Shirer’s lesser known The Collapse of the Third Republic: An Inquiry into the Fall of France in 1940 . It was a very readable introduction to the deep political schisms of France during the interwar and Vichy years which ( as I am not focused on French history) later made reading Ian Ousby’s Occupation: The Ordeal of France 1940-1944 more profitable.

I am a fan of the vigorous prose of British historian Michael Burleigh, having previously reviewed  Blood and Rage: A Cultural History of Terrorism here and can give a strong recommendation for his The Third Reich: A New History.  Burleigh here is tackling moral choices in war and also conflict at what Colonel John Boyd termed “the moral level of war” in a scenario containing the greatest moral extremes in human history, the Second World War.

The more I try to read, the further behind I fall!

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