zenpundit.com » 21st century

Archive for the ‘21st century’ Category

Sisi followup: two publications of significant interest

Friday, January 16th, 2015

[ by Charles Cameron — SH Nasr’s The Study Quran and the Diyanet collection of ahadith ]
.

Quran & Ahadith

**

In a recent post I quoted President Sisi‘s speech calling for “a revolution” in Islamic thinking about “that corpus of texts and ideas that we have sacralized over the centuries” and which is now “antagonizing the entire world”. I would like to bring your attenbtion here to two publications which may well provide support for such a rethinking: SH Nasr’s The Study Quran and the Diyanet collection of ahadith

**

The Study Quran:

I have seen some of the proofs of this Quran, and it strikes me that once it is published (in Fall this year) it is likely to be the resource of record for anyone lacking in depth Arabic language skills and knowledge of Islamic thought across history. Superb, and very auspiciously timed.

From their prospectus:

In The Study Quran, renowned Islamic scholar Seyyed Hossein Nasr and a team of editors address the deeper spiritual meaning of the Quran, the grammar of difficult passages, legal and ritual teachings, ethics, theology, sacred history, and the place of various passages of the Quran in Muslim life.

For the first time, both Muslims and scholars will have a clear and reliable resource for looking up the history of interpretation for any passage in the Quran—together with a new, accurate English translation.

From the book itself:

The Quran is the constant companion of Muslims in the journey of life. Its verses are the first sounds recited into the ear of the newborn child. It is recited during the marriage ceremony, and its verses are usually the last words that a Muslim hears upon the approach of death. In traditional Islamic society, the sound of the recitation of the Quran was ubiquitous, and it determined the space in which men and women lived their daily lives; this is still true to a large extent in many places even today. As for the Quran as a book, it is found in nearly every Muslim home and is carried or worn in various forms and sizes by men and women for protection as they go about their daily activities. In many parts of the Islamic world it is held up for one to pass under when beginning a journey, and there are still today traditional Islamic cities whose gates contain the Quran, under which everyone entering or exiting the city passes. The Quran is an ever present source of blessing or grace (barakah) deeply experienced by Muslims as permeating all of life.

Inasmuch as the Quran is the central, sacred, revealed reality for Muslims, The Study Quran addresses it as such and does not limit it to a work of merely historical, social, or linguistic interest divorced from its sacred and revealed character. To this end, the focus of The Study Quran is on the Quran’s reception and interpretation within the Muslim intellectual and spiritual tradition, although this does not mean that Muslims are the only intended audience, since the work is meant to be of use to various scholars, teachers, students, and general readers. It is with this Book, whose recitation brings Muslims from Sumatra to Senegal to tears, and not simply with a text important for the study of Semitic philology or the social conditions of first/seventh-century Arabia, that this study deals.

**

The other publishing venture of great interest in this context is Turkey’s Diyanet project for a contemporary selected edition of the Hadith.

Emran El-Badawi, co-director of the newly formed International Qur’anic Studies Association, told the Christian Science Monitor in 2013:

Change is certain to come to the Islamic world, not just to the streets of Cairo or Istanbul but deep within Islam’s religious tradition as well. The Turkish Directorate of Religious Affairs, called the Diyanet, recognizes this with its seven-volume revision of the Hadith – which is the source of Sharia law and second only to the Quran.

Thousands of the prophet’s sayings and traditions were circulated and eventually collected in the centuries after his death in 632. The sheer size of Hadith collections and their archaic 7th century Arabian context have made the texts too intractable for many Muslims today. This is the challenge which the six-year Turkish Hadith project, with its selections and interpretive essays, seeks to overcome.

The central issue surrounding the Hadith, as with other foundational religious works such as the Bible, is whether it should be read literally or in a historical context and for its inspired message. A literal reading, for instance, may seek to justify medieval practices like severing the hands of thieves or allowing underage marriage. An inspired interpretation would see them as historical practices absent the kind of rule of law that democracies like Turkey have today.

The question for Turkey’s new multi-volume set is whether its contemporary interpretations can be widely appreciated by the Islamic community, or whether they will be considered too avant-garde – the fate of previous modern interpretations.

Elie Elhadj, in his post A Turkish Martin Luther: Can Hadith be Revised? on on Joshua Landis‘ Syria Comment blog wrote in 2010:

The Indian Islamic thinker Muhammad Ashraf observed that it is curious that no caliph or companion found the need to collect and write down the Hadith traditions for more than two centuries after the death of the Prophet (Guillaume, Islam, 1990, 165). Ignaz Goldziher concludes “it is not surprising that, among the hotly debated controversial issues of Islam, whether political or doctrinal, there is none in which the champions of the various views are unable to cite a number of traditions, all equipped with imposing Isnads” (Goldziher, Muslim Studies, 1890, Vol. II., 44). John Burton observes, “the ascription of mutually irreconcilable sayings to several contemporaries of the Prophet, or of wholly incompatible declarations to one and the same contemporary, together strain the belief of the modern reader in the authenticity of the reports as a whole” (Burton, An introduction to the Hadith, 1994, xi).

Leaders of Turkey’s Hadith project say successive generations have embellished the text, attributing their political aims to the Prophet Muhammad (BBC, February 26, 2008).

And Tom Heneghan, Religion Editor for Reuters noted in 2013:

The collection is the first by Turkey’s “Ankara School” of theologians who in recent decades have reread Islamic scriptures to extract their timeless religious message from the context of 7th-century Arab culture in which they arose.

Unlike many traditional Muslim scholars, these theologians work in modern university faculties and many have studied abroad to learn how Christians analyse the Bible critically.

They subscribe to what they call “conservative modernity,” a Sunni Islam true to the faith’s core doctrines but without the strictly literal views that ultra-orthodox Muslims have been promoting in other parts of the Islamic world.

As to its likely influence, in Egypt and thus (I infer) on Sisi’s project, Heneghan offers this hint:

“Among intellectuals in Egypt, there is a welcome for this new interpretation which they think is very important for the Arab world to be exposed to,” said Ibrahim Negm, advisor to Egypt’s grand mufti, the highest Islamic legal authority there.

**

I haven’t seen any reference as yet to the preparation of an English translation.

Aircraft Carriers and Maritime Strategy – a debate

Tuesday, January 13th, 2015

[by J. Scott Shipman]

Last Friday night at the U.S. Naval Academy, retired Navy Captain Henry “Jerry” Hendrix and Commander Bryan McGrath debated the future of the aircraft carrier. My wife and I were fortunate to attend. Given the pressure placed on the Navy’s shipbuilding budget, the debate could not have been more timely. Commander McGrath argued the “nuclear aircraft carriers with air wings are the most cost effective and efficient platform to project power in the maritime and littoral realm to support U.S. national security interests in current and future security environments.” Captain Hendrix argued against this resolution. While both arguments hold much merit, I tend to side with Captain Hendrix.

Lots of numbers and statistics were thrown around, but one issue did not enter the debate: it has been 70 years since an aircraft carrier was shot at. The lesson of the Falklands War underscores the potential power of modern precision munitions, and carriers are big targets.

This video is highly recommended. C-SPAN also recorded the debate with a transcript here.

ISIS and the Crisis in American Statecraft

Tuesday, December 30th, 2014

[by Mark Safranski, a.k.a. “zen“]

A Facebook friend with an astute comment pointed me toward this Wall Street Journal article by Joe Rago on the mission of General John Allen, USMC  as “Special Presidential Envoy for the Global Coalition to Counter ISIL”. What is a “Special Presidential Envoy” ?

In diplomatic parlance, a special envoy is an official with full powers (a “plenipotentiary”) to conduct negotiations and conclude agreements, but without the protocol rank of ambassador and the ceremonial duties and customary courtesies. A special envoy could get right down to business without wasting time and were often technical experts or seasoned diplomatic “old hands” whom the foreign interlocuter could trust, or at least respect. These were once common appointments but today less so. A “Special Presidential Envoy” is typically something grander – in theory, a trusted fixer or VIP to act as superambassador , a deal-maker or reader of riot acts on behalf of the POTUS. Think FDR sending Harry Hopkins to Stalin or Nixon sending Kissinger secretly to Mao; more recent and less dramatic examples would be General Anthony Zinni, USMC and former Senate Majority Leader George Mitchell.  

In practice, a presidential special envoy could also be much less, the foreign policy equivalent of a national commission in domestic politics; a place to park thorny, no-win, political headaches the POTUS wants to ignore by creating the illusion of action and get them off the front pages. The position is really whatever the President wishes to make of it and how much power and autonomy he cares to delegate and what, if anything, he wishes the Special Envoy to achieve. Finally, these appointments are also a sign the President does not have much confidence or trust in the bureaucracy of the State Department or DoD, or their respective Secretaries, to carry out the administration’s policy. I wager that this is one of the reasons for General Allen’s appointment.

This means that General Allen is more or less stuck with whatever brief he was given, to color within the lines and make the best uses of any carrots or sticks he was allotted ( in this micromanaging administration, probably very little of either). Why was he chosen? Most likely because the United States sending a warfighting Marine general like Allen ( or a high CIA official) will always concentrate the minds of foreigners, particularly in a region where the US has launched three major wars in a quarter century. If not Allen, it would have been someone similar with similar results because the policy and civilian officials to whom they would report would remain the same.

So if things with ISIS and Iraq/Syria  are going poorly – and my take from the article is that they are – the onus is on a pay grade much higher than General Allen’s.

I will comment on a few sections of the interview, but I suggest reading the article in full:

Inside the War Against Islamic State 

Those calamities were interrupted, and now the first beginnings of a comeback may be emerging against the disorder. Among the architects of the progress so far is John Allen, a four-star Marine Corps general who came out of retirement to lead the global campaign against what he calls “one of the darkest forces that any country has ever had to deal with.”

ISIS are definitely an bunch of evil bastards, and letting them take root unmolested is probably a bad idea. That said, they are not ten feet tall. Does anyone imagine ISIS can beat in a stand-up fight, say, the Iranian Army or the Egyptian Army, much less the IDF or (if we dropped the goofy ROE and micromanaging of company and battalion commanders) the USMC? I don’t. And if we really want Allen as an “architect” , make Allen Combatant Commander of CENTCOM.

Gen. Allen is President Obama ’s “special envoy” to the more than 60 nations and groups that have joined a coalition to defeat Islamic State, and there is now reason for optimism, even if not “wild-eyed optimism,” he said in an interview this month in his austere offices somewhere in the corridors of the State Department

Well, in DC where proximity to power is power, sticking General Allen in some broom closet at State instead of, say, in the White House, in the EOB or at least an office near the Secretary of State is how State Department mandarins and the White House staff signal to foreign partners that the Presidential Special Envoy should not be taken too seriously. It’s an intentional slight to General Allen. Not a good sign.

At the Brussels conference, the 60 international partners dedicated themselves to the defeat of Islamic State—also known as ISIS or ISIL, though Gen. Allen prefers the loose Arabic vernacular, Daesh. They formalized a strategy around five common purposes—the military campaign, disrupting the flow of foreign fighters, counterfinance, humanitarian relief and ideological delegitimization.

The fact that there are sixty (!) “partners” (whatever the hell that means) and ISIS is still running slave markets and beheading children denotes an incredible lack of seriousness here when you consider we beat Nazi Germany, Imperial Japan and Fascist Italy into utter submission in the largest war in the history of the world with barely a third that number.  The best that can be said here is that Allen, in trying to be a herder of cats, got them to graciously agree on letting the US set a reasonable list of open-ended operations and policy priorities.

Gen. Allen cautions that there is hard fighting ahead and victory is difficult to define….

I think my head is going to explode. I’m sure General Allen’s head is too because this means that President Obama and his chief advisers are refusing to define victory by setting a coherent policy and consequently, few of our sixty partners are anxious to do much fighting against ISIS. When you don’t know what victory is and won’t fight, then victory is not hard to define, its impossible to achieve.

At least we are not sending large numbers of troops to fight without defining victory. That would be worse.

Gen. Allen’s assignment is diplomatic; “I just happen to be a general,” he says. He acts as strategist, broker, mediator, fixer and deal-maker across the large and often fractious coalition, managing relationships and organizing the multi-front campaign. “As you can imagine,” he says, “it’s like three-dimensional chess sometimes.”

Or its a sign that our civilian leaders and the bureaucracies they manage are dysfunctional, cynical and incompetent at foreign policy and strategy. But perhaps General Allen will pull off a miracle without armies, authorities or resources.

Unlike its antecedent al Qaeda in Iraq, Islamic State is something new, “a truly unparalleled threat to the region that we have not seen before.” Al Qaeda in Iraq “did not have the organizational depth, they didn’t have the cohesion that Daesh has exhibited in so many places.” The group has seized territory, dominated population centers and become self-financing—“they’re even talking about generating their own currency.”

But the major difference is that “we’re not just fighting a force, you know, we’re fighting an idea,” Gen. Allen says. Islamic State has created an “image that it is not just an extremist organization, not just a violent terrorist organization, but an image that it is an Islamic proto-state, in essence, the Islamic caliphate.” It is an “image of invincibility and image of an advocate on behalf of the faith of Islam.”

This ideology has proved to be a powerful recruiting engine, especially internationally. About 18,000 foreign nationals have traveled to fight in Iraq or the Syria war, some of them Uighurs or Chechens but many from Western countries like the U.K., Belgium, Australia and the U.S. About 10,000 have joined Islamic State, Gen. Allen says.

“Often these guys have got no military qualifications whatsoever,” he continues. “They just came to the battlefield to be part of something that they found attractive or interesting. So they’re most often the suicide bombers. They are the ones who have undertaken the most horrendous depredations against the local populations. They don’t come out of the Arab world. . . . They don’t have an association with a local population. So doing what people have done to those populations is easier for a foreign fighter.”

Except for the “never seen before” part – we have in fact seen this phenomena in the Islamic world many times before, starting with the Khawarijites, of whom ISIS are just the most recent iteration – this is all largely true.

ISIS, for all its foul brigandage, religious mummery and crypto-Mahdist nonsense is a competent adversary that understands how to connect  in strategy its military operations on the ground with symbolic actions at the moral level of war. Fighting at the moral level of war does not always imply (though it often does) that your side is morally good. Sadly, terror and atrocities under some circumstances can be morally compelling to onlookers and not merely repellent. In a twisted way, there’s a “burning the boats” effect in openly and gleefully committing horrific crimes that will unify and reinforce your own side while daunting your enemies and impressing onlookers with your strength and ruthlessness. Men flocked to Spain to fight for Fascism and Communism. A remarkable 60% of the Nazi Waffen-SS were foreigners, most of whom were volunteers. Ample numbers of Western left-wing intellectuals were abject apologists not only for Stalin and Mao but the Khmer Rouge during the height of its genocide. ISIS atrocities and horror are likewise political crack for certain kinds of minds.

The problem is that none of this should be a surprise to American leaders, if they took their responsibilities seriously.

William Lind and Martin van Creveld were writing about state decline and fourth generation warfare twenty five years ago. We have debated 4Gw, hybrid war, complex war, LIC, terrorism, insurgency, failed states, criminal insurgency and terms more obscure in earnest for over a decade and have wrestled with irregular warfare since John F. Kennedy was president. Yet the USG is no closer to effective policy solutions for irregular threats in 2014 than we were in 1964.

A more hopeful sign is that the new Iraqi government is more stable and multiconfessional after the autocratic sectarian rule of Prime Minister Nouri al-Maliki. His replacement, Haider al-Abadi, has been “very clear that the future of Iraq is for all Iraqis,” Sunni, Shiite and Kurd. He has restored relations with Middle Eastern neighbors and believes in the “devolution of power” across Iraq’s regions, Gen. Allen says. “Maliki believed in the centralization of power.”

So did we. Maliki and Hamid Karzai were originally our creatures. There was at least a bad tradition of centralization in Iraq, but we imposed it in Afghanistan ex nihilo because it suited our bureaucratic convenience and, to be frank, the big government technocratic political beliefs of the kinds of people who become foreign service officers, national security wonks, military officers and NGO workers. Unfortunately, centralization didn’t much suit the Afghans.

Critics of the Obama administration’s Islamic State response argue that the campaign has been too slow and improvisational. In particular, they argue that there is one Iraqi-Syrian theater and thus that Islamic State cannot be contained or defeated in Iraq alone. Without a coherent answer to the Bashar Assad regime, the contagion from this terror haven will continue to spill over.

Gen. Allen argues that the rebels cannot remove Assad from power, and coalition members are “broadly in agreement that Syria cannot be solved by military means. . . . The only rational way to do this is a political outcome, the process of which should be developed through a political-diplomatic track. And at the end of that process, as far as the U.S. is concerned, there is no Bashar al-Assad, he is gone.”

Except without brute force or a willingness to make any significant concessions to the states that back the Assad regime this will never happen. What possible incentive would Assad have to cooperate in his own political (followed by physical) demise?  Our Washington insiders believe that you can refuse to both bargain or fight but still get your way because most of them are originally lawyers and MBAs who are used to prevailing at home by manipulation, deception, secret back room deals and rigged procedures. That works less well in the wider world which rests, under a thin veneer of international law, on the dynamic of Hobbesian political violence.

As ISIS has demonstrated, I might add.

The war against Islamic State will go on long after he returns to private life, Gen. Allen predicts. “We can attack Daesh kinetically, we can constrain it financially, we can solve the human suffering associated with the refugees, but as long as the idea of Daesh remains intact, they have yet to be defeated,” he says. The “conflict-termination aspect of the strategy,” as he puts it, is to “delegitimize Daesh, expose it for what it really is.”

This specific campaign, against this specific enemy, he continues, belongs to a larger intellectual, religious and political movement, what he describes as “the rescue of Islam.” He explains that “I understand the challenges that the Arabs face now in trying to deal with Daesh as an entity, as a clear threat to their states and to their people, but also the threat that Daesh is to their faith.”

While Iraqi and Iranian Shia have ample existentiall motive to fight ISIS. Sunni Muslims find ISIS brutality pretty tolerable, so long as it is far away from them personally and furthermore ISIS religious-theological lunacy is not terribly far removed from the extreme Salafi-Wahhabi version preached and globally proselytized by our good friends, the House of Saud – or exported violently by our other good friends, the Pakistani Army.  Or at least Sunni Muslims are not bothered enough yet by ISIS to pick up arms and fight.

General Allen is doing his best at a herculean task, but American statecraft is broken and seduced by a political culture vested in magical thinking.

New Book: American Spartan by Ann Scott Tyson

Tuesday, March 11th, 2014

[by Mark Safranski, a.k.a. “zen“]

American Spartan: The Promise, the Mission, and the Betrayal of Special Forces Major Jim Gant by Ann Scott Tyson 

Was just sent a review copy of American Spartan courtesy of Callie at  Oettinger & Associates which tells the story of Major Jim Gant, the special forces officer and AfPak hand who pushed hard for a controversial strategy in Afghanistan based on arming and training loyalist paramilitaries out of Afghan tribesmen ( or whatever localist network would suffice when tribal identity was weak or absent). I am looking forward to reading this book for a number of reasons.

Long time readers may recall Gant coming to wider attention with his paper, One Tribe at a Time with an assist from noted author Steven Pressfield, where he called for a campaign strategy against the Taliban from “the bottom up” using “the tribes” because the current top down strategy of killing insurgents while building a strong, centralized, state would never work – the war would just drag on indefinitely until the US grew tired and quit Afghanistan ( as is happening….now). Gant, who forged a tight relationship with Afghan tribal leader  Noor Azfal ,won some fans with his paper in very high places, including SECDEF Robert Gates and Generals Stanley McChrystal and David Petraeus who gave him some cover to implement his ideas but he also faced formidable resistance and criticism. Academic experts were particularly incensed by Gant’s broad-brush use of “tribes” to cover a wide array of local networks and Afghan identities and that “tribes” were a term modern anthropology held in deep disdain ( RAND’s David Ronfeldt pointed out that while these networks are not historical tribes they are certainly “tribal” in terms of behavior patterns) while the government of Mohammed Karzai and its American boosters were bitterly hostile to any strategy that might arm locals outside Kabul’s direct control.

  It was also a risky strategy. Loyalist paramilitaries are often very effective in a military sense – as happened in Colombia when the government tolerated and encouraged private militias to make war on FARC and the ELN and badly mauled the Communist insurgents – but they are inherently unreliable politically. Paramilitaries can also  “go off the reservation” – this also happened in Colombia – and commit atrocities or become criminal enterprises or engage in warlordism and have to be reined in by the government. All of these were particular risks in the context of Afghanistan where warlordism and drug trafficking had been particularly acute problems even under Taliban rule. On the other hand, warlordism and drug trafficking has hardly been unknown in the ANA regular units and national police and is hardly the province only of irregulars.

Another reason I am interested in this book is the subtitle’s accusation of “betrayal” which I infer comes out of the long institutional cultural and chain of command clashes of bureaucratic politics between Big Army and Special Forces and Special Operations Forces communities. The long history in the big picture is that many general purpose force commanders do not know how to use these troops to best strategic effect and sometimes resent the autonomy with which they operate ( a resentment returned and repaid  at times with a lack of consultation and ignoring of local priorities in operational planning).

The author, Ann Scott Tyson is a long-time and experienced war reporter who embedded extensively with US troops in Afghanistan and Iraq. She is also married to her subject which should make for some interesting analysis when I review the book.

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.


Switch to our mobile site