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The End by Sir Ian Kershaw

I am currently reading The End, about the last year of the Third Reich and the Nazi death spiral toward Germany’s absolute destruction. It is a fascinating, mass suicidal, political dynamic that was mirrored to an even greater degree of fanaticism by Nazi Germany’s Axis partner, the Imperial Japanese. Facing the prospect of certain defeat, the Germans with very few exceptions, collectively refused every opportunity to shorten the agony or lighten the consequences of defeat and stubbornly followed their Fuhrer to the uttermost doom. It made no sense then and still does not now, seven decades later.

Adolf Hitler’s personal authority over the life and death of every soul in Germany did not end until his last breath. When surrounded by Soviet armies, trapped in his Fuhrerbunker in the ruin of Berlin, all it took for Hitler to depose his most powerful paladins, Hermann Goering and Heinrich Himmler was a word. They still commanded vast military and paramilitary security forces – Himmler had been put in charge of the Home Army as well as the SS, Gestapo and German police – but when Hitler withdrew his support and condemned them, their power crumbled. Goering, the glittering Nazi Reichsmarchal and second man in the state, was ignominiously arrested.

Even in Gotterdammerung, the Germans remained spellbound, like a man in a trance placing a noose around his own neck.

Currently, the chattering classes of the United States are uneasily working their way toward a possible war with Iran, or at least a confrontation with Teheran over their illegal nuclear weapons program (some people will object that, technically, we are not certain that Iran has a weapons program. This is true. It is also irrelevant to the diplomatic dynamic created by Iran’s nuclear activities which the regime uses to signal regularly to all observers that they could have one).  There is much debate over the rationality of Iran’s rulers and the likely consequences if Iran is permitted to become a nuclear weapons state. There is danger and risk in any potential course of action and predictions are being made, in my humble opinion, far too breezily.

In the run-up to war or negotiation, in dealing with the Iranians and making our strategic calculations, it might be useful to recall the behavior of the Germans.

George Orwell was more right than he knew….

Congress passed a law – by unanimous consent in the Senate and by a suspension of rules in the House – to permit the Federal government to arbitrarily arrest and imprison for up to ten years members of the serf class (formerly known as “American citizens”) whose presence annoys or offends specally designated members of the elite and foreign dignitaries. A list that will no doubt expand greatly in future legislation to include very “special” private citizens.

Think about that, future “Joe the Plumbers” or Cindy Sheehans, before you ask an impertinent question of your betters or wave your handmade cardboard sign. Is ten seconds of glory on your local ABC affiliate news at 5 o’clock worth that felony arrest record and federally funded anal exam?

No? Then kindly shut your mouth, sir. Learn your place.

Two nebbish Representatives, one Republican and one Democrat, distinguished only by their lack of legislative or political importance, sponsored the bill on behalf of the big boys who fast-tracked it under the radar (they learned from the SOPA debacle). Forget ideology or boasts about carrying a copy of the Constitution in the breast pocket of their suit, whether you are in an archconservative Congressional district or an ultraliberal one, almost every member of Congress voted “aye” to trash multiple amendments in the Bill of Rights.

Almost every one.

This is an accelerating trend in recent years and in particular, a bipartisan theme of the 112th Congress, which views Constitutional rights of nobodies as an anachronistic hindrance to the interests (or convenience) of their powerful and wealthy political supporters. Our elected officials and their backers increasingly share an oligarchic class interest that in important matters, trumps the Kabuki partisanship of  FOXnews and MSNBC and inculcates a technocratic admiration for the “efficiency” of select police states.

It is from this demographic-cultural root of incestuous corruption that our creeping – and increasingly creepy – manifestations of authoritarianism in American life springs. The SOPA/PIPA internet censorship bills, naked scanners at airports, Stasi-like expansion of expensively wasteful TSA security theater, proposed 24/7 monitoring of  every American’s online activities, migration of police powers to unaccountable private firms, replacement of elected municipal governments with “emergency managers” (favoring financiers over taxpayers), Federal agencies monitoring political critics , the Department of Justice retro-legalizing corporate racketeering, fraud, perjury and conspiracy on a national scale, plus other infringements of liberty or gross corruption that I could list, ad nauseum.

We have reached the point where we as Americans need to stop, step back from moment by moment fixation on nonsensical, “white noise” fake political issues like “contraception” ginned up to keep the partisans distracted and become seriously involved in determining the direction in which our nation is headed. Our elite are telegraphing their strong preference for a “soft dictatorship” but we still have time to check their ambitions and rein in their looting.

It is almost quaint these days to pick up Friedrich von Hayek’s classic,  The Road to Serfdom and thumb through it. The libertarian antistatists of the 20th century were so focused on the clear and present dangers of totalitarianism that the idea of a weak state that endangered liberty through a mixture of corruption and regulatory capture eluded them. The Westphalian state at it’s apex was so overweening that the enemy of free societies, after foreign monsters like Hitler and Stalin, could be ambitious intellectual pygmies like Harold Laski or Tom Hayden. The state was so omnipotent that even it’s efforts at benevolence, to build a “Great Society” of the Welfare State were injurious to individual freedom because the expanse of statism crowded and weakened civil society , the market and private life. The argument gained political traction because, to varying degrees, it was true and looked prophetic when the Welfare-state began to crash economically in the 1970’s on stagflation.

Give the Welfare-state liberals and Social Democrats of the past their due though, their intentions by their own lights were benign. They wanted to make a safer, more secure, more equal, more just life through a more powerful state (whether that was a good idea or a realistic endeavor was the central political question between right and left). The current elite in comparison is so inferior in moral character and overconfident in their abilities that they may soon make us yearn for the former’s return.

What have now in our ruling class,  are the  builders of a Creepy-state and their intentions are not benign, except toward themselves, for as long as the looting of the American economy can last.

Unlike the Welfare-state, the Creepy-state, shot through with corruption, is  not omnipotent  because it is to be the servant and gendarme of the emerging oligarchy and not their master – but it is to be omniscient and omnipresent, constantly watching, monitoring, investigating, recording, interrogating, coercing, sorting, muzzling, gatekeeping and shearing the sheep on behalf of the shepherds.

Or the wolves.

The Creepy-state is not there to protect you or give you a higher standard of living or ensure justice or democracy, but to maintain a hierarchical public order from “disruption” (formerly known as “politics” or “democracy”). If the classical liberal ideal was the night watchman state, this state is the shadowy and ill-disposed watcher in the night.

The American political elite, Democrat and Republican, Conservative and Liberal, are in are largely in consensus that the government should, in regard to the American people:

Read your email
Listen to your phone calls
Track your movements on GPS
Track your online activity
Track your spending
Track your political activity
Read your medical records
Read your financial records
Scan your body
Scan your house
Scan your DNA
Keep you under video surveillance in public
Detain you at random in public places for security checks
Close off public spaces for private use
Seize private property for private use
Censor your speech
Block your access to judicial relief
Determine your educational and career path
Regulate your diet, place of residence, lifestyle and living standards (ever downwards)
Charge you with secret crimes for breaking secret regulations
Share or leak information about you at will

Is this the America we wish for our children or grandchildren? One that epitomizes the values of our Constitution or Declaration of Independence, or is it some kind of tawdry and shameful dime store fascism of a small Latin American country? Perhaps life is finally imitating fiction?

Fortunately, it is not too late. Irrevocable changes in the constitutional order have yet to be engineered. Our politicians are followers, not leaders here. They are a small and cowardly lot for the most part and will recoil in fear from this authoritarian ethos if a sufficiently large number of elected officials are thrown out of office at once. We can still roll this back – at least the most egregiously anti-American aspects – if we get sufficiently angry come November.

Self-interest is their only lodestone.

Discussion has been emerging in the foreign policy blogosphere of   late  regarding sovereignty and the other day, Afghanistan scholar Antonio Giustozzi opined on coercion, a necessary tool of a state seeking to wield a monopoly of force.

Theory is good and the discussion is an important one with implications for US foreign policy, but it helps when debate is informed by empirical examples from practitioners.  Quesopaper, a blog by  someone out in the field  in Afghanistan has been dormant for a while, but sprang alive again with a timely post:

Rule of Law, The Afghan Springer Show 

….Rule of Law is one of the key aspects to “fixing” Afghanistan. When the Taliban dominated the country, they controlled the “courts.” As Taliban influence waned, the US and partner nations have sought to create a more traditional court system. I can’t speak intelligently on why “WE” decided to create a more western form of law in Afghanistan, but I can say, it’s not the correct approach.

I work in a remote district. It’s over an hour to the main provincial (think state) government center. The difference between the two places is about as extreme as possible. The villages, even the district center (think country govt) lack ANY essential services. There are no plumbing systems, no electricity, no garbage service…nothing. Yet, the people here survive; and dare I say? Thrive.

Like most farming folks, the people here like to be left alone. The people appreciate the Govt–Government of the Islamic Republic of Afghanistan aka “GIRoA”–but they only want so much help. Rule of Law doesn’t fit into their needs.

So, how do rural locals settle disputes?

I just recently worked with a local governor as he negotiated the resolution of a 25 year dispute. Dispute doesn’t really describe what happened…feud is more appropriate. Each side had multiple murders, one family had 1300 fig trees destroyed. Decades of money in dispute. The feud was complicated enough that the Taliban failed to resolve the issue in nearly seven years of negotiations. Negotiations require buy-in from many parties…I could go on about this, but I doubt I can make it any clearer…

Land disputes are among the thorniest local civil society issues in Afghanistan, and one where the generally corrupt and inept Karzai regime draws a particularly poor comparison with the Taliban insurgency’s ability to provide “rough justice” where the richer, more influential party to the dispute does not automatically win through bribery. Land claims are blood issues in peasant-agrarian societies in general and all the worse in honor cultures that tolerate vendettas – that the brutal Taliban could not force a settlement in this case, or did not dare to try – speaks volumes.

….Finally, our district (county govt) governor is called upon to start the process of reconciliation. This BTW is MAJOR progress for the legitimacy of GIRoA. It means the people trust this man to handle this dispute. It might become national news (for Afghanistan) though you will never hear this story on any US network or .com site (except quesopaper.com). After weeks of massaging each side, pulling out their story, commitments (commitment to settle is vital in these things) and “evidence.”

An aside about evidence…in a society that is mostly verbal and illiterate, nearly anything written can become something that it is not…WTF are you talking about Pietro? What I mean is, give someone who can’t read a document. That paper is written in a foreign language, with foreign letters. Tell him its a deed to a piece of land…wait 35 years. Now, tell that man’s grandson that the land he’s been farming for 10 years; that his family has worked for generations, isn’t actually his.

Now he has nothing; he can’t provide for his family. Tell him, his paper is a receipt for a Persian rug, not a deed…explain that he owes the real land owner for the use of that property and revenues generated. Let me know how that goes…if you smell cordite it probably didn’t go to well.

For very poor people who live at the margins of subsistence, the stakes could not be higher, which can make rolling the dice on private violence attractive (this is also why land reform programs are only a short term stopgap in economic development and reform. Agrarian population almost always exceeds arable land and as the plots get smaller, they are less productive).  Dying on your feet with a weapon in hand looks a lot more honorable to a hard-pressed farmer than watching your children waste away from starvation as the other villagers gossip about your plight.

A state with legitimate authority can preempt or suppress such private violence, but is also expected to solve the problem.

….Back to our story…The governor calls in Sharia/Islamic law experts and elders from both tribes and other community elders. Mix that group into a bunch of small rooms and start shifting groups from room to room…hours of discussions (which looks like arguing to me). Don’t forget, this thing hasn’t been settled before, it’s serious business, and here serious business is settled with an AK. At anytime the whole ordeal can melt into violence.

Success is fleeting. I have a gun, no fooling…I’m armed….

Go to quesopaper to find out what happened next. 🙂

Part of the problem is, as quesopaper indicates, our Western framework. We began experimenting with rule of law to settle property claims and commons rights starting, oh, in 14th century England with land enclosures and we did not really finish for good until after Reconstruction in the very late 19th century. That’s 500 years for the “Rule of Law” as we understand it to become the standard for 100 % of the population, 100% of the time.

And along the way, there was blood. Rivers of it. From the Highlands of Scotland, to the piney woods upcountry of Appalachia to the Black Hills and the great Western Range Wars. The gavel of the judge had to be preceded by the soldier’s rifle, the settler’s six shooter, the rebel’s musket and knives used in the dead of night.

Are Afghans in far rural villages closer to a Manhattan attorney or an English tenant whose access to the pasture has been closed off by his noble lord against all custom and ancient right? What quesopaer is seeing is “state building” from scratch, from the bottom up. Slow, painful, difficult to be certain, but more likely to be durable than imported abstractions imposed from the top down.

We are leaving Afghanistan, it is clear. Any state that we leave behind that can resist the Taliban must be able to stand behind and enforce a rule of law as Afghans understand and accept it.

Military theorist John Arqilla offers a provocative piece in Foreign Policy:

The (B)end of History

….How the new pattern will unfold is still unclear, but just as the first nation-states were often tempted to become empires, there may be a pattern in which nations and networks somehow seek to fuse rather than fight. Iran, in its relations with Hezbollah, provides perhaps the best example of a nation embracing and nurturing a network. So much so that, in parsing the 2006 Lebanon war between Israel and Hezbollah, most of the world — and most Israelis — counted it as a win for the network. China, too, has shown a skill and a proclivity for involving itself with networks, whether of hackers, high-sea pirates, or operatives who flow along the many tendrils of the Asian triads’ criminal enterprises. The attraction may be mutual, as nations may feel more empowered with networks in their arsenals and networks may be far more vibrant and resilient when backed by a nation. All this sets the stage for a world that may have 10 al Qaedas operating 10 years from now — many of them in dark alliances with nations — a sure sign that the Cold War–era arms race has given way to a new “organizational race” to build or align with networks.

Can’t say that I disagree with that in big picture terms. Looking long term to 2100, I wrote in Threats in the Age of Obama that the geopolitical position of nation-states would undergo a transformation:

….Nation-states in the 21^st century will face a complex international ecosystem of players rather than just the society of states envisioned by traditional Realpolitik. If the predictions offered by serious thinkers such as Ray Kurzweill, Fred Ikle or John Robb prove true, then  technological breakthroughs will ensure the emergence of “Superempowered Individuals”[1] on a sizable scale in the near future.  At that moment, the reliance of the State
on its’ punitive powers as a weapon of first resort comes to an end.  Superemepowered individuals, separatist groups, insurgents and an “opting-out” citizenry will nibble recalcitrant and unpopular states to death, hollowing them out and transferring their allegiance elsewhere.

While successful states will retain punitive powers, their primary focus will become attracting followers and clients in whom they can generate intense or at least dependable, loyalty and leverage as a networked system to pursue national interests.  This represents a  shift from worldview of enforcement  to one of empowerment, coordination and collaboration. States will be forced to narrow their scope of activity from trying to supervise everything  to  flexibly providing or facilitating core services, platforms, rule-sets and opportunities – critical public goods – that the private sector or social groups cannot easily replicate or replace.  Outside of a vital core of activity, the state becomes an arbiter among the lesser, interdependent, quasi-autonomous, powers to which it is connected. 

Fatboy Kim II

(Photo hat tip to Robert Young Pelton)

Colonel Dave Maxwell, now retired from active duty and working at Georgetown University as Associate Director of the Center for Peace and Security Studies and the Security Studies Program in the School of Foreign Service, is an expert on the esoteric subject of North Korea ( which he habitually writes as “north Korea”) and the idiosyncratic dynastic Communist system he terms “the Kim Family regime”. In the past few years, I can say my knowledge of the DPRK has improved markedly largely from reading Dave’s posts on The Warlord Loop.

SWJ Blog has just published an analysis by Colonel Maxwell on what the demise of Kim Jong-il portends:

The Death of a Dictator: Danger, Opportunity or Best Timing Possible?

….There are two scenarios that are likely to play out within North Korea.  The first scenario depends on the strength and power of Jang Song-taek who, along with his wife and the late Kim Jong-il’s sister, is the de facto “regent” for the young Kim Jong-un.  Has he been able to help Kim Jong-un establish sufficient legitimacy within the Regime and will they be able to consolidate power?  It is very likely that if Kim has sufficient strength and control of the
security apparatus there are very likely arrests and purges taking place even as we try to figure out what is happening. 

The second scenario is that he has not been able to consolidate sufficient power and will be
faced with internal threats from other senior members of the regime who are unwilling to allow a 27 year old four star general rule the party and the military.  If there is a power struggle many scenarios can play out ranging from internal chaos, civil war, and “implosion” to an external “explosion” – e.g., spillover of the effects of chaos and civil war into China and the ROK or the worst case: the desperate execution of the regime’s campaign plan to reunify the peninsula as the only means left to ensure survival of the Kim Family Regime.  Finally, regime collapse will occur when there is the loss of the ability of the regime to centrally govern and the loss of control and support of the military and security apparatus.    We have seen cracks in the system like hairline cracks in a dam.  The recently reported alleged defection of eight armed guards is but one indication of such cracks with water slowly dripping from through the regime’s dam – the question is are those cracks repairable or will they cause the dam to crumble and collapse; unleashing such a torrent on the peninsula that will make 1950-53 look like a minor skirmish in terms of scale of potential conflict and devastation.

Either scenario will ensure the continued suffering of 23 million north Korean people and the second scenario will expand the tragedy to the Republic of Korea and its 46 million citizens and significantly affect the other countries in Northeast Asia as well as have global effects…..

Read the rest here.