zenpundit.com

Received a tremendous amount of feedback on this topic, mostly offline, but also on twitter and on other sites. Interestingly, of the minority who are strongly disagreeing with me, they tend to have their own problems with R2P doctrine. The next installment should be up tomorrow evening. In the meantime, here are a few more posts:

Bruce Kesler at Maggie’s Farm:

R2P: Right To Protect or Right To Preen?

….Neither COIN nor R2P are strategies. Unlike COIN, however, which is a set of tactics that may be applicable in some circumstances in pursuit of strategic goals (even if those goals may be arguable), R2P doesn’t have any operational tactics. R2P is more a clarion call to action, including actions that are contrary to US laws or popular will, in pursuit of internationalist goals for global governing as defined by transnational elites.

Further, R2P is cloaked in humanitarian rhetoric that allows liberal elites to preen, displaying their caring feathers, regardless of their ignorance of the military, regardless of the cost-benefit to US national security, and regardless that it isn’t their children being sent into harm’s way.

Lastly, R2P is reactive, not prescriptive of avoiding future threats to US security as a strategy must be. Much the same coterie who want to raise R2P to dominance over US foreign and military policies are largely dismissive of severely hobbling US allies or hollowing our military.

A brutally succinct assessment. 

Kesler, a veteran of the war in Vietnam and a former foreign policy analyst, is in sync here with many veterans whose experiences have made them skeptical of basing military intervention on grandiose idealism, along with the school of foreign policy realists. On the other hand, Anti-interventionists of all political stripes and backgrounds look askance at the assurance from R2Paternalistic advocates that enshrining R2P is not risky because such military interventions will be “rare” ( myself, I’d just like to see them done competently , in line with a coherent strategy, when the potential benefits significantly outweigh the costs).

Ken White, a respected senior voice at the Small Wars Council had this to say in an extended analysis of R2P in the comments section at SWJ Blog:

…. I’ll note that those whom Zenpundit rightly says will be “fired” will not be those who do the actual Protecting nor will they be the ones who pay the costs of such abject foolishness.

The R2P theory is the tip of an iceberg wherein the State — a State? — has overarching responsibility in all things and individuals have no responsibilities for them selves, indeed, no responsibility other than to act as the State directs. That is indeed monstrous.

In her paper linked by Zenpundit, Dr. Slaughter writes: “States can only govern effectively by actively cooperating with other states and by collectively reserving the power to intervene in other states’ affairs.” The first clause is possibly correct, the second is a road to unending warfare — quite simply, humans will not long tolerate it. I suggest that if that idea is applied to individuals, then I am endowed with the ability to get together with my neighbors and we can attack another neighbor whose only crime is to behave differently than do most of us. My suspicion is that will not work on several levels.

….She also writes: “The principal advantage is that subjecting government institutions directly to international obligations could buttress clean institutions against corrupt ones and rights-respecting institutions against their more oppressive counterparts.” Admirable. My question is what standard is applied to the determination of corruption and oppressiveness? What cultural norms are to be heeded and which are to be ignored? Who makes these determinations? If it is a collective decision, what precludes either mob rule or a ‘might makes right’ led possibly quite wrong determination…

Popular support for R2P may be inverse to the degree of public scrutiny the idea receives.

Part I. 

As I mentioned in my last post, I will be analyzing Anne-Marie Slaughter’s ideas about “Responsibility to Protect“doctrine, based on her Stanford Journal of International Law article, “Sovereignty and Power in a Networked World Order” in a series of posts order to better understand and critique the assumptions on which R2P rests. Before I begin, some caveats:

Reading these posts is no substitute for reading the article yourself and drawing your own conclusions. A truly remarkable paper of some 44 pages of academic prose, a blog review of Dr. Slaughter’s thesis, even in a series, will only be able to focus on her operative premises and not delve into every shade or nuance. Limitation of the medium, but readers are free to disagree or agree in the comments.

Dr. Slaughter is an IR theorist and international lawyer of eminent stature and her style of argumentation reflects both the strengths and the weaknesses of those fields.

On the empirical issue of general, trends in international affairs and conflict, I do not take issue with Dr. Slaughter’s assumptions about the rise of networked non-state actors, greater degrees of uncertainty, complexity and multipolarity among and within states and the systemic erosion of state legitimacy. Indeed, in a broad and fundamental sense, I share them as I think do most people studying irregular conflict, counterinsurgency, 4GW and hybrid wars. I take exception though to the truly radical legal and policy conclusions Slaughter draws from these trends, as well as her normative delight in their trajectory. It as if we both agree that the Westphalian house is on fire, but she is reaching for a jerrycan of gasoline in order to speed the process along.

Finally, in this series I intend to tackle her argument from a thematic perspective, addressing how Slaughter views core philosophical questions of authority, international law, sovereignty, legitimacy and power in inventing a “responsibility to protect” doctrine and what the logical extrapolation of her ideas entails. Slaughter structured her article differently, with these concepts interwoven as she made her case in five sections, with sovereignty being a dominant concept.

The first post will concentrate on Slaughter’s premises regarding the problem facing the international community and her proposed solution:

An excerpt from Dr. Slaughter summarizing her thesis in her introduction:

….Westphalian sovereignty faces two fundamental challenges in contemporary international relations….First, the ineffectiveness challenge….A State’s ability to control its own territory without external interference is no longer sufficient to allow it to govern its people effectively – to provide security, economic stability and a measure of prosperity, clean air and water, and even minimum health standards.

Second, is the interference challenge. The letter of Article 2(7) remain; the spirit is violated repeatedly and increasingly routinely. All of human rights law deliberately infringes on the domestic jurisdiction of every state, denying governments the freedom to torture, murder, “disappear”, or systematically discriminate against their own citizens. Moreover, throughout the the 1990’s the Security Council repeatedly found that the conditions prevailing within a state, from starvation in Somalia to political intimidation and massacre in East Timor, constituted a threat to international peace and security sufficient to require collective armed intervention, and should have made such a determination regarding the genocide in Rwanda. States can no longer assume that if they refrain from interfering in the affairs of other states they will remain free from interference themselves.

….In short, states can no longer govern effectively by being left alone. The converse proposition is equally true, although perhaps more startling: States can only govern effectively by actively cooperating with other states and by collectively reserving their power to intervene in other states’ affairs. The world has indeed turned upside down: small wonder that the concept of sovereignty needs to be redefined!

Startling, is a good description.

Slaughter’s first “fundamental challenge” pivots on an odd usage of the word “effective”. “Effective governance” here is defined by Slaughter as something other than a state’s actual physical control over the territory and population over which it asserts sovereignty. Explicitly, “effective governance” is then defined as the provision of modern public goods, presumably without resort to autarkic policies, as interdependence is one of her themes. 

To be fair to , there’s some merit to Slaughter’s consideration of the provision of public goods. States that face non-state actor challengers like Hezbollah who do fill social needs are thwarting their state opponents at the moral as well as the material level of conflict, winning over their loyalty and eroding the legitimacy of the state. So, if Dr. Slaughter was writing a manual on, say, psychological warfare or insurgency, she would have me on board here.

But, unfortunately, she isn’t. Slaughter is writing an article, ostensibly on international law, and a vague laundry list of economic items, a transient de facto state of public policy, strikes me as a poor foundation for a universal principle of law. By Slaughter’s standard, Mexico which provides public services, is democratically governed and economically  interdependent despite being strangled by a narco-insurgency of atavistic brutality, is “effectively governed”. Lebanon, whose government in is under the hegemony of Hezbollah is “effectively governed”. There’s a subsumed “correct” political economy embedded in the argument here by Slaughter; if a first world state decides to reject carbon footprint taxes, nationalized health care or privatizes it’s mail delivery, is it “ineffectively governed”?

At least the first challenge is relatively straightforward. Slaughter’s second “fundamental challenge” is an exercise in logical acrobatics.

Slaughter is correct that the spirit and at times the letter of international law (actual, real world, international law that has a chance of being followed, not R2P theory) is stretched to justify military intervention. She is also right that Rwanda’s genocide by the then radical Hutu regime constituted a threat to international peace and cried out for intervention, and the failure to do so resulted in not just genocide of the Tutsi people but ultimately an African WWI in the Congo basin. These two factually accurate examples are diametrically opposed to one another, yet somehow, they combine to arrive at the solution of institutionalizing military intervention in international law as a rule and not an exception. They are juxtaposed with the cases of Somalia, where no state, legitimate or otherwise, existed and East Timor, which was a case of de jure military aggression and annexation by Indonesia. The only thread tying all of these disparate examples together is a large pile of dead bodies.

Charnel house examples make for bad law, unless you have to govern a society of cannibals.

Finally, while boldly rejecting international law’s long established definition of sovereignty, Slaughter offers two easily falsifiable assertions, that states can no longer govern effectively by governing alone and that the ever present danger of arbitrary meddling by foreigners is a prerequisite for good governance. If so, Switzerland would be a Hobbesian hellhole today and Central America and the Caribbean islands would resemble tropical Singapores . The omnipresent threat of foreign meddling on religious grounds is what states ran away from screaming after the Thirty Year’s War, which may have killed up to a third of all the people in the Germanies.

Anne-Marie Slaughter proposes to restore that state of affairs on more secular grounds.

Next post – Slaughter on Authority and International Law.

ADDENDUM – Related posts:

Inkspots –R2P is NOT the new COIN, but Ulfelder is just as wrong as Safranski about why*

Fear, Honor and Interest –Geopolitics, Networks, and Complex Friction

Introduction: 

The weirdly astrategic NATO campaign in Libya intervening on the side of ill-defined rebels against the tyrannical rule of Libyan strongman Colonel Moammar Gaddafi brought to general public attention the idea of “Responsibility to Protect” as a putative doctrine for US foreign policy and an alleged aspect of international law. The most vocal public face of R2P, an idea that has floated among liberal internationalist IL academics and NGO activists since the 90’s, was Anne-Marie Slaughter, former Policy Planning Director of the US State Department and an advisor to the Obama administration. Slaughter, writing in The Atlantic, was a passionate advocate of R2P as a “redefinition of sovereignty” and debated her position and underlying IR theory assumptions with critics such as Dan Drezner, Joshua Foust, and Dan Trombly.

In all candor, I found Dr. Slaughter’s thesis to be deeply troubling but the debate itself was insightful and stimulating and Slaughter is to be commended for responding at length to the arguments of her critics. Hopefully, there will be greater and wider debate in the future because, in it’s current policy trajectory, R2P is going to become “the new COIN”.

This is not to say that R2P is a military doctrine, but like the rise of pop-centric COIN, it will be an electrifying idea that has the potential fire the imagination of foreign policy intellectuals, make careers for it’s bureaucratic enthusiasts and act as a substitute for the absence of a coherent American grand strategy. The proponents of R2P (R2Peons?) appear to be in the early stages of following a policy advocacy template set down by the COINdinistas, but their ambitions appear to be far, far greater in scope.

It must be said, that unlike R2P, an abstract theory literally going abroad in search of monsters to destroy, COIN was an adaptive operational and policy response to a very real geopolitical debacle in Iraq, in which the United States was already deeply entrenched. A bevy of military officers, academics, think tank intellectuals, journalists and bloggers – some of them genuinely brilliant – including John Nagl, Kalev Sepp, Con Crane, Jack Keane, David Petraeus, Michèle Flournoy, David Kilcullen, Fred and Kim Kagan, James Mattis, Montgomery McFate, Thomas Ricks, Andrew Exum,  the Small Wars Journal and others articulated, proselytized, reported, blogged and institutionalized a version of counterinsurgency warfare now known as “Pop-centric COIN“, selling it to a very reluctant Bush administration, the US Army and USMC, moderate Congressional Democrats and ultimately to President Barack Obama.

The COIN revival and veneration of counterinsurgent icons like Templer and Galula did not really amount a “strategy”; it was an operational methodology that would reduce friction with Iraqis by co-opting local leaders and, for the Bush administration, provide an absolutely critical political “breathing space” with the American public to reinvent an occupation of Iraq that had descended into Hell. For US commanders in Iraq, adopting COIN doctrine provided “the cover” to ally with the conservative and nationalistic Sunni tribes of the “Anbar Awakening” who had turned violently against al Qaida and foreign Salafist extremists. COIN was not even a good theoretical  model for insurgency in the 21st century, never mind a strategy, but adoption of COIN doctrine as an American political process helped, along with the operational benefits, to avert an outright defeat in Iraq. COIN salvaged the American political will to prosecute the war in Iraq to a tolerable conclusion; meaning that COIN, while imperfect, was “good enough”, which in matters of warfare, suffices.

During this period of time and afterward, a fierce COINdinista vs. COINtra debate unfolded, which I will not summarize here, except to mention that one COINtra point was that COINdinistas, especially those in uniform, were engaged in making, or at least advocating policy. For the military officers among the COINdinistas, this was a charge that stung, largely because it was true. Hurt feelings or no, key COINdinistas dispersed from Leavenworth, CENTCOM and military service to occupy important posts in Washington, to write influential books, op-eds and blogs and establish a think tank “home base” in CNAS. Incidentally, I mean this descriptively and not perjoratively; it is simply what happened in the past five years. The COINDinistas are no longer “insurgents” but are the “establishment”.

R2P is following the same COIN pattern of bureaucratic-political proselytization with the accomplished academic theorist Anne-Marie Slaughter as the “Kilcullen of R2P”. As with David Kilcullen’s theory of insurgency, Slaughter’s ideas about sovereignty and R2P, which have gained traction with the Obama administration and in Europe as premises for policy, need to be taken seriously and examined in depth lest we wake up a decade hence with buyer’s remorse. R2P is not simply a cynical fig leaf for great power intervention in the affairs of failed states and mad dictatorships like Gaddafi’s Libya, R2P is also meant to transform the internal character of great powers that invoke it into something else. That may be the most important aspect and primary purpose of the doctrine and the implications are absolutely profound.

Therefore, I am going to devote a series of posts to analyzing the journal article recommended by Dr. Slaughter, “Sovereignty and Power in a Networked World Order“,  which gives a more robust and precise explanation of her ideas regarding international relations, sovereignty, legitimacy, authority and power at greater length than is possible in her op-eds or Atlantic blog. I strongly recommend that you read it and draw your own conclusions, Slaughter’s argument is, after all, about your future.

ADDENDUM – Related Posts:

Slouching Toward Columbia – Guest post: Civilian Protection Policy, R2P, and the Way Forward

Phronesisaical –Dragging History into R2P

Dart-Throwing Chimp – R2P Is Not the New COIN

Committee of Public Safety –With Outstretched Arm | The Committee of Public Safety

Dr. Robert Bunker testifies before the House Foreign Affairs Subcommittee on the Western Hemisphere on the descent of Mexico into narco-barbarism:

Criminal (Cartel & Gang) Insurgencies in Mexico and the Americas: What you need to know, not what you want to hear.

 ….Something very old historically, and at the same time very new, is thus taking place in Mexico. To use a biological metaphor, we are witnessing ‘cancerous organizational tumors’ forming in Mexico both on its encompassing government and its society at large. These tumors have their roots intertwined throughout that nation and, while initially they were symbiotic in nature (like traditional organized crime organizations), they have mutated to the point that they are slowly killing the host and replacing it with something far different. These criminalized tumors draw their nourishment from an increasingly diverse illicit economy that is growing out of proportion to the limited legitimate revenues sustaining the Mexican state. These tumors do not bode well for the health of Mexico or any of its neighboring states

Hat tip to SWJ Blog.

Adam Elkus has a smart piece up at Rethinking Security that deserves wider readership:

WikiLeaks and Sovereignty

….WikiLeaks represents the idea that states have no inherent authority to hold onto vital national secrets. Because information is fundamentally boundless and unlimited by the “oldthink” of national borders and politics, state control over proprietary information is irrelevant. WikiLeaks and other radical transparency advocates believe that they-an unelected, transnational elite-can pick and choose which states are good and bad and whose secrets deserve exposure. And if information deserves to be free-and the only people who would keep it from being so are those with something to hide-then it is fine for non-state networks to arrogate themselves the right to receive and expose state secrets.

….While WikiLeaks is often positioned as a champion of digital democracy, it is actually wholly anti-democratic. It transfers power and security from national governments and their publics to unelected international activist organizations and bureaucrats. While this may seem like a harsh interpretation, there is no check on the likes of Julian Assange. Governments-even autocratic ones-still must contend on a day-to-day basis with the people. Even China had to face a reckoning after the Wenzhou train crash. WikiLeaks and other radical transparency organizations mean to replace one group of elites-which at least nominally can be called to court-with another who are accountable only to their own consciences.

Read the whole thing here.

Let me add a few comments to Adam’s excellent analysis.

Wikileaks and Julian Assange were not and have never been, lone wolves or information-must-be-free martyrs. They are allied with important institutions and individuals within the Western progressive elite, not least major media heavyweights like The New York Times, The Guardian and Der Spiegel, but also sympathizers within Western governments. Unless you think that Pvt. Bradley Manning was a hacker wunderkind with an intuitive grasp of which files that could be swept up to further a sophisticated political agenda, the man had some inside help from further up the food chain.

Adam is correct to describe these political factions as anti-democratic because they are and while leaking has been going on as long as there have been governments, we now have the emergence of a transnational generational clique that see themselves as entitled to rule and impose policies that comport with their social prejudices, economic self-aggrandizement and ideological fetishes, whether the people support them or not. A vanguard attitude, if not an organizational vanguard.

Wikileaks and other devices operating in shadowy undercurrents are their form of liberum veto against the rest of us in the instances where they are not completely in control, thus migrating political power from responsible state institutions to the social class that currently fills most of the offices and appointments. So far, their actions have been largely cost-free because their peers in government, however irritated they may be at the effects of Wikileaks, are loath to cross the Rubicon and hammer these influential conspirators with whom they went to school, intermarry, do business, live amongst and look out for the careers of each other’s children the way they have hammered Bradley Manning.

The same oligarchical class indulgence is seen in the financial crisis where almost none of the people responsible for massive criminal fraud in the banking and investment  sectors that melted the global economy have faced prosecution, unlike previous financial scandals like the S&L crisis or BCCI where even iconic figures faced grand juries. Instead of indictments, the new class received subsidies, bonuses and sweetheart, secret deals from their alumni chums running central banks and national governments. 

Carl Prine, commenting on a much narrower and wholly American slice of this corrupt camarilla, described this new class very well:

Let me be blunt.  A late Baby Boomer generation of politicians, bankers, reporters and generals has formed into a cancer inside this democracy, and their tumorous leadership won’t be kind to your future.

Unfortunately, this cancer is not limited to our democracy, it is the root of the decline of the West.