Category: International law

Two forms of lethal polarization: Egypt and Turkey

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By Richard Falk

There is a temptation to suggest that political life in Turkey and Egypt are both being victimized by a similar deepening of polarization between Islamic and secular orientations, and to some extent this is true, but it is also misleading. Turkey continues to be victimized by such a polarization, especially during the eleven years that the Justice & Development Party (AKP) has governed the country, and arguably more so in the last period.

In Egypt, so describing the polarization is far less descriptive of the far more lethal form of unfolding that its political cleavage has taken. It has become an overt struggle for the control of the political destiny of the country being waged between the Egyptian armed forces and the Muslim Brotherhood, the two organized political forces capable of projecting their influence throughout the entire country, including rural areas. This bitter struggle in Egypt engages religious orientations on both sides, and even the military leadership and upper echelons of the armed forces are observant Muslims, and in some cases extremely devout adherents of Salafi belief and practice.

In effect, at this point, there is not a distinctly secular side that can be associated with post-coup Egyptian leadership under the caretaker aegis of the armed forces, although clearly most of the liberal secular urban elite and many of the left activists sided with the military moves, at least initially. Recent reports suggest more and more defections, although the price for making such a change of heart public can be high. Read More »

Post-intervention Libya: A militia state

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By Richard Falk

Two apparently related and revealing incidents have turned public attention briefly back to Libya just after the second anniversary of the NATO intervention that helped anti-Qaddafi rebel forces overthrow his regime. The first incident involved the infringement of Libyan sovereignty by an American special forces operation that seized the alleged al Qaeda operative, Abu Anas al-Libi (also known as Nizah Abdul Hamed al-Ruqai), on October 5, supposedly with the knowledge and consent of the Libyan government.

The second incident, evidently a response to the first seizure, was the kidnapping a few days later of the country’s prime minister, Ali Zeidan, while he lay asleep in his hotel lodgings in the center of Tripoli. He was easily captured by a squadron of 20 militia gunmen who arrived at the hotel around 2:00 am and proceeded without resistance from security guards to carry off the head of the Libyan state. Such a bold assault on the state’s essential character as the sole purveyor of legitimate violence (according to the famous conception of Max Weber) is a telltale sign of a political system of shadow governance, that is, without security.

The capture of Ali Zeidan was reportedly prompted both by anger at the government’s impotence in the face of such an overt violation of Libyan sovereignty by the United States, as well as serving to warn the political leadership of the country that any further effort to disarm militias would be resisted. Read More »

Israel’s politics of fragmentation

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By Richard Falk

Background

If the politics of deflection exhibit the outward reach of Israel’s grand strategy of territorial expansionism and regional hegemony, the politics of fragmentation serves Israel’s inward moves designed to weaken Palestinian resistance, induce despair, and de facto surrender. In fundamental respects deflection is an unwitting enabler of fragmentation, but it is also its twin or complement.

The British were particularly adept in facilitating their colonial project all over the world by a variety of divide and rule tactics, which almost everywhere haunted anti-colonial movements, frequently producing lethal forms of post-colonial partition as in India, Cyprus, Ireland, Malaya, and of course, Palestine, and deadly ethnic strife elsewhere as in Nigeria, Kenya, Myanmar, Rwanda. Each of these national partitions and post-colonial traumas has produced severe tension and long lasting hostility and struggle, although each takes a distinctive form due to variations from country to country of power, vision, geography, resources, history, geopolitics, leadership.

An additional British colonial practice and legacy was embodied in a series of vicious settler colonial movements that succeeded in effectively eliminating or marginalizing resistance by indigenous populations as in Australia, Canada, the United States, and somewhat less so in New Zealand, and eventually failing politically in South Africa and Namibia, but only after decades of barbarous racism.

In Palestine the key move was the Balfour Declaration, Read More »

Why doesn’t the US implement its treaties?

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By Jonathan Power

The US Senate – usually the Republican members – reject multilateral treaties as if it were a sport. Others it rejects through inaction – the Law of the Sea Treaty, for example, negotiated under President Jimmy Carter and fruitlessly pushed for ratification by every president since. Republicans justify their blocking tactics by arguing that such treaties are a threat to sovereignty.

However, after almighty struggles – it takes only one third of the Senate to block a treaty – the important nuclear arms’ treaties with the Soviet Union and Russia – were ratified. So was the Convention against Torture which Republican president, Ronald Reagan, successfully fought for but which President George Bush junior illegally ignored, without a word of protest from Congress or the press. His vice-president, Dick Cheney, became torturer-in-chief and should have been arrested by the incoming Obama Administration. But Obama, wanting a peaceful life with Congress for the sake of future legislation, decided not to prosecute the torturers.

On Monday this week Syria joined the Chemical Weapons Treaty that the US has long been a party to.Read More »

Criminalize war!

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By Johan Galtung

Nobody has brought this simple message to the world like the Perdana Global Peace Foundation in Kuala Lumpur, Malaysia. As the leader, Mahathir Mohammad, Malaysia’s fourth prime minister says:

“Peace for us simply means the absence of war. We must never be deflected from this simple objective”.

So they organize compelling exhibitions and conferences to highlight the atrocities and horrors of war, starting with World War I, often in cooperation with Muhammadiyah Yogyakarta University in Indonesia. A very clear message from the Southeastern part of the world to the Northwestern part: Stop It! All your rules of war add up to its legitimation; wars get ever worse as measured by the percentage of non-combatant, civilian casualties; from about 10 percent in World War I to 90 percent in the Vietnam and other wars at the end of the 20th century. They dare refer to crimes as “unintended consequences”, “collateral damage”.

Take Norway, a “peace nation”, as example; not the USA an Israel with their gods, the idea of being chosen, and exceptionalism. See what Norway does against the spirit of UNSC-United Nations Security Council Resolution 1973 to protect civilians, promote cease-fire and mediate a political solution in Libya. And against the UN Charter Article 2 outlawing war.

According to testimony by pilots on the Norwegian Broadcasting Corporation “Brennpunkt” (In Focus), 25 percent of the bombing was planned with goals selected in advance. Read More »

Israel’s politics of deflection: Theory and practice

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By Richard Falk

General Observations

During my period as the UN Special Rapporteur for Human Rights in Palestine on behalf of the Human Rights Council I have been struck by the persistent efforts of Israel and its strong civil society adjuncts to divert attention from the substance of Palestinian grievances or the consideration of the respective rights of Israel and Palestine under international law. I have also observed that many, but by not means all, of those who represent the Palestinians seem strangely reluctant to focus on substance or to take full advantage of opportunities to use UN mechanisms to challenge Israel on the terrain of international law and morality.

This Palestinian reluctance is more baffling than are the Israeli diversionary tactics. It seems clear that international law supports Palestinian claims on the major issues in contention: borders, refugees, Jerusalem, settlements, resources (water, land), statehood, and human rights. Then why not insist on resolving the conflict by reference to international law with such modifications as seem mutually beneficial?

Of course, those representing the Palestinians in international venues are aware of these opportunities, and are acting on the basis of considerations that in their view deserve priority. It is disturbing that this passivity on the Palestinian side persists year after year, decade after decade. Read More »

War is not over when it is over – A review

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By Mira Fey

When discussing conflicts and military interventions, the aftermath is neglected by state leaders and the mainstream media. The traumatizing effects of the conflict itself and the following intervention on the civilian population that is supposed to be protected are ignored.

Aside from being in the line of fire and being forced to fight for one of the belligerents, these effects include a mass exodus of refugees, a division of the population into opponents of the intervening force and “collaborators” resulting in persecution and often torture of the latter, and more human rights violations, now by the occupying force.

While men often are the visible victims of forced recruitment, persecution and torture, women, young girls, and children are the silent sufferers. They are subjected to beatings, rapes, and domestic violence from returning tortured husbands trying to regain at least some respect through oppressing the most vulnerable ones.

Ann Jones wants to give these women a voice. (Continue here)

A crisis averted: Now time for serious work to bring peace to the Middle East

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By Farhang Jahanpour

The “framework document” (1) agreed by US Secretary of State John Kerry and Russian Foreign Minister Sergei Lavrov in Geneva on Saturday 14 September has averted an imminent crisis and has provided hope for the eventual resolution of the Syrian civil war by peaceful means. The document stipulates that Syria must provide a full inventory of its stockpile within a week, all production equipment being destroyed by November, and all weapons being removed from Syria or destroyed by mid-2014. This certainly is a positive development compared to the alternative that entailed a military attack on Syria with all its unpredictable consequences.

Both Russia and Iran played the leading role in persuading the Syrian President Bashar Asad to get rid of his chemical weapons. President Barack Obama and President Vladimir Putin welcomed the agreement. China, France, the UK, the UN and NATO have also expressed satisfaction at the agreement. This agreement has clearly a number of winners and losers.

The Winners of the Kerry-Lavrov Agreement

1- Clearly, the greatest winner has been the cause of peace and common sense. In 2007 when running for office, the then candidate Obama said that the President “does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.” (2) Yet now, President Obama was insisting that he had the authority to attack Syria even without Congressional approval. However, a military attack, even if it had received the approval of the Congress, which seemed unlikely, would have been illegal, would have compounded the problems, and would have portrayed the United States as an aggressive country.

The Kerry-Lavrov accord has changed the pattern of behaviorRead More »

Resolving the Syrian chemical weapons crisis: Sunlight and shadows

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By Richard Falk

The Putin Moment

Not only did Vladimir Putin exhibit a new constructive role for Russia in 21st statecraft, spare Syria and the Middle East from another cycle of escalating violence, but he articulated this Kremlin initiative in the form of a direct appeal to the American people. There were reasons to be particularly surprised by this display of Russian diplomacy: not since Nikita Khrushchev helped save the world from experiencing the catastrophe of nuclear war in the Cuban missile crisis of 1962 by backing down and agreeing to a face-saving formula for both superpowers, had Moscow distinguished itself in any positive way with respect to the conduct of international relations.

For Putin to be so forthcoming, without being belligerent, was particularly impressive in view of Obama’s rather ill-considered cancellation only a few weeks ago of a bilateral meeting with the Russian leader because of Washington’s supposed anger at the refusal of the Russian government to turn the NSA whistleblower, Edward Snowden, over to the United States for criminal prosecution under American espionage laws; and finally, considering that Putin has much blood on his hands given past policies pursued in relation to Chechnya and in the autocratic treatment of domestic political opposition, it was hard to expect anything benevolent during his watch.

And so Putin is emerging as a virtual ‘geopolitical black swan,’ making unanticipated moves of such a major characterRead More »