A Just Response (Page 2)

By Richard Falk

This article appeared in the October 8, 2001 edition of The Nation.

September 20, 2001

And then came September 11, and an immediate realization in Washington that the overwhelming priority of its foreign policy now rests upon soliciting precisely the sort of cooperative international framework it worked so hard to throw into the nearest garbage bin. Only time will tell whether such a realization goes deeper than a mobilization of support for global war. Unlike the Gulf War and the Kosovo War, which were rapidly carried to their completion by military means, a struggle against global terrorism even in its narrowest sense would require the most intense forms of intergovernmental cooperation ever experienced in the history of international relations. The diplomacy needed to receive this cooperation might set some useful restraints on the current US impulse to use force excessively and irresponsibly.

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A root question underlying the US response is the manner in which it deals with the United Nations. There is reportedly a debate within the Bush Administration between those hardliners who believe that the United States should claim control over the response by invoking the international-law doctrine of "the inherent right of self-defense" and those more diplomatically inclined, who favor seeking a mandate from the Security Council to act in collective self-defense. Among the initiatives being discussed in the search for meaningful responses is the establishment through UN authority of a special tribunal entrusted with the prosecution of those indicted for the crime of international terrorism, possibly commencing with the apprehension and trial of Osama bin Laden. Such reliance on the rule of law would be a major step in seeking to make the struggle against terrorism enjoy the genuine support of the entire organized international community.

It must be understood that the huge challenge posed by the attacks can be met effectively only by establishing the greatest possible distance between the perpetrators and those who are acting on behalf of their victims. And what is the content of this distance? An unconditional respect for the sacredness of life and the dignity of the individual. One of the undoubted difficulties in the weeks and months ahead will be to assuage the bloodthirst that has accompanied the mobilization for war while satisfying the rest of the world that the United States is acting in a manner that displays respect for civilian innocence and human solidarity. A slightly related challenge, but with deeper implications, is the need to avoid seeming to exempt state violence from moral and legal limitations, while insisting that such limitations apply to the violence of the terrorists. Such a double standard will damage the indispensable effort to draw a credible distinction between the criminality of the attack and the legitimacy of the retaliation.

There are contradictory ways to address the atrocities of September 11. The prevailing mood is to invoke the metaphor of cancer and to preach military surgery of a complex and globe-girdling character that must be elevated to the status of a world war, and that bears comparison with World Wars I and II; the alternative, which I believe is far more accurate as diagnosis and cure, is to rely on the metaphor of an iceberg. The attack on America was the tip of an iceberg, the submerged portions being the mass of humanity that is not sharing in the fruits of modernity, but finds itself under the heel of US economic, military, cultural and diplomatic power. To eliminate the visible tip of the iceberg of discontent and resentment may bring us a momentary catharsis, but it will at best create an illusion of victory. What must be done is to extend a commitment to the sacredness of life to the entire human family--in effect, joining in a collective effort to achieve what might be called "humane globalization."

The Israel/Palestine conflict, its concreteness and persistence, is part of this new global reality. All sides acknowledge its relevance, but the contradictory narratives deform our understanding in serious respects. Israel itself has seized the occasion to drop any pretense of sensitivity to international criticism or calls for restraint in its occupation of the Palestinian territories. Israeli spokespersons have been active in spreading the word that now America and the world should appreciate the adversaries Israel has faced for decades, and should learn from Israel's efforts to control and destroy its terrorist enemies. In contrast, those supporting Palestinian rights argue that the kinds of violence generated by Israeli oppression and Israel's refusal to uphold international law and human rights give rise to a politics of desperation that includes savage attacks on Israeli civilian society. They argue that giving a suppressed people the choice between terrorism and surrender is abusive, as well as dangerous.

On the deepest level, the high-tech dominance achieved by US power, so vividly expressed in the pride associated with "zero casualties" in the 1999 NATO war over Kosovo, is giving to the peoples of the world a similar kind of choice between poverty and subjugation, on the one hand, and vindictive violence, on the other.

Is our civil society robust enough to deliver a just response in some effective form? We cannot know, but we must try, especially if we value the benefits of discussion and debate as integral to the health of democracy. Such an imperative seems particularly urgent because of the vacuum at the top. There has been, in these terrible days of grieving for what has been lost, no indication of the sort of political, moral and spiritual imagination that might begin to help us better cope with this catastrophe. We should not fool ourselves by blaming George W. Bush or Republicans. The Democratic Party and its leaders have shown no willingness or capacity to think any differently about what has occurred and what to do about it. Mainstream TV has apparently seen its role as a war-mobilizing and patrioteering mechanism, with no interest in including alternative voices and interpretations. The same tired icons of the establishment have been awakened once more to do the journeyman work of constructing a national consensus in favor of all-out war, a recipe for spreading chaos around the world and bringing discredit to ourselves.

We are poised on the brink of a global, intercivilizational war without battlefields and borders, a war seemingly declared against the enigmatic and elusive, solitary figure of Osama bin Laden, stalking remote mountainous Afghanistan while masterminding a holy war against a mighty superpower. To the extent that this portrayal is accurate it underscores the collapse of a world order based on relations among sovereign territorial states. But it also suggests that the idea of national security in a world of states is obsolete, and that the only viable security is what is being called these days "human security." Yet the news has not reached Washington, or for that matter the other capitals of the world. Instead there is the conviction that missile defense shields, space weaponry and grand antiterrorist coalitions can keep the barbarians at bay. In fact, this conviction has turned into a frenzy in the aftermath of the attacks, giving us reason to fear the response almost as much as the initial, traumatizing provocations. As the sun sets on a world of states, its militarism appears ready to burn more brightly than ever.

About Richard Falk

Richard Falk is professor emeritus of international law and practice at Princeton University. His latest book is The Costs of War: International Law, the UN, and World Order After Iraq. more...
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