The New Bush Doctrine (Page 2)

By Richard Falk

This article appeared in the July 15, 2002 edition of The Nation.

June 27, 2002

Postmodernity refers here to preoccupations that can no longer be reduced to territorial dimensions. This contrasts with "modernity," born internationally in 1648 at the Peace of Westphalia with the emergence of the secular sovereign state, and a world politics that could be understood by reference to territorial ambitions and defense. For Osama bin Laden, the focus has been on nonterritorial empowerment via mega-terrorism, with the vision of an Islamic umma replacing the modern, Western-inspired structure of distinct sovereign states. For George W. Bush, the emphasis has been on carrying the retaliatory war to the networked enemy concealed in some sixty countries, and on declaring war against all those nonstate forces around the world.

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To respond to the threat of mega-terrorism does require some stretching of international law to accommodate the reasonable security needs of sovereign states. Prior cross-border military reactions to transnational terrorism over the years by the United States, India, Israel and others were generally tolerated by the UN and international public opinion because they seemed proportionate and necessary in relation to the threats posed, and the use of force relied upon was in its essence reactive, not anticipatory. International law was bent to serve these practical imperatives of security, but not broken. But the Bush doctrine of pre-emption goes much further, encroaching on highly dangerous terrain. It claims a right to abandon rules of restraint and of law patiently developed over the course of centuries, rules governing the use of force in relation to territorial states, not networks.

To propose abandoning the core legal restraint on international force in relations among states is to misread the challenge of September 11. It permits states to use force nondefensively against their enemies, thereby creating a terrible precedent. There is every reason to think that containment and deterrence remain effective ways to approach a state that threatens unwarranted expansion. There is no evidence to suggest that Iraq cannot be deterred, and its pattern of behavior in relation to its war against Iran in the 1980s, as well as its conquest and annexation of Kuwait in 1990, were based on a rational calculation of gains that, when proved incorrect, led to a reversal of policy. Brutal and oppressive as the regime in Iraq is, it was accepted until 1990 as a geopolitical ally of sorts. As a state, it acts and behaves normally, that is, by weighing benefits and costs. It is surrounded and threatened by superior force, and any attempt to lash out at neighbors or others would almost certainly result in its immediate and total destruction. There is no reason whatsoever to think that deterrence and containment would not succeed, even should Baghdad manage to acquire biological, chemical or nuclear weapons. Deterrence and containment succeeded in relation to the Soviet Union for more than four decades, under far more demanding circumstances.

What is at stake with pre-emption, as tied to the "axis of evil" imagery, is more hidden and sinister. What is feared in Washington, I think, is not aggressive moves by these countries but their acquisition of weapons of mass destruction that might give them a deterrent capability with respect to the United States and other nations. Since the end of the cold war the United States has enjoyed the luxury of being undeterred in world politics. It is this circumstance that makes Bush's "unilateralism" particularly disturbing to other countries, and it must be understood in relation to the moves of the Pentagon, contained in a report leaked last December, to increase US reliance on nuclear weapons in a variety of strategic circumstances. At West Point, Bush declared with moral fervor that "our enemies...have been caught seeking these terrible weapons." It never occurs to our leaders that these weapons are no less terrible when in the hands of the United States, especially when their use is explicitly contemplated as a sensible policy option. There is every reason for others to fear that when the United States is undeterred it will again become subject to "the Hiroshima temptation," in which it might threaten and use such weapons in the absence of any prospect of retaliation.

Bush goes further, combining empire with utopia, reminding his West Point audience that "the twentieth century ended with a single surviving model of human progress based on nonnegotiable demands of human dignity, the rule of law, limits on the power of the state, respect for women and private property, and free speech and equal justice and religious tolerance." The clear intention is to suggest that America is the embodiment of this model. And while Bush does concede that "America cannot impose this vision," he does propose that it "can support and reward governments that make the right choices for their own people," and presumably punish those that don't. Not only does the United States claim the right to global dominance but it also professes to have the final answers for societal well-being, seeming to forget its homeless, its crowded and expanding prisons, its urban blight and countless other domestic reminders that ours may not be the best of all possible worlds, and especially not for all possible peoples.

About Richard Falk

Richard Falk, professor emeritus of international law and practice at Princeton University, is the United Nations Human Rights Rapporteur in the Occupied Territories and a member of the Nation editorial board. He is the author of many books, including The Costs of War: International Law, the UN, and World Order After Iraq. more...
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