News and Features
"Nuclear Safety" by Matt Bivens.
War skeptics such as Richard Gere, Susan Sontag, Rep.
The White House is likely to keep a don't-rock-the-boat Congress in the dark.
It's been three years since Gen. Augusto Pinochet was detained in London under the European Anti-Terrorism Convention for crimes that included terrorist atrocities. If George W. Bush is serious about directing "every resource at our command" to defeating terrorism, Peter Kornbluh of the National Security Archive reminds us, there's one relatively easy step he can take: Indict the former Chilean dictator.
General Pinochet, whose rise to power with US support in 1973 first marked September 11 as a bloody day in history, is responsible for what was considered until that hijacked jet rammed the Pentagon as the most infamous act of political terrorism committed in our nation's capital--the September 21, 1976, car-bombing murders of Orlando Letelier and Ronni Moffitt. Janet Reno's Justice Department concluded as much after reopening an investigation into his culpability in 1998, sending a team of FBI agents to Chile and reviewing hundreds of still top-secret intelligence reports. But Attorney General John Ashcroft's Justice Department, which inherited the all-but-signed indictment, has refused to prosecute the case--without explanation.
"There is no room for neutrality on terrorism," New York Mayor Rudolph Giuliani said in his October 1 speech to the United Nations. "On one side is democracy, the rule of law and respect for human life. On the other is tyranny, arbitrary executions and mass murder." Pinochet clearly falls into the latter camp. By indicting the general, George W. Bush can signal the world that the United States will use international law-enforcement powers to pursue those who commit atrocities on our soil. And it would show that Washington's "zero tolerance" for terrorism extends to those who were once our allies, as well as those who are our sworn enemies.
This year the Nobel Peace Prize committee got it stunningly right when it honored the United Nations and Secretary General Kofi Annan. For all its bureaucratic and political timidity, the UN has kept alive and vital the idea of collective action for peace by the nations of the world that was central to its founding--an idea of particular importance right now as the world struggles to find a way to deal with terrorism. Despite being handicapped by US indifference, if not hostility, it has made a major contribution in places like East Timor and Cambodia and has galvanized international action on problems like small arms and AIDS.
Central to the UN's renewed credibility on the world stage has been the leadership of Kofi Annan, which has elevated morale within the organization and won the trust of its 189 fractious members. Annan has exhibited a talent for soothing the tender egos of potentates and chieftains jealous of their sovereignty--including the US Congress, whose members he charmed into paying up a portion of America's back dues.
Of course, much of what the UN has accomplished in recent years has been in spite of the United States, which has used it to advance parochial interests or dumped it whenever it wanted to act unilaterally. This do-it-our-way-or-we're-picking-up-our-marbles relationship is unworthy of the UN's importance. It is also contrary to America's national interest.
US foreign policy would be better served if Washington let the UN be a moral as well as a practical guide to American diplomacy. As Washington has discovered, the battle against terrorism is also a battle for the political soul of millions in the Arab and Islamic worlds. Conferences like the recent one in Durban, on racism, tell us just how out of touch America is with the sentiments of many people around the globe.
Now with the bombing in Afghanistan sparking upheavals in the Muslim world and threatening to create a humanitarian crisis, the need for Washington to work with and through the UN has never been more compelling. The allies need a large blue UN umbrella to counter Muslim charges of a US holy war against Islam. Significantly, Iran, a theocracy at odds with America, endorsed the concept of a UN-led fight against terrorism and offered assistance in rescuing downed US fliers. UN participation is essential to preserving a broad coalition against terrorism, and even George W. Bush admits that the UN has a role to play in planning for reconstruction in Afghanistan. Washington should throw full support behind Annan's seasoned special representative for Afghanistan, Lakhdar Brahimi. But the real test of Washington's newfound appreciation of the UN is whether America will provide the resources the UN needs to carry out its mission.
Even more urgent is action on the humanitarian front, as Afghans flee their homes and food supplies dwindle. Here the call by UN human rights commissioner Mary Robinson for a pause in the bombing to permit a massive international relief effort before the imminent arrival of winter makes great sense. The US should heed Robinson's call, simultaneously advancing a political vision for Afghanistan in which the UN plays the leading role. Preventing widespread starvation should be a major concern of the United States and its allies. If it is not, all the claimed moral and legal justifications for military action vanish.
While the United States has spent the past few weeks imploring other countries to cooperate with our war on terrorism, behind the scenes it's apparently retaining an isolationist agenda. In a particularly ill-timed maneuver, the Administration on September 25 pledged to support the deceptively titled American Servicemembers Protection Act (ASPA), sponsored by Republicans Jesse Helms, Henry Hyde and Tom DeLay.
Although it has largely eluded public attention, ASPA is a slap in the face to the many allies that have spent years struggling to construct a legitimate vehicle for combating the most vicious war crimes, crimes against humanity and genocide. For ASPA not only prohibits all US cooperation with the International Criminal Court (ICC), it suspends military assistance to any non-NATO member (except certain allies like Israel, Japan and Egypt) that joins the court, rejects participation in any UN peacekeeping operations unless the Security Council exempts American soldiers from prosecution by the court and authorizes the President to use "all means necessary" to liberate Americans or allies held by the international tribunal (hence its European nickname, "The Hague Invasion Act").
Until now, the bill might have been dismissed as meaningless venting by a handful of extremists. But the Administration's support gives it a far more sober--and sinister--tone. The Administration signed on after negotiating changes that eliminate some of the original bill's thornier constitutional problems. (The President could now provide military assistance to a country that participates in the ICC if he deems it in the national interest, for example.) But those changes and Bush's support also make it far more likely that this public proclamation opposing an international effort to bring perpetrators of terrorism and genocide to justice will become law.
This obstruction is particularly ironic now, when the United States is insisting on world collaboration against terrorism. But it's also distressing because our government is a signatory to the 1998 Rome treaty that created the court. Although Clinton expressed reservations when he signed it, he at least committed the United States to work toward creating an international court it could support. Even if this Administration won't ratify the treaty in its current form, supporting a bill that undermines a treaty we've already signed and threatening the treaty's supporters is a remarkably underhanded maneuver, given the mask of international cooperation we're now strutting out on the world stage.
Sure, Jesse Helms labels it a "kangaroo court," but keep in mind what the International Criminal Court will be. Hammered out over more than five years by hundreds of international lawyers, scholars and diplomats, including many Americans, the court--which is expected to receive the necessary sixty ratifications by next summer--will be a permanent institution based in The Hague equipped to try, in addition to genocide and strictly defined war crimes, just the sort of crime against humanity we saw on September 11. Setting aside whether military action is justified to seize the perpetrators, if the court existed today it's possible we could have avoided the issue altogether. An international court holds a legitimacy in the eyes of the international community that a United States court cannot. Even a government like the Taliban might have a harder time refusing to turn over suspected terrorists to an international tribunal than to what it views as suspect US authorities.
Opponents claim the court would place American soldiers and officials at risk of frivolous political prosecutions. That ignores the many elaborate constraints written into the Rome statute. Moreover, the court will be controlled by our allies. Right now, we're aligned with countries like Iraq that oppose it. But all NATO members (except Turkey) have signed and most have ratified the treaty, as have most of the nations in the EU, which has announced its intent to ratify, calling it "an essential means of promoting respect for international humanitarian law and human rights." Recently, Great Britain--now our closest ally in the war against terrorism--became the forty-second country to ratify. (Switzerland is the latest to follow suit.)
Republicans have whipped up fears that the ICC is a rogue court that would prosecute Americans and deny them due process. But the treaty provides virtually all rights guaranteed by the US Constitution except a jury trial. Notably, the American Bar Association--always sensitive to such concerns and hardly a body of radicals--is a strong ICC supporter.
Given all the statute's safeguards, the only people truly threatened by the International Criminal Court are those who commit genocide, intentional large-scale war crimes or "widespread or systematic" crimes against humanity. The Administration's support for ASPA suggests it wants to raise American officials above international law. This is a bad time to be pressing that point, both on our allies and before our enemies. For if part of what sparks hostility toward the United States is our arrogance, then actively undermining this landmark step toward worldwide enforcement of the rule of law will only fuel it.
Although it may appear that the aftershocks of September 11 have somewhat deposed the discourse of human rights and international law and replaced it with that of law and order, there is still a great deal to fight for. If anything, in fact, the new context makes it more urgent that there be solid rules of international criminal evidence and reliable institutions of international law. . . .The most vocal public opponent of the principles of "universal jurisdiction" is Henry Kissinger, who has a laughably self-interested chapter on the subject in his turgid new book Does America Need a Foreign Policy? (a volume, incidentally, that if it had any other merit might be considered as a candidate for title of the year). . . . It was utterly nauseating to see Kissinger re-enthroned as a pundit in the aftermath of September 11, talking his usual "windy, militant trash," to borrow Auden's phrase for it.
New types of violence are on the rise, and the only exit route is political.
Whoever controls Saudi Arabia's oil wields great power over the world economy.
Since September 11, Thomas Friedman has been in fine form. In his New York Times column, he has composed a letter for George W. Bush to send to Osama bin Laden, urged Vladimir Putin to enlist the Russian mafia to rub him out and berated those who would use the Trade Center and Pentagon attacks to raise questions about US foreign policy. In an October 5 column headlined, "Yes, but What?" Friedman wrote, "One can only be amazed at the ease with which some people abroad and at campus teach-ins now tell us what motivated the terrorists. Guess what? The terrorists didn't leave an explanatory note. Because their deed was their note: We want to destroy America, starting with its military and financial centers." Friedman reserved special scorn for those seeking to use the attacks to renew the Israeli-Palestinian peace process: "Have you ever seen Osama bin Laden say, 'I just want to see a smaller Israel in its pre-1967 borders,' or 'I have no problem with America, it just needs to have a lower cultural and military profile in the Muslim world'? These terrorists aren't out for a new kind of coexistence with us. They are out for our nonexistence. None of this seems to have seeped into the 'Yes, but...' crowd, whose most prominent 'Yes, but' states: This terrorist act would never have happened if America hadn't been so supportive of Israel."
Friedman is hardly alone in pushing this line. In Newsweek, for instance, Jonathan Alter blasted "Blame America Firsters" who have "repeatedly breached" the line "between explaining terrorism and rationalizing it." Jim Hoagland, in the Washington Post, warned that the United States should not be inhibited from using "coercive power" in the Middle East by "excessive fear of reaction in the so-called 'Arab street.'" The New Republic has repeatedly inveighed against what it sees as the capitulationism of the Yes, but-ers, and Christopher Hitchens in these pages kicked up a storm by arguing against "rationalization" of terror. "Does anyone suppose that an Israeli withdrawal from Gaza would have forestalled the slaughter in Manhattan?" he asked.
Against this backdrop, I was fascinated to read "Why Do They Hate Us?" Fareed Zakaria's cover story in the October 15 Newsweek. Zakaria is a blue-chip member of the foreign policy establishment. A native of India who earned a BA from Yale and a PhD from Harvard, he served from 1993 to 2000 as managing editor of Foreign Affairs. A sort of junior Kissinger, Zakaria has never hidden his disdain for those naïve souls who do not share his hardheaded balance-of-power worldview. I recall attending a discussion group several years ago, when the Clinton Administration was still debating whether to intervene in Bosnia; Zakaria expressed world-weary impatience with those who argued for humanitarian intervention and nation-building.
I was thus surprised by his 7,000-word take on the current crisis. Zakaria devotes the first part of his article to an astute dissection of the failures of the Arab world. Today, he observed, almost every Arab country "is less free than it was 30 years ago." Analyzing the causes of that decline, Zakaria described how young Arab men, often better educated than their parents, leave their villages in search of work and "arrive in noisy, crowded cities like Cairo, Beirut and Damascus." Here, "they see great disparities of wealth and the disorienting effects of modernity; most unsettlingly, they see women, unveiled and in public places, taking buses, eating in cafes and working alongside them." Surrounded by the shiny products of globalization but unable to consume them, and denied all outlets for venting their frustrations, these alienated young men have fed a resurgence of Islam.
That, in turn, has sparked a wave of what he calls "raw anti-Americanism." In exploring the roots of this, Zakaria harshly scrutinizes US policies in the region. As recently as the 1960s, he writes, America was widely admired in the Arab world. Since then, however, "the daily exposure to Israel's iron-fisted rule over the occupied territories has turned this into the great cause of the Arab--and indeed the broader Islamic--world. Elsewhere, they look at American policy in the region as cynically geared to America's oil interests, supporting thugs and tyrants without any hesitation. Finally, the bombing and isolation of Iraq have become fodder for daily attacks on the United States." Zakaria especially faults the United States for its "sins of omission," including its failure to press Arab regimes to open up. In response to the current crisis, he goes on, the United States should adopt a long-term strategy on three fronts--a military effort, aimed at the "total destruction of Al Qaeda"; a political effort, stressing multilateralism, cooperation with the United Nations and a solution to the Israeli-Palestinian conflict; and a cultural strategy seeking to help Islam "enter the modern world," in part by pressing Muslim nations to reform.
This seems a far cry from Henry Kissinger. And, toward the end of his piece, Zakaria acknowledges his changing views: "I have myself been skeptical of nation-building in places where our interests were unclear and it seemed unlikely that we would stay the course." In the current instance, he added, "stable political development is the key to reducing our single greatest security threat. We have no option but to get back into the nation-building business."
Zakaria's interest in nation-building and a peace settlement in the Middle East does not mean he's rationalizing terrorism. On the contrary, he fully supports the current campaign against Al Qaeda and the Taliban. His position shows that re-examining the US role in the region does not preclude taking a tough stand on terrorism. In fact, it can be argued that adjusting US policies in the Middle East--for instance, by resolving the Palestinian problem--could further the campaign against bin Laden by making it easier for Washington to keep its coalition together.
At least one other conservative has made an about-face similar to Zakaria's. George Bush's recent endorsement of nation-building in Afghanistan and his expressions of support for a Palestinian state show that he readily accepts the need to reassess US policies in the Islamic world. To the extent that there is a "Yes, but..." crowd, the President seems to be its leading member.
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