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11 September 2001: War, Terror and Judgement, (edited by), Bulent Gokay and R. J. B. Walker, Keele European Research Centre, May 2002, ISBN: 1 899 488 89 8, Paperback, 136 pp., £8.99
Dan Keohane examines in detail the various elements in the response of
the British government to the attack on America, looking both at the congruence
and at the contradictions between British and US policy, and examining
how far the British role of critical ally of the USA is effective. John
Vogler examines the role of the European Union to see how far its large
size and economic potential can make it a major actor, in the absence
of really effective common armed forces. Susanne Karstedt looks at the
events of September 11th in the general context of terrorism. R. J. B.
Walker concludes the study with an analysis of the intangible nature of
the terrorist threat, and the contrast between a rational world of politics
and a world of "other means," where non-state actors can be
both the source of threats against nations and the proclaimed objective
of national counter-attack by a super-power. The book is a valuable contribution
to the no-doubt extensive study of September 11th and its consequences
that we may expect to see from academics in the future. To me, the uniting theme which emerges from this book is that of the
means needed to establish the norms for a comity of states to establish
stable and equitable relations in the world, and to deal with new threats
and new challenges arising by both smaller states and non-state organisations
which ignore the basic rules supporting international peace. We face also
the contrary threats of the over-mighty super-power of the USA when it
acts in a unilateral and dictatorial manner in response to other states
and international institutions. The conspirators who launched the suicidal attacks on the Twin Towers
and the Pentagon were the culmination of a series of terror attacks by
dissident nationals from Arab Middle Eastern states, inspired partly by
the fundamentalist faction in the Islamic community, who felt burning
resentment at the apparent domination of their area by the US super-power
and its failure to bring justice to the Palestinians. They were conscious
of the role of the United States as Cassius speaks of Caesar in Shakespeare's
play: Why, man, he doth bestride the narrow world Like a Colossus, and we petty
men Walk under his huge legs (Julius Caesar, I, ii) Their first sensible and more moderate answer was that of Flavius, who
stated the need for them to see that: These growing feathers pluck'd from Caesar's wing In the end however, the conspirators do not place political or constitutional
barriers to Caesar's power, but murder him treacherously in the Senate.
This is turn provokes outrage among the people, resulting in their expulsion
from Rome and eventual defeat and death at Philippi. The political result
is, as one might have guessed, the creation of a greater tyranny than
Caesar's, in the persons of future Roman emperors who proscribed their
enemies at will and did them to death. It is interesting to note that the ability of the USA to use military
power to obtain political results is largely limited to situations involving
weak or tyrannical governments. American military power could have no
influence upon states such as Iceland, Denmark, Norway or states of the
European Community, which have a secure and robust democratic political
culture. The world in which we live is a complicated one, where we often find
that, as I put it: "the best things and the worst things, they walk
the earth in pairs." Unless we are able to understand contrary things,
we shall make no progress in interpreting the role of the US super-power.
On the one hand it is a potential menace, on the other it is an essential
backup for peacemaking in many situations in an unstable world. There
are differences of opinion as to whether or not the USA and its allies
should have intervened with armed force in the case of the occupation
of Kuwait by Iraq, or in the use of bombing to reverse ethnic cleansing
in Kosovo. There are however clear instances where peace could not have
been restored without the support of the strong arm of US military power.
Were it not for the American Air Force and succeeding vigorous diplomacy
at Dayton, the Serb artillery might still be bombarding Sarejevo, and
Serb forces occupying seventy percent of Bosnia, rather than the fifty
percent allocated to Serb control by the international community. In the case of the occupation of large parts of Egypt by Israel, it was
only the powerful influence of the USA, operating through negotiations
at Camp David, inspired by Jimmy Carter, that Israel was persuaded to
withdraw. The criticism of subsequent United States policy in the conflict
between Israel and the Palestinians has not been that America has intervened
too much but rather that it should have exercised its great leverage with
the government of Israel to intervene more decisively to produce a peace
agreement. The UN, whose arena of argument and legitimising decisions are quite
essential to world order, lacks the military means to enforce its decisions
when confronted by significant armed forces in opposition to those which
the UN is able to deploy under its own control. Smaller blue beret units
have successfully kept combatants apart where there is some agreement,
but for major military tasks the UN has had to "piggyback,"
usually from US forces. There is a great need for a thorough study of
piggyback to examine ways in which the UN can hitch a lift from the US
super-power to cross the river of armed enforcement and yet continue to
retain control over policy and operations when they have reached the further
bank! In analysing the legal aspects of the US reactions to September 11th
through the War On Terror announced by President Bush, Thornberry rightly
emphasises the limits set by the doctrine of proportionality in self-defence,
but his piece perhaps ignores the dilemma of leaders who see their country
in clear and present danger from a lawless attack. They are so conscious
of the need to neutralise the attacking forces to ensure that further
acts of aggression do not occur that they adopt a policy of "salus
populi ultima lex" ("the safety of the community is the ultimate
law"). This can be a recipe for tyranny in normal times, but is a
necessary recourse of the leader of a state when it is being attacked
on a scale which could threaten its whole national life. In such a situation,
doctrines of the national sovereignty of other states may be pushed aside
through hard necessity. One has only to think of what the US response
would be if a terrorist group or even a terrorist state were to manufacture
and detonate a suitcase atomic weapon in a US city. This is not an impossible
scenario sometime in the future. The urgent need then would be to empower
a World Atomic Police (possibly as part of the UN Atomic Energy Commission)
with the ability to enter any country at will, arrest those possessing
atomic materials for illicit use, try them in its own courts and detain
them in its own prisons. Such an action would need the support of US military
power, as well as that of Russia and members of NATO, but it would have
to guard against the danger of turning the operation into one of US political
dominance, or of allowing the atomic enforcement police to interfere in
any other matter within the confines of a sovereign state. We should be
faced with the need to give a particular agency complete power in one
respect, and no power at all in others. One of the papers dismisses almost with contempt the case for humanitarian
intervention. Possibly the word has become too all-embracing an excuse
for interference, but there must surely be cases from time to time where
the behaviour of a ruler has become so vicious and so tyrannical that
the ruler of the state has effectively become an international outlaw,
against whom armed intervention should be used. One thinks of the beneficial
invasion of the Tanzanian Army into Uganda, supporting the opponents of
Idi Amin and putting an end to his brutal period of rule. The overthrow
of Macias Nguema, the atrocious tyrant of Equatorial Guinea, through the
intervention of Spanish and Moroccon forces, was another instance of legitimate
intervention. The overthrow of "The Emperor" Bokassa through
French supported intervention was another case of justified liberation.
In Asia, the invasion of Cambodia by Vietnam may have had elements of
national rivalry in its motivation, but the scale of the atrocities committed
by Pol Pot and his regime in the killing fields amply justify this breach
of national sovereignty. No attempt seems to have been made by scholars
in the field of international relations and international law to examine
the criteria that might justify such an outlaw status of a tyrant in charge
of the government of a country. The consequences of this kind of official
condemnation would be so serious for the regime concerned that the criteria
would need to be strictly and narrowly defined, but the need remains. After reading the detailed and convincing arguments of Bulent Gokay on
the scramble for oil concessions and control of pipelines in central Asia,
one asks the question: "What is so special about oil that makes it
into a commodity dealt with in a mercantilist rather than a free trade
manner." We have seen how previously powerless governments of Third
World states have been able to enforce dramatically better prices for
their oil and conditions for its exploitation, through the joint actions
associated with OPEC and the ability of a state to take charge of its
own resources, even when it has little or no military power. Why has this
beneficial situation failed to occur in the states of the former Soviet
Union? In the frenzied competition for pipelines also, one is left with
a question of why a single pipeline cannot be used on commercial terms
by a number of oil producers and companies, or in the last resort, why
a number of pipelines cannot be laid down to connect a large oil field
with seaports. In looking at Dan Keohane's account of Britain's own stance on the American
War Against Terror, one is struck by the ability of the UK government
to combine opposite emphases in policy, where both the national and the
international interests demand it. Britain has given support to the campaign
in Afghanistan to smash the bases of Al-Q'aida and to hunt for Osama Bin
Laden. At the same time, it has summarily rebuffed President Bush's categorisation
of Iran as part of the "Axis of Evil." At the very moment when
the entourage of President Bush is making dangerous noises about military
action against both Iran and Iraq, Britain has gone out of its way to
improve its relations with the government of Iran. It remains to be seen
whether Blair's hesitancy to join in military action against Iraq will
convince President Bush that an invasion against that country would be
an intervention too far. In dealing with the US super-power, we have the difficult task of marrying Hobbes and Locke. The world needs a Leviathan to stop the war of "each against each" which causes so much suffering. At the same time however, it has to ensure that Leviathan himself is restricted to beneficial interventions and subjected to the checks of balance and international regulation. In situations of extreme emergency, the US Leviathan needs sufficient autonomy to be able to impose peace upon rival states who threaten the peace. In the desperate need of averting a war between India and Pakistan over Kashmir, US good offices together with our own seem to have had some beneficial effect. The super-power status of the USA has lent weight to its arguments for peace. We live in a time when both balance and decisive action are needed.
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