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Campbell Corner Language Exchange
The Adda Bozeman Lecture
Prepared for delivery at Sarah
Lawrence College on April 8, 2002, 5:30 p.m.
Aftershocks: Reflections
on the Implications of September 11
W. Michael Reisman
I
During
the Cold War, fictional accounts of invasion
and occupation by the respective enemy became
forms of entertainment as well as means of sustaining
mass mobilization and willingness to sacrifice.
To mention only one example of this genre, this
audience will recall the motion picture "Red
Dawn" which depicted a brutal Soviet occupation
of large parts of North America -- replete with
commissars in each small town -- and heroic
guerrilla actions conducted by young Americans
from retreats in the Rocky Mountains.
The
attack on the United States on September 11
has yet to produce a new wave of such films
and novels. It's not merely that the entertainment
industry has not had the chance to catch up.
When it does, the plots will revolve about more
sabotage and terrorism, but not about invasion.
Even scare fiction requires enough vraisemblance
to make itself credible -- and vendible. We
are angry and indignant at the massive violation
of our homeland and the murder of fellow citizens
and we have no choice but to view ourselves
in a war with a formidable adversary who is
able to conduct the war in our territory. We
require a new infrastructure of defense. But
no one, whether in the Defense Department, in
Governor Ridge's Office of Homeland Defense,
in a Department of Homeland Defense when it
is finally operational or, indeed, in the entertainment
industry, which is ever alert for new commercial
opportunities, is developing worst-case contingency
plans for an invasion by Islamic militants and
a long-term occupation, replete with hooded
and bearded mullahs conducting forced conversions
throughout the population in deconsecrated churches
and synagogues that have been converted into
mosques. We have been attacked and wounded and
anyone who has not retreated into private fantasies
accepts, as a real possibility that we may be
attacked and wounded again. But we know we are
not going to be invaded. That expectation alone
tells us something about the distinctive meaning
of this war. This is not a classic type of war
whose objective is invasion, occupation and
incorporation. Nor are our enemies "mad,"
a soft psychologistic term we frequently call
up when we cannot understand why others are
doing the things they do. Nor are they driven
by nihilism.
This war departs from the classic model in yet
another way. Though we have been attacked, we
are not the prime object of this war. This is,
in large part, a war between Moslems in the
Islamic world. about the future control and
social structure of the Islamic world, stretching
from the Maghreb of North Africa and the largely
Islamicized areas of sub-Saharan Africa, through
the Middle East and the Anatolian landmass,
through Central Asia and the Islamic states
of the sub-continent, through the Islamic areas
of China, and through the archipelagos of South
Asia. It is a war about who, among contending
Islamic groups, will gain power and control
the dar al Islam, the values that will
govern it and how it will be organized.
On
one side of that Islamic world stand modernizing
elites and those strata of the Islamic world
who wish to make their space part of the expanding
global civilization based upon science and technology.
These modernizing elites believe that without
such engagement and incorporation, they will
be unable to assure to themselves and their
populations the material benefits and life-opportunities
that are the products of a robust economy within
a liberal system of public order. In many of
their countries, some modernization has taken
place. If its benefits are not widely distributed,
images of life in the modern world are. Though
many of these images, which are fabricated for
advertising and promotional purposes, are extravagantly
inaccurate, they are, nonetheless, the pictures
others gain and operate with.
On
the other side stand Fundamentalist conservatizing
counter-elites -- variously called "Islamists"
or "Jihadists" -- whose members' views
cover a spectrum but at the core share the common
belief that the civilization of science and
technology is antithetical to the true values
of their faith; that it will deprive them, individually
and collectively of power: that it will hollow
out their religion; and that it will contaminate
and corrupt their lives and the lives of their
children.
Some of this reaction is familiar from many
other situations of social change. Every innovation
in social arrangements necessarily terminates
existing ones, causing distress and deprivation
to those who were secure in the older arrangements
but who prove insufficiently adroit to adapt
rapidly to new ones. Part of the support for
the Fundamentalist conservatizers comes from
these victims of rapid social change in the
Islamic world. Part comes from people disenchanted
with social change. The early phases of modernization
are also attended by rampant and ostentatious
corruption, which abounds before effective control
mechanisms come into operation. Reactions to
this unattractive feature of modernization account
for some of the support for the Fundamentalist
conservatizers, coming from those who are disgusted
by the corruption and see it as an inherent
and permanent part of the modern
package. As with every social movement, some
support the Fundamentalist conservatizers because
they see them as a path to individual or group
power. But, let us not delude ourselves: some
support the conservatizers because they believe
in an orthodox form of their religion and are
convinced that it will be eroded and denatured
by modernization.
In
the long Spanish civil war, which was also a
war about modernization, the lines were clearly
drawn: you were either for the Roman Catholic
Church or against it, for social revolution
or against it, for modern values or against
them. One of the things that is confusing about
the struggle within the Islamic world, in contrast
to the comparative clarity of the long and violent
war in Spain, is that everyone, modernizers
and Fundamentalist conservatizers, radicals
and reactionaries, uses the language of Koranic
piety. Everyone sounds like a Fundamentalist
conservatizer. There are historical reasons
for this anomaly. Almost all of the Islamic
states were formed relatively recently, most
often through the decisions of external imperial
powers rather than as a result of authentic
and widely supported nationalist uprisings.
The peoples of these new states still lack strong
national identification; loyalty systems continue
to revolve around the extended family. The only
vocabulary of loyalty capable of mobilizing
masses of people is the language and symbols
of the common religion. Hence every aspiring
counter-elite in an Islamic country --- whether
modernizing or conservatizing --- must present
itself as more pious than the elite it is seeking
to replace, while stigmatizing its competitors
as apostates and adulterators of the faith.
As for the incumbent elite whether modernizing
or conservatizing it too has no choice
but to present itself as ever more orthodox.
Hence an idiosyncrasy of the modern Islamic
world is a rather androgynous modernizing elite.
It moves comfortably in the West, still seeks
to adopt many modern programs and often depends
upon the West for its internal or external security.
Yet it often cultivates a religious image in
language and costume and, in particular, it
indulges (and tries to control) religious institutions.
For these elites, truly, the voice is the voice
of Jacob, the hands are the hands of Esau.
If
this is a war within the Islamic world for control
of the Islamic world, why was the United States
attacked our embassies in Nairobi and
Dar es Salaam, the USS Cole in the harbor of
Aden, the World Trade Center in New York and
the Pentagon in Washington? Why are we seen
as the enemy? The answer to that question is
complex but one distinct part is that we are
seen as the indispensable supporter for the
erstwhile modernizing elites. Many in the Islamic
world believe that without our support, most
of the modernizers would quickly flee, fall
or molt into conservatizers. The United States
was the Great Satan to the supporters of the
Islamic Republic because it had reinstated the
little Satan, the Shah, in 1954. U.S. support
kept him in power until President Carter decided
not to come to his assistance in 1979, whereupon
he was, as the Iranians say, bar bahd rafdeh,
gone with the wind. In fact, in the Islamic
world, there are no explicitly modernizing leaders
who have a solid democratic base of domestic
support and, as a result, can survive without
internal military suppression or, often, without
external Western support. The modernizers know
it just ask Mr. Hamid Karzai who enjoys
power, at least to the outskirts of Kabul, thanks
to an international force there . The Fundamentalist
conservatizers, whether in power or seeking
to get it, know it too.
Our
policy of support for the modernizers has not
always been consistent in the real world,
few polices can be but it is public and
certainly not episodic. Consider the Carter
Doctrine which President Carter declared in
January, 1980: "An attempt by any outside
force to gain control of the Persian Gulf region
will be regarded as an assault on the vital
interests of the United States of America, and
such an assault will be repelled by any means
necessary, including military force." On
October 1, 1981, President Reagan issued statements
that the White House promptly characterized
as "The Reagan Codicil to the Carter Doctrine."
In response to a question, the President said,
". . . Saudi Arabia we will not permit
to be an Iran." In clarification, the President
added that "in Iran I think the United
States has to take some responsibility for what
happened." Immediately afterwards, a White
House aide explained to the New York Times that
"the President was now pledging to support
the Saudi monarchy against internal as well
as external threats." That codicil is still
an essential plank in our foreign policy.
American
engagement in the Islamic world once earned
it no enmity and condemnation. As long as the
Soviet Union existed and pursued an aggressive
policy in the Islamic world, the United States
was viewed by Fundamentalist Islamic conservatizers
as a bulwark against Godless communism. That
was then the major enemy and, as it is famously
said in the region, "the enemy of my enemy
is my friend." Now that the Soviet Union
has been tossed onto the rubbish heap of history,
there is no longer a fearsome enemy to the north,
hence no need for a bulwark. The saying can
be abbreviated: the enemy is . . . the enemy.
What
is the war objective of the Fundamentalist conservatizers,
these elites of the various groups that we call
collectively Al Qaeda, but who may be something
even more dangerous: an only loosely linked
network of like-minded groups scattered about
the world, operating as their own "coalition
of the willing"? What, for them, would
constitute victory? It is not, as I said, the
conquest or destruction of the United States.
There are two broad war objectives: First, the
withdrawal of American support for the modernizing
elites, including Israel, whereupon the conservatizers
believe the modernizers will flee westward.
With Fundamentalist conservatizers at the helm,
true Islamic states can then be established
in a type of second Caliphate, reviving the
old glory of Islam. Second, and this should
not be underestimated, recognition of the independent
and autonomous legitimacy of Islam and, as a
result, an end to the characterization of parts
of Islamic dogma and many Islamic mores as violations
of universal human rights standards. I will
return to this second objective in a moment.
During
the Cold War, the prospect of losing a compliant
government in a critical geo-strategic location
could have so changed the power balance that
it would have warranted going to war just to
prevent it. With the end of the Cold War, much
of the geo-strategic urgency has receded as
concerns have shifted to trade and investment.
This development is relevant to our inquiry,
for a victory by the Fundamentalist conservatizers
would not signal the end of economic relations
between the dar al Islam and the dar
al harb. Remember that the suspension of
commercial relations between Iran and United
States is neither demanded nor sustained by
revolutionary Iran. The Islamic Republic is
desperate to trade with the U.S. In a possible
future in which our adversaries prevailed in
this unprecedented type of war, oil would still
be sold and investments might still be made
by each side in the world of the other. But
their victory would mean a suspension of the
vision of a global community based upon a common
conception of human dignity. This implication
and its ramifications are the true stakes in
this war and it brings us to dimension of September
11 that is properly called, in Professor Huntington's
term, a "war of civlizations."
II
Several
months before September 11, an acquaintance
who does international business in the Middle
East was invited to attend an intelligence briefing
in Washington given by a retired general who
had commanded Special Forces. Overall, the General
delivered a gloomy assessment of the deteriorating
situation in the region. But the most memorable
comment came when he remarked that if, during
his active service, he had addressed an assembly
of Special Forces and had told them that he
needed volunteers for an extremely dangerous
mission, he would have expected all hands to
go up. If he told them he needed volunteers
for a suicide mission, however, no hands would
have gone up. In contrast, the General believed
that in a comparable group of young Palestinians
in which a commander asked for volunteers for
a suicide mission, many hands would go up.
The
almost simultaneous destruction of the American
Embassies in Nairobi and Dar es Salaam on August
17, 1998 was accomplished by suicide bombers,
as was the attack on October 12, 2000 against
the U.S.S. Cole. Yet it took the morning of
September 11, 2001 to compel the American public
to begin to come to terms with the implications
of an adversary whose critical weapon is cadres
committed to suicide missions. Obviously, an
open and civil society is ill-equipped to develop
defensive tactics against unidentifiable adversaries
whose weapon for destroying targets is their
own willing self-destruction. But if defense
is more difficult, it is certainly possible.
The main reason why this has been so traumatic
for us is that it is extremely difficult to
conceive of and to understand this sort of an
adversary, not to speak of devising means for
dealing with the new challenge of the adversary
and its soldiers during --- and after --- conflict.
Because
our valuation of individual life is so high,
we are inclined to view adversaries who accept
suicide as part of their mission as psychotic,
fanatically and misguidedly religious, or wickedly
brainwashed and manipulated by cynical elites.
Or all of the above! For some suicide cadres,
those adjectives may be entirely apposite. But
these ready explanations we reach for in trying
to deal with something we find so incomprehensible
and truth to tell, terrifying
do not explain everything and may, in fact,
explain very little. Consider the explanation
that attributes suicidal behavior to religious
depreciations of the worth of this life in comparison
with an assured after-life and its explicit
promises of paradise. Some of the religions
that our own countrymen practice seriously depreciate
this life and offer to those whose current behavior
qualifies them for future indulgence different
though comparably extravagant promises of a
future eternal one. Yet they do not go about
engaging in suicide missions.
In
the Second World War, the United States encountered
in Japan an adversary whose military caste was
equipped with a warrior code Bushido
that extolled self-sacrifice. The Kamikaze
pilots, the quintessential personal implementation
of the war catechism, "[t]o match our training
against their numbers and our flesh against
their steel,"[1]
were recruited in significant part from the
ranks of university students in the waning days
of the war, when it had become clear that Japan
was going to be invaded.. The Kamikazi was,
at least, limited to the battlefield and our
horror and fascination with the phenomenon ended
with the hostilities. I do not believe that
we ever really came to understand the phenomenon,
perhaps because we did not and have not had
to experience a desperate war of self-defense.
If we had, we might have come to view "mission
suicide" quite differently.
For
two generations, our nation has engaged in only
"optional" wars, conflicts in which
we chose to engage even though we had not been
directly attacked and from which, if truth be
told, we knew we could withdraw at any time
we chose without really fearing rhetoric
notwithstanding that the dominos would
teeter and topple, one after another, until
our homeland was finally overrun. When the cost
became too high for us in Vietnam and Somalia,
for example, we simply withdrew and despite
the warnings of the various Chicken Littles
in the far reaches of the political spectrum,
the dominos did not tumble and the sky did not
fall. Since Pearl Harbor, we have not been drawn
into a hot war in which we felt that our survival
was at stake. Until September 11.
If I may build on Emile Durkheim: in wars in
which the survival of the group or the nation
is perceived as at stake and those fighting
for it are deeply committed to its survival,
I would hypothesize that their willingness to
sacrifice themselves for the cause to the point
of accepting, if not volunteering for, assignment
to suicide missions, will increase rapidly.
If, Heaven forbid, the United States were to
find itself in that desperate situation, I believe
that in any group of American soldiers many
hands would go up. Moreover, the vast majority
of our public would view those undertaking suicide
missions as truly heroic because they were making
the ultimate, ultimate sacrifice. We
would hardly characterize our volunteers as
psychologically or emotionally unbalanced, though
we might well be inclined to do so if the perceived
level of national crisis were considerably lower.
To be sure, those undertaking the suicide missions
in circumstances of high crisis might find it
easier to sacrifice themselves if they believed
that they could look forward to an eternal and
continuously pleasurable after-life. Yet that
expectation could not explain why they were
willing, at that point in time, to make themselves
into self-destructive weapons. After all, their
survival up to that moment demonstrated that
in preceding and less critical times, the expectation
of paradise had not led them to engage in behavior
so imprudent that it would have ensured self-destruction.
If
this analysis is correct, some of the suicidal
soldiers we encounter or read about whether
of al Qaeda, wherever they operate, or of Hizbollah
or Islamic Jihad in the Occupied Territories,
or the ordinary Basiji in Iran during
the Iran-Iraq war from 1980 to 1985 and
the members of vast publics in many parts of
the Islamic world who canonize them as martyrs
and heros are responding to a perception of
an ultimate threat to their community or their
values.
What is the basis of their perceptions of threat?
Is it a tissue of self-delusions? Or is it based
upon carefully and deceitfully crafted lies
by cynical and manipulative elites? These questions
can only be meaningfully addressed if we try
to see the world as others see it and try to
see ourselves and what we are doing as others
see us. The necessary premise of this exercise
is the willingness to acknowledge the potential
depth of the words "cultural difference"
and "cultural diversity,"a subject
about which Adda Bozeman wrote so brilliantly
and courageously.
In
our popular culture, cultural difference and
cultural diversity have been homogenized and
pasteurized into a slogan. My ten year old daughter
watches a television show which, in many ways,
captures for me America's approach to this profound
and complex part of national and international
politics. The show, "The Wild Thornberries,"
is about a family that travels around the planet
in a motorized home in order to produce TV programs
about the different peoples and animals of the
world they encounter. The characters in the
family are vividly and entertainingly portrayed,
but what is most fascinating about the show
is that the peoples, and indeed, the animals,
that the Thornberries encounter in their peregrinations
are all, mirabile dictu, just like us.
Aside from the convenient fact that all the
peoples and all the animals speak perfectly
fluent English, with, of course, charming and
stereotypically appropriate accents, they think
so much like us that the Thornberries have no
trouble understanding and even participating
in their always appealing and always innocuous
rites and rituals.
The
producers of the Wild Thornberries are, of course,
serving up an utterly counterfeit version of
reality. This is, indeed, the benign, pre-September
11th version in which cultural difference is
"cute" and ultimately ephemeral. In
fact, peoples are very different because they
are profoundly shaped by the collective experience
of culture, class, religion and prior exposure
to crisis. As a result, they have very different
expectations of past and future, different narratives
and stories, and very different value demands.
Adda Bozeman wrote of societies that continue
to coexist with our own and in which "it
continues to be possible to collapse the distance
between past and present; mingle experiences
absorbed in dream and waking states; and modify
oral accounts of life in response to changes
of mood or occasion."[2]
Dr. Nigel Thornberry, paterfamilias of the Family
Thornberry, manifestly did not read Bozeman,
but he and his creators are right about one
thing. External differences, the things that
the cameras dote on, are indeed only skin deep.
He is wrong about the important thing. Inner
worlds are vastly different.
I
do not believe that our efforts to understand
how we are viewed by our adversaries and by
those others who in varying degree sympathize
with them have gone much beyond the Wild Thornberries,
for the simple reason that the Wild Thornberry
paradigm fits neatly into and confirms our own
cultural calculus while never requiring us to
encounter the inner worlds of those we are trying
to understand. A few examples. Professor Fouad
Ajami, writing in the New York Times Magazine
shortly after September 11, postulated that
Mohammed Atta, along with the other members
of his generation, are desperate because they
have no jobs or meaningful lives to look forward
to. In the same vein, former President Clinton,
lecturing in London in December, postulated
that the problem arises because we have failed
to bring the opportunities of material prosperity
to a large part of the undeveloped or, as it
is optimistically and euphemistically called,
the "developing world." Pace
Mr. Clinton, only give them an "international
New Deal" and the problem will evanesce.
Mark Malloch Brown, the Director of the United
Nations Development Program, said substantially
the same thing in March. Tom Friedman, the New
York Times columnist, postulates that popular
Islamic dissatisfaction comes from the humiliation
caused by a small Jewish state that has been
able to implant itself in the region and to
withstand the entire Arab world. Similarly,
Bernard Lewis, the illustrious Middle East scholar
at Princeton, finds the source of popular anger
in the bafflement and resentment among members
of a proud civilization, once so far ahead of
the West, over its repeatedly demonstrated failure
to keep up.
I
suggest that it is both humane and good strategy
to start with the rebuttable presumption that
one's adversaries are intelligent and sane and
that their perceptions are rational within their
frame of reference. The Fundamentalist conservatizers
in the Islamic world who support or passively
sympathize with those who are attacking us do
perceive themselves as under a grave threat.
To assess the accuracy of their perception,
we must look at what they fear. And what they
fear, in a word, is us. For if this is a war
of civilizations, in Professor Huntington's
sense, it is a war they believe we are
conducting against them. And there is
a basis to their fear.
Since 1945, the international legal system,
at the initiative of leading western modernizing
states, has established a set of ground rules
of political and other social organization based
upon what it considers to be universally valid
and self-evident principles. It is the Universal
Declaration of Human Rights, concluded by the
United Nations General Assembly in 1948, which
we now present as the universal "standard
of achievement." With minor variations,
regional human rights treaties in Europe and
the Americas have adopted the principles and
even the language of the Universal Declaration.
Since 1948, a network of institutions of varying
degrees of compulsoriness and effectiveness
have worked to implement them. Let me briefly
remind you of some of those rights by quoting
from the Universal Declaration:
Article 2(1): Everyone
is entitled to all the rights and freedom set
forth in this Declaration, without distinction
of any kind, such as race, color, sex, language,
religion, political or other opinion, national
or social origin, property, birth or other status.
Article 5: No one shall
be subjected to torture or to cruel, inhuman
or degrading treatment or punishment.
Article 16(1): Men and
women of full age, without any limitation due
to race, nationality or religion, have the right
to marry and to found a family. They are entitled
to equal rights as to marriage, during marriage
and at its dissolution.
Article 16(2): Marriage shall be entered into
only with the free and full consent of the intending
spouses.
Article 18: Everyone has the right to freedom
of thought, conscience and religion; this right
includes freedom to change his religion or belief,
and freedom, either alone or in community with
others and in public or private, to manifest
his religion or belief in teaching, practice,
worship and observance.
Article 19: Everyone has the right to freedom
of opinion and expression; this right includes
freedom to hold opinions without interference
and to seek, receive and impart information
and ideas through any media and regardless of
frontiers.
Article 21(3): The will of the people shall
be the basis of the authority of government;
this will shall be expressed in periodic and
genuine elections which shall be by universal
and equal suffrage and shall be held by secret
vote or by equivalent free voting procedures.
Article 26(2): Education shall be directed to
the full development of the human personality
and to the strengthening of respect for human
rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among
all nations, racial or religious groups, and
shall further the activities of the United Nations
for the maintenance of peace.
Article 30: Nothing in this Declaration may
be interpreted as implying for any State, group
or person any right to engage in any activity
or to perform any act aimed at the destruction
of any of the rights and freedoms set forth
herein.
These
legal formulations of rights and duties are
manifestations of a larger worldview, reflecting
key value goals of our civilization. In dealing
with the traditional societies to which we are
trying to apply them, five of our values are
critical: power, respect, enlightenment, affection
and rectitude or religion:
As for power, we
insist on democratic and representative forms
of governance, effective equality and equal
access to power for men and women and the freedom
of expression without prior restraint, even
in matters that are of great sensitivity to
others.
As for respect, we insist on the inherent
dignity of all people withour regard to race,
religion, color, sex, sexual preference and
the entitlement of all to equal respect.
As for enlightenment, we insist on the
freedom of inquiry which may and, indeed, must
go into anything of interest to the inquirer;
there is no forbidden knowledge.
As for affection, we insist, as a matter
of legal right, on the freedom of the individual
to cultivate agapic and erotic relations, whether
homosexual or heterosexual, and have developed
technologies that can separate sexual activity
from procreation, allowing sexual pleasure to
be cultivated for its own sake. Our civilization
enforces the right of a woman to abort her fetus
entirely by her own choice.
As for the development of personal codes
of rectitude, we insist on the freedom of all
religions, the obligation to respect them; the
separation of the state from religion and the
prohibition on the state from supporting any
particular and all religions; and the right
of religions to seek to proselytize and convert
members of other religions. We view the act
of voluntary conversion not as apostasy but
as an important exercise of an individual human
right.
Pericles'
Athens was proud that others envied the democracy
it practiced and the benefits it brought to
its citizens but Athenians never even thought
about trying to export democracy, let alone
enforce it on others. We, too, are proud of
our democracy but, in contrast, to Athens, we
are committed to a globalization of all of our
values. Although the United Nations Charter
purported to reserve the domestic jurisdiction
of states from international concern, Western
governments and the human rights lobby have
vigorously diminished the scope of domestic
jurisdiction so that it no longer buffers the
internal legal arrangements of states from the
application of international human rights law.
We press them as a precondition for regional
and world peace because we believe that democracies
do not wage war against each other. We press
them as a precondition for economic development,
because we assume that it requires a free and
open society in order to flourish. These instrumental
calculations aside, we also advance our values
for their own sake. In the part of the planet
which we inhabit, we accept these human rights
as basic, necessary and self-evident principles
of political and social organization. So quite
naturally, we characterize as pathological and
pathogenic many of the cultural practices in
other parts of the world that deviate from them.
The
values we designate as "universal"
are, indeed, "universalizable," in
contrast with tribal or other ethnically or
religiously restrictive values which limit their
reach and confine their benefits to members
of a particular group. But "universalizable"
values are not necessarily universally held.
Nor are they "natural." Many of our
values are the result of momentous conflicts
in our own civilization. It was the Reformation,
an event attended by great violence, that laid
the basis for the idea, not self-evident to
true believers then or, I daresay, now, that
different religions are equally legitimate,
can flourish side by side and require the concept
of freedom of expression. Civilizations that
have not gone through something comparable to
the Reformation one thinks of the systems
of public order in Latin America and Asia and
not simply in Islam have great difficulty
even understanding the notion of freedom of
religion and freedom of expression. Indeed,
in certain parts of the world, freedom of religions,
in the plural, is viewed as a contradiction
in terms: allowing other faiths to proselytize
your co-religionists is complicity in apostasy.
As for sexual equality and sexual freedom, now
so central to individual self-expression in
our civilization, these values are viewed in
other civilizations as the official installation
of a policy of promiscuity and constitute a
particularly pernicious form of evil, both corrupt
and corrupting.
It
is not simply that our civilization makes its
commitment and practice of these values manifest
and that their often extravagantly enlarged
images are aggressively exported as part of
the global commoditization of the goods and
services we produce or sell. Nor is it only
that a globalizing entertainment industry, under
the constant imperative of efficiency, must
try to operate in every possible market and,
with its products, inevitably brings many of
our values along. These are, after all, private
efforts. The critical factor is that many of
these values are also aggressively pressed by
our governments and the international institutions
they have established as the international legal
standard. Having universalized the values of
our civilization through the human rights treaties,
we try to enforce them upon other states through
the international and national institutions
that have become the infrastructure of the international
human rights system. Those parts of the planet
in which these values are not being implemented
are, by definition, deviant and backward and
are targeted for development and social change
and, at its most grandiose, "nation-building."
While the words "development and social
change" have a very positive resonance
for us, because we imagine that they augur a
greater and greater approximation of "universal"
(read "our universal") standards,
what they mean to many of those who are being
targeted for "development" is a coercive
dismantling of their own cultural system, "self
amputations of being," to use Marshall
McLuhan's vivid expression. "All social
changes," he wrote, "are the effect
of new technologies . . . on the order of our
sensory lives. It is the shift in this order,
altering the images that we make of ourselves
and our world, that guarantees that every major
technical innovation will so disturb our inner
lives that wars necessarily result as misbegotten
efforts to recover the old images."[3]
The
global conflict that we believe the attacks
on September 11 initiated was already underway,
though it had only manifested itself until then
in episodic explosions far from our homeland:
from Lebanon, to Jordan, to Kenya, to Tanzania,
to the Sudan, to Saudi Arabia, to Yemen, to
New York in an abortive attack on the World
Trade Center in 1992 and, finally, with devastating
effect, as strikes on the Twin Towers and the
Pentagon. It is a misnomer to call it a "war
on terror," as if the entire problem is
that our adversary does not fight according
to Marquis of Queensbury rules (a dimension
of September 11 that is of particular interest
to the international lawyer and which will be
treated in a moment). It is an internal
war about the modernization of the dar al
Islam. Insofar as it is a clash of civilizations,
it is one which we actively prosecute by the
insistence and application of our values. We
are the targets of one of the protagonists because
we support the other and espouse values that
are abhorrent to the other protagonist
the Fundamentalist conservatizers. While we
may support modernizing elites in the Islamic
world for programmatic political reasons, we
press our values for ideological ones. And it
is hard to see how we can stop without changing
who we are and how we are organized, for while
Islam historically allowed for zones of believers
and zones of non-believers, our conception of
human dignity is inherently universal and presses
its exponents to project an demand values worldwide.
As for the Fundamentalist conservatizers, they
are fighting a war they cannot win, for even
Fundamentalist conservatizers may try to resist
Westernization, but they must somehow modernize.
Like it or not, populations increase and peoples
migrate to ever larger cities, the cradle of
modernization. Urbanization breaks down traditional
society and modernization begins. In a global
system, it is not possible to pick and choose
your modernization. It is an inseparable package,
a syndrome. But the very futility of the Fundamentalist
conservatizers struggle may make it all the
more violent.
III
The
image of an "arms race" suggests that
there is a single linear progression in the
refinement and destructiveness of weapons and
that, like competitors in a marathon, adversaries
rush along that single line in order to get
"the mostest" "firstest."
The race between Nazi Germany at Pennemunde
and the United States and the United Kingdom
in their Manhattan Project to develop and operationalize
a nuclear weapon was a classical arms race.
The race between the then Soviet Union and the
United States to improve their respective nuclear
arsenals was also a classical arms race, as
each side rushed to improve, qualitatively and
quantitatively, the same weapon systems. Given
the probable consequences of a nuclear war,
it was fortunate that this particular arms race
ended in a dead heat. Ultimately, each side
accepted the principle of a parity that would
preclude a first and effective use. Since parity
is parity at whatever level, each side then
tried to coordinate the reduction of their respective
arsenals to lower and lower levels of parity.
There
is, however, another competitive weapons relationship
which is not linear but rather dialectical.
When one side achieves and operationalizes a
superior weapon, the other side, instead of
trying to catch up along the same line of development,
may resort to a different weapon or mode of
warfare in order to counteract its adversary's
advantage. The classical example of this is
guerilla or irregular warfare, in which one
side let us say American colonists
abandons the formal battlefield where it is
outclassed and would be defeated by Imperial
Britain and resorts to an entirely different
form of warfare. This produces what is now called
"asymmetrical conflict."
"If you want peace," Cicero said,
"prepare for war." The theory behind
the development and maintenance of a large arsenal
is that it prevents conflict. If A is manifestly
more powerful than B, B will not take A on.
The political process will then adjust relations
between the two to reflect the actual power
balance without needing to resort to overt violence.
This theory should also apply to the winner
of an arms race. The theory is probably correct
when neither party has to fight, but
each is contemplating war as an option only
to improve its position marginally and the prospect
of loss is also acceptable because it too involves
only marginal and tolerable adjustments. It
is incorrect when one party believes that its
self-preservation is at stake and it must fight.
Then, in effect, the weaker party has no choice
but to fight asymmetrically.
When
a weaker party in that situation resorts to
what amounts to forms of asymmetrical warfare,
the stronger party says, in effect, "Hey!
Fight fair!" Although it is said with full
conviction and genuine indignation, it is essentially
absurd, for wars are not duels on a field of
honor. The issue in war and especially
in wars of self-defense is not, if it
ever was, "how you play the game"
but "who wins." Since "fighting
fair" means that the weaker party will
lose, it would be quite surprising were the
weaker party, engaged in a war of self-defense,
to take the stronger's insistence on the proper
way of fighting very seriously.
In
a conventional conflict, superior armaments
translate into an externalization of one's own
casualties onto the adversary. For a democratic
state, such as the United States, which acts
both in its own interest and as the ultimate
actor in the maintenance of international order,
a superior arsenal is urgent because the tolerance
of the American public for casualties is not
very elastic. The less urgent the popular perception
of the need for war or, put differently, the
more optional a particular war appears, the
lower the public willingness to accept casualties
in its own forces. Asymmetrical warfare reduces
the advantages of superior armaments by redefining
the arena of conflict to one in which the relevance
and utility of the armaments are abridged. As
a result the democratic public will be less
inclined to participate in what it perceives
to be an unnecessary asymmetrical war.
As
long as the memory of September 11 remains vivid,
we can expect a higher national tolerance for
our own casualties. As the memory fades or is
counter-balanced by new, fresher images of the
collateral damage we are causing, public tolerance
for our own casualties may decline. Ironically,
it will then be the adversary's capacity and
will to deliver further significant blows that
will reestablish a high national tolerance for
American casualties. This is, alas, a prescription
for a long, nasty and inconclusive conflict.
In a curious way, our superior arsenal and our
political capacity to apply it depend significantly
for effectiveness and legitimacy on an international
law of armed conflict that continues to criminalize
the party that resorts to asymmetrical war.
But that traditional stance of the law of armed
conflict may be changing. And that may prove
to be a problem for the United States.
The modern international law of armed conflict
has two sources. "Hague law," so-called
because most of it was concluded at The Hague,
was concerned essentially with the rules about
how to fight. "Geneva law," in contrast,
was concerned essentially with the human rights
issues in military conflict, which were expressed
in a series of Conventions concluded in Geneva,
most recently the four Geneva Conventions of
1949. Some scholars believe that the two sources
have now merged in what they call "Humanitarian
Law," which incorporates both concerns
and which expresses them in two Protocols Additional
to the 1949 Geneva Conventions.
Hague
law was concluded in the days of the great European
Empires, all of whom thought in terms of weapons
development in a linear progression and were
engaged in arms races. The implicit ethic of
Hague law is that conflict should be symmetrical
and that an adversary that does not fight accordingly
is not entitled to the protection of the laws
of war. The Additional Protocols were negotiated
in Geneva after decolonization. A majority of
the states represented at the Diplomatic Conference
were new, recently independent states whose
common experience and shared foreign policy
objective was decolonization and the legitimization
of that historic movement. Accordingly, the
Additional Protocols do not criminalize asymmetrical
warfare; they permit one party engaged in what
it calls a "war of national liberation"
to fight asymmetrically while still benefitting
from the protections available under the laws
of war. Henceforth the purpose of an
armed conflict rather than its mode of
prosecution becomes a critical determinant of
lawfulness and the key to who receives
and who is denied the benefits of the
law of war.
One
need only look to popular perceptions of the
current phase of the Israel-Palestine conflict
to see how far the normative field has shifted.
The law of war requires combatants to fight
in uniform so that they can identify each other
and avoid killing civilians. Palestinian youth
do not wear uniforms with predictable
consequences. Yet many in Europe and North America
sympathize with the Palestinian irregular and
resent the uniformed Israeli soldier, precisely
because of the apparent lack of symmetry. Children
are not to be used as soldiers, yet Palestinian
shabab are viewed as heroic and Israeli
uniformed soldiers who fire upon them
and inevitably on other children are
viewed as child-killers.
The
United States is party to the Geneva Conventions;
it is not party to the Additional Protocols.
But virtually all of the Non-aligned States
are parties to the Additional Protocols. This
means that there is now a big fault line in
the international legal community over the lawfulness
of fighting asymmetrically. The fault line manifested
itself, most dramatically, in the chorus of
criticism worldwide after President Bush's statement
that those detained in the Afghan conflict,
though entitled to "humane treatment,"
were not prisoners of war under the Geneva Conventions.
The United States is conducting the current
Afghan campaign as an essentially symmetrical
conflict. In Operation Anaconda, the adversary
complied and seemed to be willing to
engage us symmetrically. But it is obvious that
the adversary's strategic approach will be asymmetrical.
This will narrow the superiority of the American
arsenal and sooner or later probably lead to
greater American casualties. Insofar as the
United States remains determined to prosecute
the war against the adversary, it will perforce
mean reestablishing the conflict as symmetrical
by engaging in covert and overt-covert operations
in many different countries in which the adversary
has cells or operations.
How
will these activities be appraised in international
law? The Statute of the International Criminal
Court will enter into force in three days. Although
the United States has indicated that it will
not become party to the Rome Statute, it could
be subject to the jurisdiction of the ICC. Will
the ICC apply Hague or Geneva law to the operations
of the United States? Will the criterion of
lawfulness be mode or purpose?
IV
How will the United States deal with an adversary
whose soldiers continue to view themselves as
actively engaged in war even after they have
surrendered or been wounded and taken captive?
Over the longer term, the United States might,
if it prevails, as it did in Japan and Germany,
engage in major social and psycho-social reconstruction.
In Japan, the pathogen was clear and could be
relatively cleanly resected. Much of the willingness
to self-sacrifice was consciously and skillfully
inculcated by the elite.[4]
Kenzaburo Oë, the brilliant Japanese novelist
who became an unofficial spokesman for what
Japanese call the "mid-war generation,"
those who came of age just before the war, relates
a terrifying daily ritual that was designed
to and must have profoundly influenced the formation
of character and individual values.
[T]hroughout the war, a
part of each day in every Japanese school was
devoted to a terrible litany. The Ethics teacher
would call the boys to the front of the class
and demand of them one by one what they would
do if the Emperor commanded them to die. Shaking
with fright, the child would answer: "I
would die, Sir, I would rip open my belly and
die." Students passed the Imperial portrait
with their eyes to the ground, afraid their
eyeballs would explode if they looked His Imperial
Majesty in the face. [5]
But as a practical matter, in a world-wide
conflict, the strategy of securing total control
of an adversary and then transforming, from
above, those parts of the political culture
that are deemed to be internationally noxious
seems grandiose to the point of megalomania.
We can, nonetheless, try to encourage such changes
within those states that are, in effect, nurseries
for the preparation of our adversary's cadres.
To an extent, that is a strategy that is being
pursued, even now, insofar as the situation
allows. The Madrassas in Pakistan that have
preached the militant Jihadism of the Deobandi
branch of Sunni Islam, which were effectively
supported by the Pakistani government, are now
targeted. Moslem clerics in different parts
of the dar al-Islam have convened or been convened
to denounce militant jihadism as an aberration
and an apostasy. But the strategy is infinitely
more difficult to pursue in the current context
than it was in a Japan and Germany that accepted
unconditional surrender and is further aggravated
by the anger in the Islamic world over the failure
to find and implement a just solution to the
Palestinian problem.
Even
assuming that long term achievements on this
order are possible, the short-term problem persists:
how to deal with soldiers who have been captured.
Since the Declaration of St. Petersburg of 1868,
the more modern and industrial states have tried
to confine the violence inherent in armed conflict
by declaring that non-combatants are always
illicit targets and that combatants who have
been wounded or surrendered become hors de
combat, "out of combat" or "out
of commission" and from that moment are
no longer licit targets. Such combatants may
be detained as prisoners of war and beneficiaries
of an international protective regime until
the end of the conflict, at which point they
are to be repatriated. But consider the problem
of the adversary who is so committed to your
destruction that having exhausted his ammunition
and supplies and having surrendered, he still
continues to wait and plan for an opportunity
to kill you. The Geneva Conventions of 1949
and, particularly, Convention No. 3 and the
First Protocol Additional to the Geneva Convention
do not seem to fit that type of adversary or
that type of conflict.
Enlightened
penal theory is based on a general community
interest in the rehabilitation of convicted
criminals so that they can reenter society where
they will become productive members rather than
continue to be its parasitic burdens or threats
to its law-abiding members. But is it appropriate
to "rehabilitate" prisoners of war
or, as President Bush prefers to call them,
detainees? Is it possible? According to the
values of which society should the prisoners
be rehabilitated? When others have tried to
"rehabilitate" our captured soldiers,
we call it "brain-washing." If the
prisoner is not rehabilitated and continues
to seek to destroy you, can that prisoner be
responsibly released? If the prisoner is not
released, how long will he be held? The usual
moment of repatriation, the end of the conflict,
may not be realistic, if the individual soldier
remains committed to your destruction, if need
by his suicide. Two centuries ago, Napoleon's
adversaries could banish him to a distant island.
That is no longer feasible. What will be the
legal basis of indefinite confinement now? What
laws will govern it? Who will supervise it?
V
During the Cold War, every place in the globe
acquired a geo-strategic value and had to be
secured, lest the enemy take it over and change
the power balance. Because neither the United
States nor the Soviet Union had the resources
to control every inch of their respective spheres,
each relied on proxies who did their bidding
and, as a result, received their support. Despite
the apparent ideological basis of the conflict,
each side found itself supporting and, in effect,
sustaining in power, local leaders who were
glaringly incompatible with the political values
that each side espoused as justifying the conflict.
The locus classicus was Franklin D. Roosevelt's
response to a remark about how awful Nicaragua's
dictator, Somoza, was. "He may be an SOB,"
Roosevelt riposted, "but he's our SOB."
The
advantages of inclusive action include greater
authority and a larger amalgamation of resources.
So hard on the heels of September 11, the United
States began to build a coalition which had
to be as extensive as the network of the adversary.
The frequently repeated expression that in this
struggle "you are either with us or against
us" concealed the fact that the United
States desperately needed some states more than
others, even if their commitment to combating
our definition of terrorism was not beyond doubt.
The
United States finds that certain states are
indispensable to the coalition, while others
are of more marginal importance. Pakistan, for
example, is central to our strategy. Prior to
September 11, the United States held the Pakistani
dictator, Parviz Musharraf, at arms length,
as our policy is to support democratic government,
while General Musharraf came to power by military
putsch. After September 11, we embraced
Musharraf--- now "President Musharraf"---
because of Pakistan's geo-strategic position
in the war against Al Qaeda. But there is substantial
support in Pakistan for Taliban and for Al Qaeda,
so too much insistence upon an internal war
against fundamentalism in Pakistan might unseat
President Musharraf and bring to power a Taliban
government, this time controlling a major state
with, moreover, a nuclear arsenal. Hence, tactical
options with respect to Pakistan must be moderated
in order not to compromise larger strategic
goals. Nor is it only Pakistan. Prior to September
11, the United States was critical of the brutal
campaign that Russia was conducting in Chechnya.
After September 11, the criticism was substantially
muted, because Russia's support in our war against
Al Qaeda was deemed indispensable. Prior to
September 11, comparable criticism was directed
at China for its treatment of Moslems in Sinkiang
Province. It, too, was muted after September
11. There are many other examples of a complex
reality requiring that strategy be modulated
or adjusted.
During
the Cold War, a comparable imperative forced
the United States to range itself against the
forces of social change in much of Central and
Latin America, for fear that the new governments
might align themselves with the Soviet Union.
Local elites, like Somoza, were able to drape
themselves in the mantle of anti-communism and,
thus, to recruit the United States to support
their suppression of all demands for social
change within their own countries. The result
was a deferred explosion. Will the current war
put us in the same contradictory position?
VI
We
are engaged in a war with a contending system
of public order, but this is not a war between
Christianity and Islam. That is precisely the
characterization which our adversary would like
to have put upon it, for it would facilitate
the mobilization of more and more people in
the Islamic world. It is a war between different
Islamic factions within the Islamic world about
whether the Islamic world will become incorporated
into the globalizing science-based civilization.
President Bush and his advisors have skillfully
and largely successfully been able to recruit
Islamic leaders within the West, many of whom
share his concern and understand the true nature
of this conflict. In order to do this, however,
President Bush has been obliged, like many of
the modernizing elite in Islamic countries,
to adopt some of the language of Islamic piety.
In my view this is a misguided strategy. The
function of international law has historically
been to mediate between different civilizations,
religions and cultures. Whatever its origins,
it has become a transcultural secular dialect.
Pretending that it also includes some of the
dialect and ideas of different religious systems
only acts to undermine the vital function of
international law as a secular and mediating
force in a multi-cultured world.[6]
VII
I would like to conclude this lecture with a
brief reminiscence of Adda Bozeman. Like many
beginning scholars in my generation, I had studied
Adda's "Politics and Culture in International
History." Her book, "The Future of
International Law in a Multicultured World"
troubled me when I read it, though I have since
come to conclude that it is a profound meditation
on the limits of law in the international system.
I admired her "Conflict in Africa"
for her courage and her willingness to immerse
herself in other cultures in order to test the
validity of the claim of universality of western
concepts and values and their ready applicability
to other societies.
I
met Adda in the mid-1970s and we exchanged publications
after that. Shortly before she died, she sent
me her autobiographical essay "The Interplay
of World and Mind," with a very kind inscription.
In that essay, she reviewed her fascinating
life and expressed her intellectual credo. She
wrote of,
My belief in the primacy
of mind over matter; the co-existence of diverse
cultures and mind systems in the world, and
the necessity therefore of accentuating the
study of ideas and ways of thinking rather than
that of economic factors. Singly and collectively,
they also reinforced my distrust of claims for
the universal validity of one set of social
laws, political ideals or ethical norms . .
. .
I regret that Adda was not here to help us
reflect, in precisely those terms, upon the
implications of September 11, and I hope that
the remarks today are understood as in her spirit.
Endnotes:
[1]
R. Benedict, The Chyrsanthemum and the Sword:
Patterns of Japanese Culture 24 (1946).
[2]
Bozeman, The Interplay of World and Mind in Kruzel
and Rosenau, Journeys through World Politics,
Autobiographical Reflections of Thirty-four Academic
Travelers at p. 449.
[3]
McLuhan & Fiore, War and Peace in the Global Village
4 (1968).
[4]
But cf. Klaus Scherer, Todesbefehl für Japans
Jugend: Uberlebende Berichten, Iudicum Verlag,
München, 2001.
[5]
J. Nathan, "Translator's Note" in Kenzaburo Oë,
A Personal Matter viii (1968) . For a moving depiction
of a child's life at the time of Japan's surrender,
see K. Oë, "The Day the Emperor Spoke in a Human
Voice," New York Times (May 7, 1995) (Magazine)
103.
[6]See
Reisman, AJIL
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