International law

The post below is a major revision of another piece on the Snowden Affair that was published in AlJazeera English recently. I have dwelled on the pursuit of Snowden because it raises such vital issues of principle, but also because so much of the public discourse has proceeded on a mistaken understanding of the applicable international law. Beyond the legal guidelines on extradition and asylum that are applicable, there are considerations of world order: protecting dissent and pluralism in a global setting in which the principal political actors are sovereign states that increasingly rely on secrecy and security rationales to constrain democratic open spaces. What Snowden did was to expose this dynamic of constraint in relation to secret surveillance programs administered by private, for profit, contractors. Also exposed was the ‘Global Big Brother’ implications of extending surveillance to foreign societies and their governments. It is these questions that should receive...

Such self-designated ‘wise men’ of our time as David Brooks and Tom Friedman, highly influential opinion and opinionated writers of the NY Times, have been telling their readers that Edward Snowden was decent and intelligent, but overstepped the law by arrogating to himself the disclosure of the ‘total data’ surveillance programs of the National Security Agency of the U.S. Government. By deliberately releasing abundant evidence of the astonishing breadth and depth of surveillance, Snowden was clearly motivated by the concern that rights of privacy, the quality of democratic life, and respect for the sovereignty of foreign countries and the confidentiality of diplomatic events were being placed in jeopardy. For some, this bold decision to expose American intelligence gathering made Snowden a villain, called ‘a traitor’ by a variety of public officials including John Kerry, the Secretary of State. There is no doubt that Snowden is guilty of violating espionage laws,...

During this apprentice period as a blogger I have learned and relearned how difficult it is to reconcile my interest in constructive dialogue on highly contested subject-matters with sustaining a tone of civility. Especially with respect to the Palestine/Israel struggle I have periodically failed, angering especially those who feel that their support of Israel is either inappropriately rejected or ignored. This anger is turned in the direction of personal insults directed either at me or at writers of comments, which induces those at the receiving end to reply in kind, and the result is a loss of civility, which alienates many other readers who tire of such futile and mean-spirited arguments. By way of clarification, let me acknowledge that I regards two types of interaction as satisfying my goal of ‘constructive dialogue’: conversations between like-minded on matters of shared interest; exchange of views between those who adopt antagonistic positions on...

Prefatory Note: I am posting a press release of yesterday, 14 June 2013, to take note of the start of the seventh year of the Israeli blockade. After the Mavi Marmara incident, 31 May 2010 and the more recent November ceasefire agreement between Israel and the Gaza government there was an undertaking to ease the blockade with respect to the flow back and forth of people and goods, but the situation remains desperate for the civilian population of Gaza that remains essentially locked into the Gaza Strip where economic destitution has reached epidemic extremes and where the water is mostly unfit for human consumption. The international community, and its main leaders, have commented adversely on the blockade, but nothing happens! It is this sense of powerlessness that is undermining the legitimacy and relevance of the United Nations to the suffering of the Palestinian people, and with particular relevance to the...

Prefatory Note: What follows below is the text of the report presented on 10 June 2013 to the Human Rights Council. It offers an overview of the situation from the perspective of human rights and international humanitarian law in occupied Palestine. Both Israel and the United States boycotted the session, presumably to express their displeasure with the report and my role as Special Rapporteur. UN Watch distributed a defamatory resolution calling for my dismissal from the position, and the United States delegate, Ambassador Donahue, called for my resignation. No government formally endorsed the UNW resolution, and so it was never acted upon, while I took the occasion of the press conference to confirm my unwillingness to resign, and on the contrary, to continue to do my best to reflect as honestly as possible the realities confronting the Palestinian people from the perspective of international law. In the open debate the...

This is one of seven pieces in Jadaliyya’s electronic roundtable on the Western Sahara. Moderated by Samia Errazzouki and Allison L. McManus, it features contributions from John P. Entelis, Stephen Zunes, Aboubakr Jamaï, Ali Anouzla, Allison L. McManus, Samia Errazzouki, and Andrew McConnell. Western Sahara is a sparsely-populated territory about the size of Italy, located on the Atlantic coast in northwestern Africa, just south of Morocco. Traditionally inhabited by nomadic Arab tribes, collectively known as Sahrawis and famous for their long history of resistance to outside domination, the territory was occupied by Spain from the late 1800s through the mid-1970s. With Spain holding onto the territory well over a decade after most African countries had achieved their freedom from European colonialism, the nationalist Polisario Front launched an armed independence struggle against Spain in 1973. This—along with pressure from the United Nations—eventually forced Madrid to promise the people of what was...

By David Krieger The high-profile nuclear crisis on the Korean Peninsula, pitting the reigning heavyweight nuclear champion, the United States, against the bantamweight nuclear contender, North Korea, is not finished and is deadly serious. The posturing and exchanges that the world has been witnessing are capable of spiraling out of control and resulting in nuclear war. Like the Cuban Missile Crisis more than half a century ago, this crisis demonstrates that nuclear dangers continue to lurk in dark shadows across the globe. This crisis, for which the fault is shared by both sides, must be taken seriously and viewed as a warning that nuclear stability is an unrealistic goal. The elimination of nuclear weapons, an obligation set forth in the Non-Proliferation Treaty and confirmed by the International Court of Justice, must be a more urgent goal of the international community. The continued evasion of this obligation by the nuclear weapon...

/10/jonathanpower2.jpg”> Someone, somewhere, has to say it – that the U.S. harbours war criminals of its own and they have served not that long ago at the apex of power in the American government. Alas, no one is going to act like the recently deceased Robert McNamara who served as Secretary of Defence under presidents John F. Kennedy and Lyndon Johnson. In one speech he described himself as a war criminal – for being party to the nuclear bombing of Hiroshima and Nagasaki and for his role in the Vietnam war. The Obama Administration has to move faster and harder. Last month President Barack Obama implicitly criticised himself for not getting the Guantanamo prison closed. Admittedly to do so has been made very difficult as the Republicans in the Senate have blocked his every move. But he could do more, like transferring some federal courts to Guantanamo. One wonders if...

While the outcome of the Iranian elections scheduled for June 14 may be hard to predict, it will make little difference as long as power remains firmly in the hands of Ayatollah Khamenei and other hard-line clerics. Indeed, while there are contending factions vying for the country’s relatively weak presidency, the narrow ideological spectrum within which candidates are allowed to run for public office offers little hope for change — at least through the electoral system. Following the 2009 election, in which the incumbent right-wing president Mahmoud Ahmadinejad was declared the winner despite his apparent loss to the popular reformist Mir-Hossein Mousavi, the people of Iran rose up in a popular civil insurrection, which was brutally crushed. While it is hard to guess how soon democracy will come to Iran, the government’s theft of the election and subsequent crackdown — shattering the illusion many Iranians still held that they could...

That President Obama chose on 23 May to unveil his second term cautionary approach to counter-terrorism at the National Defense University epitomized the ambiguity of the occasion. The choice of venue was itself a virtual guarantee that nothing would be said or done on that occasion that challenges in any fundamental way the global projection of American military power. Obama’s skillfully phrased speech was about refining technique in foreign policy, achieving greater efficiency in killing, interrogating the post-9/11 war mentality, and all the while extolling the self-mystifying glories of American exceptionalism. That is, only the United States, and perhaps Israel and NATO, possessed an entitlement to use force at times and places of the actor’s choosing without consulting the UN, respecting the constraints of international law, and heeding the admonition in the Declaration of Independence to show “a decent respect for the opinions of mankind.”

The issue facing the U.S. Government at this stage is not one of whether or not to intervene, but to what extent, with what objectives, and with what likely effects. More precisely, it is a matter of deciding whether to increase the level and overtness of the intervention, as well as taking account of what others are doing and not doing on the Assad regime side of the conflict. Roughly speaking, there have been interventions by the Turkey, the United States, Qatar, Saudi Arabia, Israel, and the EU on the insurgent side, and by Russia, Iran, Hezbollah on the regime side, with a variety of non-Syrian ‘volunteers’ from all over being part of the lethal mix. From an international law perspective the issues are blurred and controversial, both factually and jurisprudentially. The Assad government remains the government of Syria from most international perspectives, despite having repeatedly perpetrated the most despicable...

/10/jonathanpower2.jpg”> Good riddance! I wonder what their Maker will conclude? Last week saw the death of one of the world’s worst practitioners of crimes against humanity – Jorge Rafael Videla, aged 87, the former military dictator of Argentina. He died while serving a life sentence. Last week also saw the conviction of Guatemala’s former head of state, Efrain Rios Montt, aged 86, for genocide – the mass murder of the country’s indigenous people. This was the first time, anywhere in the world, that a former head of state has been put on trial for genocide by a national tribunal in his own country. Regrettably, yesterday, the constitutional court ordered a partial re-trial. His conviction is still likely.