Tuesday, November 17, 2009

Jihad 2.0

Over the last few weeks, President Obama has been both Commander in Chief and Consoler in Chief. As Commander in Chief, he has grappled with the thorny questions of what does victory in Afghanistan look like, what is a proper strategy and what are appropriate troop levels. As Consoler in Chief he has tried to help the nation deal with the murder of 13 people by Major Nidal Hasan at Fort Hood, Texas. The media has covered these two events in depth, but has not addressed the linkage between them.

Obama is taking his time considering the proper goals and strategy. In February he said that his goal was to “make sure that it (Afghanistan) is not a safe haven for al Qaida”. If this is the definition of victory, then we “won” in 2002 when the Taliban was overthrown and al Qaida was driven into Pakistan. Since then drone attacks in Pakistan have devastated their leadership and destroyed their ability to organize and implement major attacks such as 9/11. Even if the Taliban returned to power, it is unlikely that they would make themselves a target again by inviting al Qaida back.

In response al Qaida has changed from a strategy of training fighters for a conventional battle to a media and internet based strategy targeted at angry and disaffected Muslims in western countries. Sophisticated websites (Examples are here and here.) call on Muslims around the world to conduct a “holy war” against the “Western Zionist crusaders”. The message resonates with some Muslims who watch innocent Muslims killed and wounded by “Western Zionist crusaders” in Iraq, Afghanistan and Gaza. The strategy has proven successful in motivating attacks from the sophisticated bombings in London and Madrid to the free lance shootings at Fort Hood.

As long as the US continues to be seen as part of the “Western Zionist crusade”, we will continue to face this type of attack. For democracies these are extremely difficult to prevent. Sending 40,000 more troops to Afghanistan is, in my opinion, fighting the “last war”. It will only give credibility to the al Qaida message that the US is waging a war on Islam.

Wednesday, November 04, 2009

The realm of self help

During most of the 20th century international law was the “realm self help”. The most powerful nations in the world decided what international law was and then imposed it on weaker nations. No where was this more evident that the “victor’s justice” that was imposed on Germany and Japan following WW II. The victorious allies decided that the military and civilian leaders were responsible for war crimes and crimes against humanity, tried them, convicted them and imprisoned or executed them.

Following the founding of the UN, international law has become more codified through a series of treaties and judicial decisions, but it is clearly an evolving process. Under a UN Human Rights Committee mandate South African judge Richard Goldstone issued a report that found that there was credible evidence that Israel and Hamas committed war crimes and crimes against humanity during the 2008 Gaza war. He called upon the parties to conduct credible investigations within six months and, if they did not, that the cases be referred to the International Criminal Court (ICC).

The response of the US and other western countries indicates that we are returning to the “realm of self” where the powerful nations, the guys with the biggest guns, get to decide who is called to account.

When a case was brought in the UK against Israeli Defense Minister Ehud Barak, a UK court found that he could not be arrested since the alleged crimes were perpetrated in his role as a government minister. When I called my Congressman to request that he not support a House of Representatives resolution which demanded that the Obama administration oppose the Goldstone Report and any referral to the ICC, I was advised by his staff that prevailing opinion in Washington was that the behavior alleged by Goldstone was not the business of the international community and that Israel and Hamas were responsible for conducting their own investigations. (It certainly was the prevailing opinion as the resolution passed 336 – 34)

If this is the state of international law, western powers should have insisted that Slobodan Milosevic and Radavan Karadcic be investigated by Serbia and Republika Srpska and be given immunity from their crimes committed during the Balkan conflict based on their positions as government officials. Is it any wonder that emerging and third world countries accuse the US and other western powers of a double standard?