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WORLD
POLICY JOURNAL
| BOOKS:
Volume XX, No 3, Fall 2003 |
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World Law with
a Human Face
Karl E. Meyer*
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Paris 1919:
Six Months That Changed the World
Margaret
Macmillan
New York:
Random House, 2001
"A
Problem From Hell": America and the Age of Genocide
Samantha
Power
New York:
Basic Books, 2002
Toward a
Just World: The Critical Years in the Search for International
Justice
Dorothy
V. Jones
Chicago: University
of Chicago Press, 2002
As anybody
teaching international relations knows, one can never ignore what
magazine editors call the "MEGO factor," MEGO being the
acronym for My Eyes Glaze Over. A quintessential MEGO topic is "The
Future of Foreign Aid," with "Understanding World Law"
and "How Diplomats Negotiate" trailing only a little behind.
It is thus a token of the literary skill and stamina of these three
writers that their books readably address the densest of international
relations subjects: the making of treaties and the enforcement of
global covenants meant to deter humanity’s otherwise incorrigible
addiction to violence.
Each volume
employs the same essential strategy of using individual lives as
the armature on which to build a narrative. Margaret Macmillan not
only brings to the fore the giants who shaped the imperfect peace
signed at Versailles, but also such forgotten secondary figures
as the seductive Queen Marie of Romania and Prime Minister Eleutherios
Venizelos, "the greatest Greek statesman since Pericles."
For her part, Samantha Power rescues from obscurity, among others,
the indefatigable Polish-born lawyer, Raphael Lemkin. Before dying
penniless in 1960, Lemkin coined the word "genocide" and
against all probabilities secured global recognition for what had
been a crime without a name. The Genocide Convention he promoted
was in turn finally ratified by a reluctant U.S. Senate, thanks
in part to 3,211 speeches by another half-for-gotten hero, Wisconsin’s
William Proxmire, who delivered a shaming prod every day the Senate
sat during a 19-year period. (Senator Proxmire, it should be noted,
was the Democrat elected in 1957 to fill the seat vacated by the
death of the too-well-known Joseph R. McCarthy, and served four
terms before retiring.) And finally, in a tour de force, Dorothy
V. Jones exhumes from musty annals such totally forgotten figures
in the quest for international justice as Sarah Wambaugh, a ladylike
alumna of Radcliffe College who became the world’s reigning expert
on organizing plebiscites, which she did in South America during
the 1920s and a decade later in the Saar Basin, squeezed between
Germany and France. It’s been a long time since I’ve read a book
with so much new, curious, and important detail.
That individual
lives can enliven the telling of history has long been grasped by
writers, starting with Plutarch. Few have had more success in this
craft than the late Barbara Tuchman, notably in The Guns of August
(1962), The Proud Tower (1966), and A Distant Mirror
(1978). In a thoughtful paper presented at a conference in Washington
on "Telling Lives," Tuchman thus described why she used
people as her prism:
As a prism
of history, biography attracts and holds the reader’s interest
in a larger subject.... If I seem to stress the reader’s interest
rather more than the pure urge of the writer, it is because, for
me, the reader is the essential other half of the writer.... I
never feel my writing is born or has an independent existence
until it is read. It is like a cake whose only raison d’être
is to be eaten. Ergo, first catch your reader. Secondly, biography
is useful because it encompasses the universal in the particular.
It is a focus that allows both the writer to narrow his field
to manageable dimensions and the reader to more easily comprehend
the subject. Given too wide a scope, the central theme wanders,
becomes diffuse, and loses shape. One does not try for the whole
but for what is truly representative.
Hers was wise
advice, and the books under consideration amply illustrate her point.
Obviously, focusing on outsize figures risks turning history into
a chronicle of celebrities who are either unduly glorified or become
the target for gleeful mudballs, faults ubiquitously apparent in
television docudramas. Conversely, in dealing with lesser lives,
in "seeing history from below," there is the antipodal
risk of mistaking the nail for the hammer. Our three authors nimbly
skirt these pitfalls.
Judging
the Paris Peacemakers
On its face, Margaret Macmillan, a professor of history at the University
of Toronto, is retelling the thrice-told story of the six-month
Paris Peace Conference, from January to July 1919. Yet Macmillan,
an Oxford Ph.D. and the great-granddaughter of David Lloyd George,
has outdone her predecessors, from Maynard Keynes’s influential
Economic Consequences of the Peace (1919) to Harold Nicolson’s
valuable Peacemaking, 1919 (1933). Not only has she mined
seams of untapped memoirs, diaries, and state papers, but she has
the topical advantage of dealing with matters that are now the stuff
of the evening news.
Today’s Middle
East, with its slapped-together mosaic of invented nations was created
in Paris by three tired, distracted potentates who decided early
on that they knew better than the experts in their entourage. "Diplomats,"
in Lloyd George’s view, "were invented simply to waste time."
These were the Big Three—Prime Minister Lloyd George, Premier Georges
Clemenceau, and President Woodrow Wilson—who as victors in the "War
to End All Wars" met daily for most of six months to parcel
out the territorial spoils of three crumbled empires, German, Austro-Hungarian,
and Ottoman. Sometimes the Big Three determined wisely, sometimes
disastrously, and too often impulsively. Records kept by interpreters
were hit-or-miss, and frequently the Big Three could scarcely remember
what they had already decided or promised.
Thus one reads
with almost dread fascination Macmillan’s autopsy on the remaking
of the Arab Middle East. Here is the historian Arnold Toynbee, describing
an encounter with the British prime minister: "Lloyd George,
to my delight, had forgotten my presence and had begun to think
aloud. ‘Mesopotamia...yes...oil...irrigation...we must have Mesopotamia;
Palestine...yes... the Holy Land...Zionism...we must have Palestine;
Syria...h’m...what is there in Syria? Let the French have that.’"
He had his wish, and it thus transpired that the three antagonistic
Ottoman provinces, Baghdad, Basra, and Mosul, were stapled together
in a makeshift, play-it-by-ear manner.
As Macmillan
reports, this happened in part because Clemenceau, by now an aging
tiger, had failed to grasp the strategic importance of Mosul oil,
and in part because Britons overestimated their imperial skills
as nation builders. It seemingly never occurred to Col. Arnold Wilson,
the British officer who promoted this merger, that there were no
Iraqis per se, that history, geography, and religion pulled them
apart. Wilson proposed making Mesopotamia a formal British protectorate,
but his superiors opted instead for indirect rule, as practiced
in the princely states of India and in Egypt. "What we want,"
candidly observed an official in the India Office in London, "is
some administration with Arab institutions which we can safely leave
while pulling the strings ourselves; something that won’t cost very
much, which Labour can swallow consistent with its principles, but
under which our economic and political institutions will be secure."
Working to
modify this illusionist arrangement was the only woman then to play
a major role in Middle East diplomacy, Gertrude Bell, a fluent Arabist,
who tirelessly lobbied to give Iraqis themselves a greater voice.
But like all Britons involved, she was trapped in Iraq’s lethal
labyrinth, with its omnipresent ambushes. Macmillan succinctly describes
what happened after the Paris peacemakers decamped, and it has a
familiar, melancholy ring:
For the
Arabs, 1920 remains the year of disaster: Palestine gone, then
Syria, Lebanon and finally Mesopotamia. In the summer of 1920,
rebellions broke out over about a third of Mesopotamia, up and
down the Euphrates valley and in the Kurdish areas of Mosul. Bell,
who had long since come around to the view that Mesopotamia must
have self-government, had warned of this. Arnold Wilson, with
whom she was no longer on speaking terms, blamed it all on outside
agitators and the influence of his namesake’s Fourteen Points.
Railway lines were cut and towns besieged; British officers were
murdered. The British reacted harshly, sending punitive expeditions
across the land to burn villages and exact fines. In a new but
very effective tactic, their aircraft machine-gunned and bombed
from the air.... The events in Mesopotamia shook the British government
badly. "We are at our wits’ end," said Churchill, "to
find a single soldier."
Once again,
the frantic British improvised, this time turning to the Hashemite
prince Feisal, recently deposed by the French from ruling Syria,
to whom they had more or less promised a throne. Thus a wobbly country
known as Iraq emerged in 1921 after a stage-managed coronation under
a new flag, both the handiwork of Gertrude Bell. The colonial stigma
was never expunged, Iraq failed to congeal, and to this day it remains
a confederacy of angry beehives, ready to swarm afresh when poked.
And yet Iraq
was but one of a dozen deadly legacies bequeathed by the peace-makers
of Paris. My only real quarrel with Macmillan is her excessive magnanimity
in a too-brief conclusion that in effect says that whatever their
blunders the Big Three did their best: "They could not foresee
the future and they certainly could not control it. That was up
to their successors." Sure, but what did they bequeath those
immediate successors? When he left Paris, Woodrow Wilson said to
his wife Edith, "Well, little girl, it is finished, and, as
no one is satisfied, it makes me hope we have made a just peace;
but it is all in the lap of the gods."
Making every
generous allowance for the political pressures on the Big Three,
the gods were not to blame for decisions too casually made that
shortly led to a tragic invasion (the disastrous Greek campaign
in Smyrna); to privation, civil strife, and hyperinflation (in Germany
and Central Europe); to the rise of Italian Fascism (the mishandling
of the Fiume dispute); and to Japan’s aggressions in China (the
bad Shantung decision)—all detailed passim in these pages.
By contrast, the 1815 Congress of Vienna, whatever its blunders,
gave Europe a century without a general war. In 1945–46, the Big
Three’s agreements at Yalta and Potsdam, whatever their moral and
political deficiencies, kept the Cold War cold, led to the Marshall
Plan, NATO, the European Union, and yes, a viable United Nations.
By the measure of its predecessor and successors, the Paris Peace
Conference was demonstrably a bad show.
On Seeing
No Evil
Samantha Power’s "A Problem from Hell" takes its
title from a remark by former secretary of state Warren Christopher
as he struggled (successfully) to find reasons to do as little as
possible about the genocidal murder of Bosnian Muslims in former
Yugoslavia. Power, currently director of the Carr Center for Human
Rights Policy at Harvard, had been a war correspondent in Bosnia,
and she was baffled by the limp U.S. response. To determine why
America’s human rights policy had seemingly failed, she undertook
this full-court study of the U.S. response to the genocidal slaughter
of Armenians by Ottoman Turks during World War I, of Jews by Nazi
Germany before and during World War II, of fellow Cambodians by
Pol Pot in the 1970s, of Iraqi Kurds by Saddam Hussein in the 1980s,
and of Rwandan Tutsis and moderate Hutus by militant Hutus in 1994.
Her disconcerting
conclusion is that Washington’s consistent policy of nonintervention
in the face of genocide flows not from failure but from a ruthlessly
effective policy of deliberate inaction: "No U.S. president
has ever made genocide prevention a priority, and no U.S. president
has ever suffered politically for his indifference to its occurrence.
It is thus no coincidence that genocide rages on." Power’s
explanation for why this should be so has a sad ring of truth:
It is in
the realm of domestic politics that the battle to stop genocide
is lost. American political leaders interpret society-wide silence
as an indicator of public indifference. They reason that they
will incur no cost if the United States remains uninvolved but
will face steep risks if they engage. Potential sources of influence—lawmakers
on Capitol Hill, editorial boards, non-governmental groups, and
ordinary constituents—do not generate political pressure sufficient
to change the calculus of America’s leaders.
As if to confirm
her thesis, human rights became a tack-on extra in President George
W. Bush’s long laundry list of justifications for invading Iraq,
and only assumed more importance after America’s embarrassing failure
to find the weapons of mass destruction that were the ostensible
principal casus belli. This earlier downplaying of Saddam’s
atrocities recalled the past equivocation about Saddam Hussein’s
gassing of Kurdish villages when the Iraqi regime was being courted
by Washington during the Iran-Iraq War in the 1980s, as documented
in Power’s account.
Indeed, what
distinguishes her book is its detailed and devastating chronicle
of bureaucratic infighting, beginning with the senior Henry Morgenthau’s
futile struggles to galvanize a U.S. response to what he called
"race murder" in Ottoman Turkey. In 1915, on the claim
that Armenian Christians composed a pro-Russian fifth column during
World War I, the Turkish leadership authorized "arbitrary arrests,
terrible tortures, wholesale expulsions and deportations from one
end of the Empire to the other accompanied by frequent instances
of rape, pillage, and murder, turning into massacre, to bring destruction
and destitution on them"—in the horrified words of Morgenthau,
then the U.S. envoy to Turkey, in a cable to Washington. (This crime
against humanity had its antecedents in the 1890s, compellingly
recalled in an important new book by Peter Balakian, The Burning
Tigris: The Armenian Genocide and America’s Response, HarperCollins,
2003.)
After the
war, the Paris Big Three promised to create an Armenian republic,
but faced with serious Turkish opposition and possible loss of access
to Gulf oil, they and their successors simply shelved the idea.
In 1920, a young Armenian named Soghomon Tehlirian avenged his own
slain family by killing the former Turkish leader, Pasha Talaat,
an architect of the 1915 genocide. As the assassin faced trial in
Berlin, a 20-year-old Polish Jew, Raphael Lemkin, asked his law
professor in Lvov why the Armenians had not had Talaat arrested
on murder charges. There was no law under which the Turk could be
tried, the professor patiently explained: "Consider the case
of a farmer who owns a flock of chickens. He kills them and this
is his business. If you interfere, you are trespassing."
"It is
a crime for Tehlirian to kill a man, but it is not a crime for his
oppressor to kill more than a million men?" Lemkin rejoined.
"This is most inconsistent." At issue is the matter of
"state sovereignty," which Lemkin refused to believe was
a license to kill millions of people. The paradox took on personal
urgency in 1939 when Lemkin escaped from Poland (as most of his
relatives did not) before Hitler’s legions swept into Warsaw. Once
in America, while working for the War Department, Lemkin struck
on the right term for the crime without a name: "genocide."
Over time, Lemkin’s tireless campaign bore results in the adoption
in 1948 of the Genocide Convention which, however, was not ratified
by the United States for another 40 years, and then only with a
Jesse Helmsian smoke bomb tied to it—a "sovereignty package"
effectively immunizing the United States from its provisions.
This emblematic
story, with its profound Talmudic overtones, provides the thread
for Power’s narrative. It also illuminates my own reservations about
what seems on her part an excessive enthusiasm for militant interventionism
à la this spring’s Operation Iraqi Freedom. The problem is
that George W. Bush’s doctrine of preemptive war effectively denies
other nations the state sovereignty that the United States fiercely
claims for itself. To take the Lvov law professor’s example, Washington
retains the right to kill everybody else’s chickens while putting
a barbed legal wall around its own henhouse. It is a position profoundly
at odds with a tradition of international law that Americans took
the lead in nurturing, as described in Dorothy V. Jones’s Toward
a Just World.
The Monster
in the Forest
No struggle in the past century was at once nobler or more quixotic
than the campaign propelled by Americans to hold individuals accountable
for crimes against humanity and the laws of war. The same might
be said of a parallel campaign to punish or censure abusers of human
rights and to seek peaceful means of resolving disputes between
sovereign nations. These were spears, frail and inadequate ones,
worthily yet vainly aimed at the monster in the forest, the world’s
aggressive and despotic sovereign states, as much a menace to their
own citizens as to their neighbors.
A scholar
in residence at Chicago’s Newberry Library and an associate in the
history department of Northwestern University, Dorothy Jones, in
her finely wrought narrative, describes the people and events that
shaped that campaign. It began, fittingly, in 1899 at a peace conference
in the Netherlands, homeland of Hugo Grotius, the legal scholar
who in the seventeenth century first sought to tame the sovereign
monsters of Europe. There were quarrels from the outset at the conference
held in The Hague as to whether aggrieved peoples—the Boers, Armenians,
and other dissidents—should address the delegates. Nevertheless,
this halting first step established The Hague as the symbol, as
well as center, of the movement toward world law.
As if on their
Sunday best behavior, proud Western sovereigns gathered at The Hague
to sign successive conventions and to dedicate the Permanent Court
of Justice. From The Hague there flowed a procession of rules and
treaties defining acceptable norms for nations at war, one of the
earliest (1899) being a declaration binding signatories not to use
poison gas. Among the 20-odd signatories was Germany, whose armies
became the first to use chemical weapons, at Ypres in 1915.
World War
I confirmed the limitations of The Hague conventions, and so hopes
were now vested in the League of Nations, whose creation was meant
to redeem the seamier compromises at the Paris Peace Conference.
Jones is excellent at evoking the forgotten characters of the Geneva-based
League: the stork-necked Lord Robert Cecil, the witty Spaniard,
Salvador de Madariaga, and Sweden’s Hjalmar and Ake Hammar-skjold,
respectively the impressive father and uncle of Dag, the martyred
U.N. secretary general. Yet the League was doomed from the beginning
by the American boycott and by the reluctance of the weakened great
powers to use its vaunted machinery, as confirmed by its handwringing
when Japan devoured the Chinese province of Manchuria after a staged
railway explosion in 1931.
All this is
noted by Jones. Still, out of the frustrations and failures of the
interwar years grew the American and British determination to establish
what became the Nuremberg and Tokyo tribunals to try war criminals.
For the first time, leaders of a sovereign state were held accountable
for crimes against the peace (i.e., violating the much derided Kellogg-Briand
Pact outlawing war), for violating the laws of war (i.e., the Hague
conventions), and for crimes against humanity (the slaughter of
Jews, dissenters, and other stigmatized persons). On all this our
author offers this reflective passage:
So what
was this law under which the defendants in the war crimes
trials were charged and tried? It was a law whose boundaries were
always in dispute, outside and inside the courtroom. It was a
law of custom as well as treaty, of authoritative writings as
well as judicial findings and arbitral decisions. Since the end
of World War I, it has been a law in quickened process of development,
yet the development was frequently stymied by entrenched concepts,
particularly with regard to the prerogatives of sovereignty. Like
prevailing ideas in economics and politics, the concepts embedded
in international law could not keep up with the rapid changes
of the twentieth century that were bringing the states of the
world into ever closer contact where they shared danger and distress,
as well as opportunity.
Regrettably,
Jones’s book stops short of the Helsinki Final Act of 1975, which
demonstrated the efficacy of these international norms, so often
the focus of scorn and sneers. Few deny that the Helsinki human
rights provisions armed dissenters with a moral authority that eventually
proved lethal to the Soviet bloc. Yet what gave leverage to various
Helsinki watch groups was the act’s provision that each signatory
could scrutinize the compliance of other signatories. In short,
the United States was as subject to inquiry and criticism at biennial
review conferences as any other party to the Final Act. It was a
reciprocal abridgement of the pure theory of state sovereignty,
and that was its overriding merit.
Flash forward
to summer 2003. In a move without precedent, the Bush administration
suspended all future U.S. military assistance to 35 countries because
they declined to exempt American citizens from prosecution by a
still-unborn International Criminal Court. Among the culprits were
key countries like Brazil, Colombia, and South Africa, and many
nations that supported the U.S. action against Iraq, including the
Baltic republics. Richard Dicker, a director of Human Rights Watch
in New York, commented: "I’ve never seen a sanctions regime
aimed at countries that believe in the rule of law rather than ones
that commit human rights abuses." It is a truly astonishing
turn in American foreign policy. Washington is using its powerful
leverage to impose its wishes on another country while at the same
time immunizing itself from international accountability for criminal
acts. This sets a precedent for any rogue regime determined to flout
prohibitions of genocide and other war crimes so painstakingly elaborated
in a century of international law. By thus exempting itself from
the reciprocal scrutiny, the Bush administration, one hopes inadvertently,
provides legal aid and political comfort to the monsters at large
in the forest.
Slaying those
monsters remains humanity’s greatest, noblest unfinished task. Too
great, one hastens to add, for a single super-power to accomplish.
It will require a joint effort, based on a clearer understanding
of our past successes and failures. These three exemplary volumes
provide a much needed, and accessible, database.
*Karl E.
Meyer is the editor of this magazine and the author, most recently,
of The
Dust of Empire: The Race for Mastery in the Asian Heartland (Public
Affairs, 2003).
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