Connect with us

Middle East

Court rejects Red Sea islands transfer from Egypt to Saudi Arabia

Published

on

In a surprising setback for President General Abdel Fattah al-Sisi, Egypt’s State Council, an administrative court on June 22 annulled a maritime border accord with Saudi Arabia that would have seen Egypt lose control of two Red Sea islands. The Egyptian court has in effect nullified an agreement that would transfer control of two islands in the Red Sea to Saudi Arabia.

Egyptian judge has quashed a government decision to hand control of two Red Sea islands to Saudi Arabia. Judge Yehia al-Dakroury’s ruling that Egyptian sovereignty over the islands, which are located at the mouth of the Gulf of Aqaba, couldn’t be amended in favor of another state, came as somewhat of a surprise.

The conflict over the dry, uninhabited Tiran and Sanafir islands had gripped Egypt for months, since Sisi announced the transfer during a visit by Saudi King cum premier Salman in April. The Egyptian president portrayed the transfer of the islands as a return to Saudi Arabia for the first time since 1950, when the Saudis placed them under Egyptian control following fears that Israel could seize them. The land transfer came amid a variety of economic agreements Sisi signed with the Saudi government, including a development deal in the Sinai Peninsula.

Uninhabited Tiran and Sanafir lie between Saudi Arabia and Egypt’s Sinai Peninsula at the narrow entrance to the Gulf of Aqaba, a strategic part of the Red Sea bordered by Israel, Jordan, Egypt and Saudi Arabia. Egyptian troops have been stationed there since 1950 at Riyadh’s request. Saudi and Egyptian officials say they belong to the kingdom and were only under Egyptian control because Saudi Arabia asked Egypt in 1950 to protect them.

The anti-land deal protesters rooted the conflict in a deeper sense that the islands were Egyptian, while critiquing Sisi’s leadership in the years since he led the military ouster of Muslim Brotherhood leader Mohammed Morsi, Egypt’s first democratically elected president, in 2013. The maritime demarcation accord, announced in April, caused public uproar and prompted rare protests in Egypt where many people say they were taught at school that Tiran and Sanafir were Egyptian.

The timing of the announcement, during a visit to Cairo by the Saudi king that coincided with the signing of aid deals, created the impression among many that the islands were sold. “By nature the Egyptian people are attached to their land, and historically most Egyptians worked in agriculture,” said political activist Ahmed Abdullah in April. “Land for Egyptians is a matter of honor.” Crowds in Cairo have shouted, likening Sisi to the protagonist of a folktale about a man who brought shame to his family by giving up his family farm. The protests prompted a police crackdown.

More than 200 people were arrested in connection with protests over the islands. At least 85 have since been acquitted but more than 150 have been handed jail sentences or fines, judicial sources said, while lawyers are pushing for their release.

As anger rose, Sisi made an impromptu speech denying the islands were sold and urging Egyptians to end the debate. But a group of lawyers, including former presidential candidate Khaled Ali, challenged the agreement in court. Ali argued that according to a 1906 maritime treaty between Egypt and the Ottoman Empire, the islands are Egyptian. The treaty precedes the founding of Saudi Arabia in 1932.

The demarcation agreement was also due to be discussed by parliament in the coming weeks. Two parliamentarians said the debate would go ahead and take into account the verdict. It was not clear whether the government could activate the accord if parliament approved it but the higher administrative court did not.

The government said it would appeal the verdict. “The government is studying the reasons for the ruling and will … challenge it at the higher administrative court of the State Council and request that … it be canceled,” Magdy al-Agaty, minister of legal and parliamentary affairs, said.

Saudi Arabia and other wealthy Gulf Arab states have showered Egypt with billions of dollars in aid since Sisi toppled President Mohamed Mursi of the Muslim Brotherhood in 2013 following mass protests against his rule. But a sharp drop in oil prices and differences over foreign policy issues such as the war in Yemen have raised questions over whether strong Gulf Arab support can be sustained.

While Sisi is overseeing a crackdown on the Muslim Brotherhood, his government has also increased prosecutions of people accused of blasphemy. Now, the judge’s ruling against the land deal with Saudi Arabia could potentially set some senior Egyptian officials up for prosecution themselves.

Under Egyptian law, officials who negotiate a deal with foreign government that harms national interests can face a life sentence, though legal experts are divided on whether this could be the case with the land deal.

The verdict stated that the two islands would “remain under Egyptian sovereignty”. The lawyers who filed the case called the decision a victory. The judge’s decision demonstrates the courts “are fair and only care about the interests of the country,” Essam el-Eslamboly, one of the Egyptian lawyers who challenged the transfer said.

If it is approved by the country’s High Administrative Court it will become legally binding. However, the State Lawsuits Authority, which represents the Egyptian state in lawsuits, said on Tuesday evening that it would challenge the ruling, state television reported.

Sisi has cracked down on all dissent since leading the military’s overthrow of President Mohammed Morsi in 2013. Since then, more than 1,000 people have been killed and 40,000 are believed to have been jailed, most of them supporters of Mr Morsi’s Muslim Brotherhood.

Tiran sits at the mouth of the Gulf of Aqaba, on a strategically important stretch of water called the Strait of Tiran, used by Israel to access the Red Sea. The islands are uninhabited, apart from Egyptian military personnel and multi-national peacekeepers, since 1982. Egyptian troops have been stationed on the islands since 1950 at the request of Saudi Arabia. Israel captured the islands in 1956 and 1967, subsequently returning them to Egypt both times. Egyptian President Abdul Fattah al-Sisi was criticised for “selling” Egyptian territory after deciding in April 2016 to hand the islands to Saudi Arabia

Egyptians are eager for economic revival after years of political upheaval. But the islands issue hurt national pride, prompting thousands of protesters to take to the streets in April chanting “people want the fall of the regime”, a slogan from the Arab Spring uprisings of 2011.

One is not very sure if there is a new conspiracy in Middle East, which is in a state of deadly crises and destabilization, to obstruct the ongoing effort by Riyadh and Cairo to bury the differences and resume better relations because Israel-US duo does not want any peace in the region. Saudi-Egypt effort for reconciliations could lead to more such realignments, leading to Pan Arabism that would strengthen the cause of Palestine and oppose Israeli dominance in the region.

How can Israel or USA allow that to happen?

Continue Reading
Comments

Middle East

Ending the Gulf crisis: Natural gas frames future Gulf relations

Dr. James M. Dorsey

Published

on

Natural gas could well emerge as the litmus test of how relations among the Gulf’s energy-rich monarchies evolve if and when a Saudi-United Arab Emirates-led alliance and Qatar bury their hatchet.

It could also position Gulf states as key players in shaping the future of the energy architecture of Eurasia.

This week’s summit in Riyadh of the Gulf Cooperation Council (GCC) that groups Saudi Arabia, the UAE, Qatar, Kuwait, Oman and Bahrain is likely to determine how close the kingdom and its allies are to lifting a 2.5-year-old diplomatic and economic boycott of Qatar.

Qatari foreign minister Sheikh Mohammed bin Abdulrahman al-Thani suggested that secret Saudi-Qatari talks in recent weeks had “moved from a deadlock in the Gulf crisis to talks about a future vision regarding ties.” It was not immediately clear whether the UAE was equally willing to find a way out of the Gulf crisis.

The bellwether of how much progress has been made will be the level of Qatari representation at the Riyadh summit. Qatar emir Tamim bin Hamad Al Thani has refrained from attending GCC summits since the boycott was imposed in June 2017 in a bid to force Qatar to fall in line with Saudi and UAE regional policies and effectively accept the two Gulf states’ tutelage.

An end to the boycott potentially could open the door to the creation of a regional gas network at a time that Qatar plans to increase its annual Liquid Natural Gas (LNG) production by a whopping 64 percent to 126 million tons by 2027 and Saudi Arabia is investing up to USD$ 150 billion in becoming a major gas player.

The network would facilitate Saudi crown prince Mohammed bin Salman’s plans to streamline and diversify the kingdom’s economy. It would further enable Saudi Arabia to capitalize on the fact that Iran is hobbled by crippling US sanctions in its efforts to maintain its status as a key swing producer serving Eurasian markets.

Building a regional network may be easier said than done even if the Gulf states succeed in putting their debilitating dispute behind them. Healing the scars of the dispute that impacted people’s lives on both sides of the divide to the point where countries like Saudi Arabia and Qatar would be willing to become dependent on one another is likely to take time.

That kind of trust didn’t exist even before the Gulf crisis. Saudi Arabia initially opposed the construction of the Dolphin gas pipeline, the region’s first cross-border gas project that links Qatar to the UAE and Oman.

Qatar continued to supply the UAE with two billion cubic feet of gas a day despite the boycott, which the Emirates would have found difficult to fully replace.

An end to the boycott would significantly enhance Saudi plans announced in early 2019 to establish a natural gas network with the UAE and Oman that eventually would extend to Kuwait, Bahrain Iraq, Jordan, Egypt and possibly Palestine.

Potential moves to enhance gas cooperation in the Gulf come as the eastern Mediterranean emerges as a potential competitor, particularly in future exports to Europe, Asia and China.

Huge gas finds in Israeli, Cypriot and Egyptian waters have seen industry eyes swivel to the Levant Basin, which, according to a 2010 estimate by the US Geological Survey, could hold as much as 122 trillion cubic feet of natural gas, the equivalent of Iraq’s reserves.

Energy experts argue that Qatari gas could significantly help Prince Mohammed rationalize Saudi Arabia’s energy market at a time that climate change is casting doubts on the sustainability of oil.

The King Abdullah Petroleum Studies and Research Center estimated that Saudi Arabia burned some 900,000 barrels per day of liquid fuels for industrial use and power generation in 2017.

“Replacing this oil with natural gas could generate more than U$10 billion of additional export revenue at current market prices… Qatar is one of the cheapest ways for the kingdom to remove oil entirely from power generation,” said Andy Critchlow, head of Europe, the Middle East and Africa at S&P Global Platts.

While Qatar may be willing to assist Saudi Arabia once the boycott is lifted, its is certain to ensure that it does not become dependent on gas exports to the kingdom.

Diversification of its gas exports is a pillar of Qatar’s soft power strategy that helped shield it from the effects of the boycott.

Some Qatari officials have long believed that gaining control of Qatari gas reserves was a main objective of the Saudi-UAE boycott.

As a result, Qatar is likely to be weary of plans by Saudi Arabia to become a global gas player. The kingdom holds the world’s fourth largest gas reserves that it so far has been unable to develop.

Amin H. Nasser, CEO of Aramco, the Saudi national oil company, said earlier this year that he expected the kingdom to massively invest in the Saudi gas sector over the next ten years. Mr. Nasser envisioned gas production increasing from 14 billion standard cubic feet to 23 billion by 2030.

“We are looking to shift from only satisfying our utility industry in the kingdom, which will happen especially with the increase in renewable and nuclear to be an exporter of gas and gas products,” Mr. Nasser said.

Qatar laid down its marker a year ago when it decided to leave OPEC, the cartel of oil exporting countries, to focus on its gas exports.

Speaking at the time, Qatari energy minister Saad Sherida al-Kaabi, articulated what is likely to shape the Gulf state’s policy even if the boycott is lifted.

“We are not saying we are going to get out of the oil business, but it is controlled by an organization managed by a country,” Mr. Al-Kaabi said.

Qatar, he said, was unwilling “to put efforts and resources and time in an organization that we are a very small player in, and I don’t have a say in what happens.”

Continue Reading

Middle East

U.S. Foreign Policy Threats to Israel’s National Security: Strategic Imperatives for Jerusalem

Prof. Louis René Beres

Published

on

“Things fall apart; the center cannot hold.”-W.B. Yeats, The Second Coming

Though U.S. President Donald Trump describes himself as pro-Israel, any seriously analytic assessment of his foreign policies would point toward a different conclusion. On the surface, of course, Mr. Trump’s earlier transfer of America’s embassy to Jerusalem, his recent acceptance of Israel’s established West Bank settlements and his undiminished rhetorical support of Israel’s overall security posture suggest a sympathetic U.S. administration. Still, however unwitting or unintentional, the actual expected consequences of Trump foreign policies are sorely injurious for Israel, not gainful.

As for the tangible dangers posed by these policies, they could be sudden and immediate or incremental and long-term.

For doubters, core examples are readily available. These include the American president’s strengthening of certain leading Sunni Arab military forces (as a presumptive counter-vailing power to Shiite Iran) and his declared U.S. departure from Syria. Already, this staged withdrawal is emboldening Hezbollah.

At this particular stage, for Israel, the well-organized Shiite militia supervised from Tehran poses a greater overall strategic threat than any traditional Arab army. In specific reference to a commonly perceived threat from Iran, Saudi and Egyptian military objectives are now more closely aligned with Israeli security goals than once might have even been thought possible. Still, in predictably short order, those Sunni Arab states joined together in a common Trump-led struggle against Shiite Iran could falter in their apparent allegiance. Any such substantial weakening could be triggered by altogether reasonable fears that a US-generated war with Iran would produce irrecoverable harms.

 One unintended corollary of any such Sunni-Arab weakening could be a more militarily capable and worrisome regime in Teheran and Moscow.

All things considered, and however one might choose to analyze Israel’s dynamic geopolitical challenges[1] – a task that must inevitably prove both multi-layered and expansively complex[2] – Donald Trump’s foreign policies will remain determinably “net-negative” for the country’s national security.[3] Upon considered reflection, the American president’s conspicuous policy declarations concerning Israel’s “eternal capital,” its West Bank settlements and its enduring access to conventional arms transfers will provide few if any strategic benefits to Israel. Moreover, from an international law perspective, these declarations will prove essentially irrelevant.[4]

In Israel, it is time to inquire: what is the bottom line? The correct response? It is that the Trump presidency, even if well-intentioned toward the Jewish State, lacks sufficient intellectual resources. Longer-term, this seat-of-the-pants or “doctrine-free” American administration is likely to become as darkly injurious for Israel as it has already become for the United States. This U.S. presidency, after all, believes more in “attitude, than preparation;” in virtually all matters of substance, it remains determinedly anti-historical and anti-intellectual. Also, this presidency is glaringly unconcerned about peremptory human rights, as evidenced, inter alia, by Trump’s flagrantly open abandonment of America’s Kurdish allies.

For Israel, the salient message here should be clear. This abandonment should stand as an unambiguous warning against placing too much faith in American security pledges or commitments, especially during the persistently dissembling “Trump Era.”

There is more. From the start, North Korean nuclear negotiations have been mismanaged by Trump; correspondingly, Pyongyang continues to expand and modernize its advanced nuclear weapons missile programs.[5] While the American president has repeatedly drawn false comfort from “falling in love” with Kim Jung Un (a demonstrably unrequited love), the North Korean dictator makes any once-credible hopes for “complete denuclearization” unassailably nonsensical.

Similarly, Mr. Trump’s unilateral U.S. withdrawal from the July 2015 JCPOA pact concerning Iran has accelerated that adversarial state’s worrisome nuclearization. Ominously, too, fearful strategic nuclear/hypervelocity missile developments are expanding in Russia, a superpower foe which sees in this unreflective American president an optimally convenient surrogate for achieving Moscow’s national military goals.

The principal reason for identifying the unreliability/unpredictability of US President Donald Trump’s foreign policy for Israeli security is intellectual. Persistently, wittingly, Donald Trump has revealed a near-total lack of historic or strategic understanding, and a derivative disregard for all constitutive elements of civilized international relations.[6] In Jerusalem and Tel Aviv, the following  critical question ought soon be posed:

Should those officials responsible for meeting Israel’s security obligations place their existential bets on such evidently fragile analytic foundations?

It’s not a complicated question.

The comprehensive security dilemma for Israel posed by U.S. President Trump is augmented by various similarly serious jurisprudential deficits. These legal shortcomings include an apparent unconcern for certain “peremptory” obligations of national and international law.[7]  Without suitable embarrassment, this president has argued that he maintains a personal right to override US Constitutional expectations concerning birthright and US citizenship, and that the US had properly terminated its codified obligations under the INF Treaty with Russia.

Regarding the specific matter of this president’s INF Treaty termination, which was not ipso facto illegal, the deleterious security outcome could still prove multi-faceted and broadlyoverwhelming.

More concretely, this more-or-less negative outcome could be made manifest in certain measurable or indecipherable increments, or rather in sudden “bolt-from-the-blue” enemy attacks. Often, because the foreign and defense policies of nation-states are not only intersecting, but “synergistic” (situations wherein the “whole” would be greater than the aggregate sum of its “parts”), these attacks would not necessarily stem directly from Russia.[8] Instead, they could represent a derivative but by no means insignificant nuclear involvement of North Korea.

One conceivably plausible outcome of various Trump-induced misunderstandings will be a continuously-expanding nuclear arms race between the superpowers.[9]  For Israel in particular, any such corrosive expansion could spawn serious “spillover” risks for itself and for the wider Middle East.[10] Taken together, these mutually-reinforcing risks would concern incessant destabilization, terror and war, and could present in many possible configurations and/or synergistic interactions.[11]

 President Donald Trump’s earlier “seat-of-the-pants” withdrawal of the United States from the JCPOA pleased his political “base” at home, but it also enlarged the overall Iranian nuclear threat to Israel.[12]  Looking back, even if the JCPOA had been a manifestly imperfect agreement – a reasonable judgment – it did not necessarily follow that unilateral abrogation would be in America’s or Israel’s best interest. Once again, the major problem here with Donald Trump’s strategic assessment was that it was wholly devoid of any logical or persuasively analytic underpinnings.

It derived from “attitude, not preparation.”

There is more. For Israel, there is a relevant early history. Then, openly, presidential candidate Donald Trump had advised “killing the families” of terrorists and being less openly concerned about humanitarian international law –  that is, about the civilizing rules of engagement found collectively at the Law of War or the Law of Armed Conflict.[13] In essence, inter alia, heeding this president’s lawless counsel on such a salient matter would have amounted to a US reversal of incontrovertible Nuremberg Principles.[14]

Such a law-violating reversal would carry unforeseeable but still fearful consequences involving nuclear weapons and nuclear war.

All things considered, Israel now faces a unique and markedly complex dilemma. Whatever the logical underpinnings and determined coherence of its own unilateral foreign policies, President Donald Trump’s continuing missteps with Syria,[15] Iran, Russia, China, Yemen, Venezuela, North Korea, Saudi Arabia and certain still-compliant European allies will further destabilize the Middle East – directly or indirectly; and suddenly or incrementally. Whatever Jerusalem should decide to do or not to do about the “big picture” – a security vision that must include the tangible emergence of “Cold War II”[16] – this unsteady region could slip irretrievably into ever-deeper levels of authentic “chaos.”[17]

The most presently meaningful question for Jerusalem should concern whether this slippage is apt to be the immediate result of some Trump-generated catastrophe, or whether it will manifest itself instead in certain calculable and episodic bouts of Trump policy-induced suffering.

With this query in mind, one critical issue must concern imperative re-evaluations of “deliberate nuclear ambiguity.”[18]

To date, the “bomb-in-the-basement” policy has made eminently good sense for Israel.  Presumptively, both friends and foes already recognize that Israel possesses significant nuclear capabilities that are (1) survivable; and (2) capable of penetrating any determined enemy’s active defenses. For these adversaries not to acknowledge these capabilities would require a very hard-to-explain and implausibly generalized intellectual deficit.

Going forward, what should Israel do about its vital nuclear posture? How, exactly, should this traditionally ambiguous stance be adapted to the convergent and inter-penetrating threats of potentially still-impending Middle Eastern/North African revolutions, a nuclear Iran,[19] and Israel’s justifiably constant concern about negotiating useful agreements with various state[20] and sub-state (terrorist) organizations.[21]

The conventional wisdom routinely assumes that credible nuclear deterrence is somehow an automatic consequence of merely holding nuclear weapons. By this argument, removing Israel’s nuclear bomb from the “basement” would only elicit new waves of global condemnation, and would do this without returning any commensurate benefits.

History, however, reveals that the conventional wisdom is often unwise. The pertinent strategic issues for Israel are not at all simple or straightforward.  Instead, in the inherently arcane world of Israel’s nuclear deterrence, it can never be adequate that enemy states merely acknowledge the Jewish State’s nuclear status. Instead, it is important that these states further believe that Israel holds usable nuclear weapons, and that Jerusalem/Tel-Aviv would be willing to employ such weapons in certain definably clear circumstances.[22]

Still to be generated Trump instabilities in the Middle East could create more good reasons to doubt that Israel would benefit from any uninterrupted continuance of deliberate nuclear ambiguity. It would seem, moreover, from certain apparent developments within Israel’s intersecting defense and intelligence communities, that the country’s senior leadership already understands such informed skepticism. To best augment such an understanding, however, Israel’s nuclear strategists should proceed interrogatively – in effect, creating a continuously self-refining “strategic dialectic” from which suitable answers and policies could be incrementally extracted and/or systematically deduced.[23]

This will call for refined “preparation,” not “attitude.”

One basic point now warrants reiteration.  Israel is imperiled by existential threats that fully justify its nuclear weapons and that require a correspondingly purposeful strategic doctrine. This basic need exists beyond any reasonable doubt. After all, without such weapons and doctrine, Israel could not expectedly survive over time, especially if certain neighboring regimes should sometime become still more adversarial, more jihadist and/or less risk-averse.  

Israeli nuclear weapons and purposeful nuclear doctrine could prove vital to those more-or-less predictable scenarios requiring preemptive action or suitable forms of retaliation.

Generically, military doctrine describes how a country’s national forces would fight in various recognizable combat operations. The literal definition of doctrine derives from the Middle English, from the Latin doctrina, meaning teaching, learning, and instruction. Though generally unanticipated, the full importance of doctrine lies not only in ways that it can animate and unify military forces, but also in the particular fashion that it can transmit certain desired “messages.” In other words, doctrine can serve a state (especially an endemically beleaguered state such as Israel) as a critical form of communication, and to its friends and foes alike.

Israel could benefit from any such broadened understandings of doctrine. The principal risks facing Israel are now more specific than broadly general or benignly generic. This is because Israel’s extant adversaries in the region could at some point be joined by: (1) a new Arab state of “Palestine;”[24] and by (2) a newly-nuclear Iran.  In the presumptively worst case,  any such inauspicious “joining” would take place at the same time.[25]

For Israel, merely possessingnuclear weapons, even when fully recognized by pertinent enemy states, could never by itself ensure successful deterrence. In this connection, though starkly counter-intuitive, an appropriately selective and nuanced end to deliberate ambiguity could substantially improve the overall credibility of Israel’s nuclear deterrent.  With this key point prominently in mind, the injurious potential of assorted enemy attacks in the future could be reduced by making selectively available certain additional information.

This additional information would concern the security of Israel’s nuclear weapon response capabilities.

Carefully limited yet helpfully more explicit, it would center on distinctly major and inter-penetrating issues of Israel’s nuclear capability andits decisional willingness.

 Skeptics, no doubt, will disagree. It is, after all, seemingly sensible to assert that nuclear ambiguity has “worked” thus far. Arguably, while Israel’s current nuclear policyhas done little to deter multiple conventional terrorist attacks, it has plainly succeeded in keeping that country’s enemies, whether singly or in collaboration, from mounting any existential aggressions.

Inevitably, as the nineteenth-century Prussian strategic theorist, Karl von Clausewitz, observed in his classic essay, On War, there can come a military tipping point when “mass counts.” Israel, of course, is very small.  Its enemies have always had an undeniable and irreversible advantage in “mass.”   Perhaps even more than any other imperiled state on earth, Israel needs to steer clear of any such tipping point.[26]

For the several reasons already mentioned, this imperative is more compelling in the Trump years than before, even if the American president is more expressly “pro-Israel” in his rhetoric and policy formulations than his predecessor.

 An integral part of Israel’s multi-layered security system lies in effective ballistic missile defenses, primarily, the Arrow or “Hetz.” Yet, even the well-regarded and successfully-tested Arrow, augmented by the newer, shorter-range and systematically-integrated operations of “Iron Dome,” “David’s Sling,” and various related active defenses, could never achieve a sufficiently high probability of intercept to adequately protect Israeli civilians. No system of missile defense can ever be entirely “leak proof,” and even a single incoming nuclear missile that manages to penetrate Arrow or its corollary defenses could conceivably kill tens or perhaps hundreds of thousands of Israelis.

Potentially, this fearful reality could prove less consequential if Israel’s continuing reliance on deliberate ambiguity were suitably revised or altered.

 In essence, current Israeli policy of maintaining an undeclared nuclear capacity is unlikely to work indefinitely. Leaving aside a jihadist takeover of nuclear Pakistan,[27] the most obviously unacceptable “leakage” threat would come in the future from a nuclear Iran. To be effectively deterred, any newly-nuclear Iran would then need certain convincing assurances that Israel’s atomic weapons were both invulnerable and penetration-capable.

Any Iranian judgments about Israel’s capability and willingness to retaliate with nuclear weapons would then depend largely upon some prior Iranian knowledge of these weapons, including their perceived degree of protection from surprise attack and their presumed capacity to “punch-through” certain relevant Iranian defenses, both active and passive.

A nuclear weapons-capable Iran may already be a fait accompli. For whatever reasons, neither the “international community” in general nor Israel in particular has managed to create sufficient credibility to undertake timely preemptive action. Plausibly, any such critical defensive action would have required various complex operational capabilities, and could have generated manifestly unacceptable Iranian counter actions.

It is likely that Israel has already undertaken some very impressive and original steps in cyber-defense and cyber-war, but even the most remarkable efforts in this direction would not be enough to stop Iran altogether. The sanctions sequentially leveled at Tehran over the years have had an economic impact, but  they have also had no determinable impact in halting Iranian nuclearization altogether or stopping Tehran’s discernible enhancements of intercontinental ballistic missile potential.

In time, a nuclear Iran could decide to share some of its nuclear components and materials with Hezbollah or with another kindred terrorist group.To prevent this destabilizing sharing, Jerusalem would need to convince Iran, inter alia, that Israel possesses a useful range of distinctly usable nuclear options.  Accordingly, Israeli nuclear ambiguity could be loosened by releasing certain very general information regarding the availability and survivability of appropriately low-yield weapons.

Israel should now be calculating (vis-à-vis a prospectively nuclear Iran) the exact extent of subtlety with which it should consider communicating key portions of its nuclear positions.[28] Naturally, Israel should never reveal any very specific information about its nuclear strategy, hardening or yield-related capabilities.

One more point. An Israeli move from ambiguity to disclosure would not help in the case of an irrational nuclear enemy. It is possible, at least, that certain elements of Iranian leadership might sometime subscribe to certain end-times visions of a Shiite apocalypse. By definition, such an enemy would not value its own continued national survival more highly than every other preference or combination of preferences.           

Were its leaders to be or turn non-rational, Iran could effectively become a nuclear suicide-bomber in macrocosm.  Such a challenging prospect is certainly improbable, perhaps even at the very outer fringes of plausibility. But it is also not inconceivable. A similarly serious prospect obtains in already-nuclear and residually coup-vulnerable Pakistan.  

To protect itself against military strikes from irrational enemies, particularly those attacks that could carry existential costs, Israel will need to reconsider virtually every aspect and function of its nuclear arsenal and doctrine.[29]

Removing the bomb from Israel’s “basement” could enhance Israel’s strategic deterrence to the extent that it would heighten enemy perceptions of the severe and likely risks involved. This would also bring to mind a so-called Samson Option, which could allow various enemy decision-makers to note and underscore that Israel is prepared to do whatever is needed to survive.[30]

 Irrespective of its preferred level of ambiguity, Israel’s nuclear strategy must always remain correctly oriented toward deterrence, and not war-fighting. The Samson Option refers to a policy that would be based in part upon some implicit threat of massive nuclear retaliation for certain specific enemy aggressions.  Israel’s small size means, among other things, that any nuclear attack would threaten Israel’s existence and could never be tolerated.

A Samson Option would make sense only in certain “last-resort” or “near last-resort” circumstances. If the Samson Option is to become part of a genuinely credible national deterrent, an end to Israel’s deliberate ambiguity posture would be essential. The really tough part of this transformational process would be determining the proper timing for any such action vis-à-vis Israel’s core security requirements, and also pertinent expectations of the so-called “international community.”[31]

The Samson Option should never be confused with Israel’s overriding security objective: Always seek stable deterrence at the lowest possible levels of military conflict.

There is more. In our often counter-intuitive strategic world, it could sometimes become rational to pretend irrationality. The nuclear deterrence benefits of pretended irrationality would depend, at least in part, upon a designated enemy state’s awareness of Israel’s intention to apply counter-value targeting when responding to nuclear attack.

But Israeli decision-makers would need to be wary of releasing too-great a level of any specific strategic information. Also worrisome, of course, is that the American president could be perceived as authentically irrational,[32] thereby prodding “anticipatory preemptions”[33] against the US directly, or (depending upon particulars) certain close U.S. allies.  Israel represents a prospectively obvious case in point.[34]

None of this is meant to suggest that an Israeli movement away from deliberate nuclear ambiguity would be prospectively helpful only on matters involving specifically nuclear threats. Plausibly, of course, the credibility and cost-effectiveness of any Israeli nuclear retaliatory threat would be greatest where the expected aggression were similarly nuclear. Still, there are recognizable circumstances in which a determined enemy or coalition of enemies might contemplate launching “only” a devastating conventional first-strike against Israel, and conclude that such an offensive move would be sensible because it would not expectedly elicit an Israeli nuclear retaliation.

In such altogether conceivable circumstances,[35] the enemy state or coalition of enemy states would have concluded that any non-nuclear first strike against a nuclear Israel, however massive, would be perfectly rational. This is because the Jewish State’s anticipated retaliation would presumably stop short of being nuclear.

If, however, the expected aggressor(s) had previously been made aware that Israel was in possession of a wide-array of capable and secure nuclear retaliatory forces, both ion terms of their range and yield, these enemies would more likely be successfully deterred. Here, as a distinctly welcome consequence of various incremental and previously nuanced disclosures, Jerusalem will have signaled its pertinent adversaries that it can and will cross the nuclear retaliatory threshold in order to punish any potentially existential national harms.

In more narrowly military parlance, Israel’s actions here would be designed to better ensure “escalation dominance.” In this scenario, moreover, the relevant nuclear deterrence advantages to Israel of taking certain movements away from “deliberate nuclear ambiguity” would lie in the uniquely compelling signal that it sends. This “signal” is that Israel will not necessarily need to retaliate with massive and conspicuously disproportionate nuclear force.

It will have available certain other more readily believable retaliatory options.

Such tangible advantages could also extend beyond the enhancement of credible threats of Israeli nuclear retaliation to supporting credible threats of Israeli nuclear counter-retaliation. If, for example, Israel should initiate a non-nuclear defensive first-strike against Iran before that state becomes nuclear capable (not an “aggression,”[36]  but an act of “anticipatory self-defense” under international law[37]), the likelihood of any massive Iranian conventional retaliation could best be diminished if there were certain more openly disclosed and prior Israeli threats of aptly measured nuclear counter retaliations. In essence, and in illuminating historical terms, by following an incremental path away from “deliberate nuclear ambiguity” Israel would less likely replicate America’s much earlier nuclear posture vis-à-vis the then Soviet Union, that is a posture of threatening “massive retaliation.”[38]

 In the final analysis, there are various specific and valuable critical security benefits that would likely accrue to Israel as the result of any purposefully selective and incremental end to deliberate nuclear ambiguity. The optimal time to begin such an “end” may not yet have come. But at the moment that Iran or any other obvious foe would have verifiably crossed the nuclear threshold, that critical time will have arrived.  Moreover, should that critical moment come, Israel should already have configured (1) its optimal allocation of nuclear assets; and (2) the precise extent to which this particular configuration should now be disclosed.

 Significantly, such preparation could meaningfully enhance the credibility of Israel’s nuclear deterrence posture.

A fully-recognizablesecond-strike nuclear force should then be revealed. Of necessity, such a robust strategic force – hardened, multiplied, and dispersed – would be fashioned to inflict a decisive retaliatory blow against major enemy cities. Iran or another prospective nuclear adversary, so long as it is led by presumptively rational decision-makers, should be made to understand that the actual costs of any planned aggressions against Israel would always exceed any conceivable gains.

To more comprehensively protect itself against potentially irrational nuclear adversaries, Israel still has no logical alternative to developing an always- problematic conventional preemptionoption.[39] Operationally, especially at this very late date, there could be no reasonable assurances of any success against multiple hardened and dispersed targets. Regarding deterrence, however, it is also noteworthy that “irrational” is not nearly the same as “crazy” or “mad.”[40] An irrational enemy leadership could successfully maintain national preference orderings or hierarchies that are both consistent and transitive.

Even an irrational leadership could sometime be subject to threats of deterrence that credibly threaten certain deeply held religious as well as public values. The principal difficulty, for Israel, is to routinely ascertain the precise nature of these core enemy values. Should it sometime be determined that an Iranian leadership were genuinely “crazy” or “mad,” that is, without any decipherable or predictable ordering of preferences, all usual deterrence “bets” could necessarily give way to preemption.     

By definition, such vital determinations would be strategic, rather than jurisprudential. From the discrete standpoint of international law, and perhaps in view of Iran’s occasionally genocidal threats against Israel, a preemption option could still represent a fully permissible expression of anticipatory self-defense.[41] Again, this purely legal judgment would be separate from any parallel or coincident assessments of operational success. For now, at least, these assessments all point overwhelmingly to the avoidance of any still-residual preemption option.[42]

Whether or not a prompt or incremental shift from deliberate nuclear ambiguity to express nuclear disclosure is indicated will depend upon several very complex and interdependent factors. These factors include the specific types of nuclear weapon involved; the presumed reciprocal calculations of designated enemy leaders (state and sub-state); the expected effects on rational decision-making processes by these enemy leaders; and the expected effects on both Israeli and adversarial command/control;/communication processes. Correspondingly, if bringing Israel’s bomb out of the “basement” were ever expected to produce selected enemy pre-delegations of nuclear launch authority and/or new and seemingly less stable launch-on-warning procedures, the likelihood of certain unauthorized or accidental nuclear wars could be increased.

In many ways, growing instability in the Middle East is the plausible outcome of  US President Donald Trump’s disjointed foreign policies.[43] Such instability, in turn, could heighten the potential for assorted expansive and prospectively unconventional wars. Israel, it follows, must continue to prepare capably to upgrade its strategic posture, especially its national military nuclear strategy and its corollary longstanding policy of deliberate nuclear ambiguity.

 Otherwise, recalling the Irish poet W.B. Yeats, Israel and America could sometime have to bear witness to abundantly measureless lamentations; that is, to the irremediably grievous observation that because of once-avoidable US White House derelictions, “…. the center cannot hold.”


[1] See, for example, latest INSS Strategic Survey (Israel): https://www.inss.org.il/publication/conclusion-strategic-assessment-policy-recommendations/

[2] “Whenever the new Muses present themselves,” says Spanish existentialist philosopher Jose Ortega y’ Gasset, “the masses bristle.” See Ortega’s The Dehumanization of Art (1925) (Princeton: Princeton University Press, 1948), p. 7.

[3] A 2016 monograph published in Israel examines Israel-American strategic relations from the opposite direction; that is, it considers the impact of Israel’s nuclear strategy on US national security. See Louis René Beres and General (USA/ret.) Barry R. McCaffrey, Israel’s Nuclear Strategy and America’s National Security, Tel-Aviv University, Yuval Ne’eman Workshop for Science, Technology and Security, December 2016:  https://sectech.tau.ac.il/sites/sectech.tau.ac.il/files/PalmBeachBook.pdf 

[4] In all such scholarly examinations of any nation-state’s security policy, operational issues must be carefully distinguished from jurisprudential ones. Accordingly, Trump US foreign policy decisions could prove harmful to certain Israeli military operations, but helpful to that country’s legal position in one setting or another, or vice-versa.

[5] Earlier, North Korea had assisted Syria in constructing a nuclear reactor, the same facility that was destroyed by Israel in it Operation Orchard on September 6, 2007. Although operationally unlike Israel’s earlier (June 7, 1981) Operation Opera, this second preemptive attack in the Deir ez-Zor region of Syria was also an expression of the so-called “Begin Doctrine.”

[6] Even in the midst of an historic or “Westphalian” anarchy in international relations, there obtains a dominant jurisprudential assumption of solidarity between states. This fundamental expectation is already mentioned in Justinian, Corpus Juris Civilis (533 C.E.); Hugo Grotius, 2 De Jure Belli Ac Pacis Libri Tres, Ch. 20 (Francis W. Kesey, tr., Clarendon Press, 1925) (1690); and Emmerich De Vattel, 1 Le Droit des Gens, Ch. 19 (1758).

[7] Under international law, the idea of a Higher Law – drawn originally from the ancient Greeks and ancient Hebrews – is contained, inter alia, within the principle of jus cogens or peremptory norms. In the language of pertinent Article 53 of the Vienna Convention on the Law of Treaties (1969: “A peremptory norm of general international law….is a norm accepted and recognized by the international community of States as a whole, as a norm from which no derogation is permitted, and which can be modified only by a subsequent norm of general international law having the same character.” Also worth pointing out here is that international law is always an integral part of US law, an incorporation that can be found both in the US Constitution (especially at Article 6, “The Supremacy Clause”) and at various US Supreme Court decisions, most famously at The Pacquete Habana (1900).

[8] Still, the US force withdrawal from Syria will plausibly exacerbate risks of a direct Israel-Russia confrontation. See, on this scenario:  https://www.jpost.com/Opinion/Avoiding-an-Israeli-Russian-conflict-in-Syria-after-US-withdrawal-577015  More generally, this withdrawal will enhance Russian power and influence in the Middle East, a deleterious consequence for Israel that may or may not accurately reflect Trump’s intentions. Though it would first appear prima facie absurd that an American president would actually seek to expand rather than curtail Russian military power, such an expectation would be fully consistent with several other unexpected policy positions taken by Trump vis-à-vis Vladimir Putin.

[9] See Louis René Beres, “Nuclear Treaty Abrogation Imperils Global Security,” Yale Global Online November 1, 2018   https://yaleglobal.yale.edu/content/nuclear-treaty-abrogation-imperils-global-security

[10] Risks threatening Israel’s security may form an intricately interconnected network. Purposeful assessments of such risk must always include a patient search for possible synergies and for potential cascades of failures that would represent an especially serious iteration of synergy. Other risk properties within this genre that will warrant careful assessment include contagion potential and persistence.

[11] The worst case scenario here brings to mind utterly core queries of the ancient Greek tragedian: “Where will it end? When will it all be lulled back into sleep, and cease, the bloody hatred, the destruction?” (1 The Complete Aeschylus: The Oresteia 146, Peter Burian and Alan Shapiro, eds., 2nd ed., 2011).

[12] Regarding earlier strategic assessments of prospective nuclear threats from Iran, see Louis René Beres and John T. Chain (General/USAF/ret.), “Could Israel Safely Deter a Nuclear Iran”? The Atlantic, August, 2012; and also: Professor Louis René Beres and General John T. Chain, “Israel and Iran at the Eleventh Hour,” Oxford University Press (OUP Blog), February 23, 2012. General Chain was Commander-in-Chief, U.S. Strategic Air Command (CINCSAC).

[13] In large measure, the law of armed conflict is concerned with the principle of proportionality, which has its jurisprudential and philosophic origins in the Biblical Lex Talionis, or the law of exact retaliation. Specifically, the “eye for eye, tooth for tooth” posture can be found in three separate passages of the Jewish Torah or Biblical Pentateuch.

[14] These Principles – like the Nuremberg trial judgment itself – are based fundamentally upon natural law. In turn, the very idea of natural law is based upon the acceptance of certain principles of right and justice that prevail solely because of their own intrinsic merit.  Eternal and immutable, they are external to all acts of human will and interpenetrate all human reason.  This idea and its attendant tradition of human civility runs continuously from Mosaic Law and the ancient Greeks and Romans to the present day.  For a comprehensive and far-reaching assessment of the natural law origins of international law by this writer, see Louis René Beres, “Justice and Realpolitik:  International Law and the Prevention of Genocide,” The American Journal of Jurisprudence, Vol. 33, 1988, pp. 123-159.  (This article was adapted from Professor Beres’ earlier presentation at the International Conference on the Holocaust and Genocide, Tel-Aviv, Israel, June 1982.)

[15] For Israel, Mr. Trump’s disjointed plan to pull US forces from Syria can only be disadvantageous. See, earlier, https://www.jpost.com/Opinion/Avoiding-an-Israeli-Russian-conflict-in-Syria-after-US-withdrawal-577015

[16] Hypothesizing the emergence of “Cold War II” means expecting that the world system is becoming increasingly bipolar. For early writings, by this author, on the global security implications of just such an expanding bipolarity, see: Louis René Beres, “Bipolarity, Multipolarity, and the Reliability of Alliance Commitments,” Western Political Quarterly, Vol. 25, No.4., December 1972, pp. 702-710; Louis René Beres, “Bipolarity, Multipolarity, and the Tragedy of the Commons,” Western Political Quarterly, Vol. 26, No.4., December 1973, pp, 649-658; and Louis René Beres, “Guerillas, Terrorists, and Polarity: New Structural Models of World Politics,” Western Political Quarterly, Vol. 27, No.4., December 1974, pp. 624-636.

[17] See this writer’s latest book, Louis René Beres, Surviving Amid Chaos: Israel’s Nuclear Strategy (Rowman & Littlefield, 2016; 2nd ed., 2018).

[18] In regard to the core underlying issue –  Israel’s right to develop and deploy nuclear weapons – the following point is worth emphasizing: No state is under any per se legal obligation to renounce its own access to nuclear weapons; under certain markedly residual circumstances, moreover, even an actual resort to such weapons could conceivably be lawful. On July 8, 1996, the International Court of Justice handed down its Advisory Opinion on “The Legality of the threat or Use of Force of Nuclear Weapons.” The closing paragraph of this Opinion concludes, inter alia: “The threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law. However, in view of the current state of international law, and of the elements of fact at its disposal, the Court cannot conclude definitively whether the threat or use of nuclear weapons would be lawful or unlawful in an extreme circumstance of self-defense, in which the very survival of a State would be at stake.”

[19] On these core points, see: Israel’s Strategic Future: Project Daniel, The Project Daniel Group (Louis René Beres, Chair), Ariel Center for Policy Research, ACPR Policy Paper No. 155, Israel, May, 2004. This special report was delivered by hand to Prime Minister Ariel Sharon on January 16, 2003 by Ambassador Zalman Shoval. The Group’s six members were: Professor Louis René Beres (Chair); Naaman Belkind, former Assistant to the Israeli Deputy Minister of Defense for Special Means; Major-General /Professor Isaac Ben-Israel (IDF/ret.); Dr. Rand Fishbein; Dr. Adir Pridor, Lt. Colonel (ret.), Israel Air Force, and Head of Military Analyses, RAFAEL, Israel; and Colonel (ret.), Israel Air Force and Member of Knesset, Yoash Tsiddon-Chatto.

[20] The agreements that put an end to the first Arab-Israeli War (1947-1949) were general armistice agreements negotiated bilaterally between Israel and Egypt on February 24, 1949 (42 U.N.T.S. 251-70, 1949); Israel and Lebanon on March 23, 1949 (42 U.N.T.S. 287-98. 1949); Israel and Jordan on April 3, 1949 (42 U.N.T.S. 303-20, 1949); and between Israel and Syria on July 20, 1949 (42 U.N.T.S. 327-40, 1949). 

[21] Regarding the antecedent legal obligations of certain sub-state or insurgent surrogates, Israel must remain wary about signing pacts resembling the Oslo Agreements, inter alia, because such agreements can impose unequal obligations. In this connection, several U.S. federal court decisions affirm that legal agreements between sub-state and state parties may even impose asymmetrical compliance expectations. More precisely, in the case of Tel-Oren v. Libyan Arab Republic, a 1981 civil suit in U.S. federal court wherein the plaintiffs were Israeli survivors and representatives of persons murdered in a terrorist bus attack in Israel in 1978, Circuit Judge Harry T. Edwards opined: “…I do not believe the law of nations imposes the same responsibility or liability on non-state actors, such as the PLO, as it does on states and persons acting under color of state law.”

[22] There are two recorded incidents in which an explicit reference was made to Israel’s “bomb” by a prime minister, but neither of these events went beyond a purely vague and general commentary. On December 22, 1995, then Prime Minister Shimon Peres had declared to the Israeli press that Israel would be willing “to give up the atom” in exchange for peace. Years later, on December 11, 2006, Prime Minister Ehud Olmert uttered a very similar remark.

[23] The base term, “dialectic,” originates from the Greek expression for the art of conversation. A common contemporary meaning is method of seeking truth by correct reasoning. From the standpoint of shaping Israel’s nuclear strategy, the following representative operations could be regarded as essential but nonexclusive components: (1)a method of refutation conducted by examining logical consequences; (2) a method of division or repeated logical analysis of genera into species; (3) logical reasoning using premises that are probable or generally accepted; (4) formal logic; and (5) the logical development of thought through thesis and antithesis to fruitful synthesis of these opposites.

[24] Some Israeli supporters of a Palestinian state argue that its prospective harms to Israel could be reduced or even eliminated by ensuring that new state’s immediate “demilitarization.” But for informed reasoning contra this argument, see: Louis René Beres and (Ambassador) Zalman Shoval, “Why a Demilitarized Palestinian State Would Not Remain Demilitarized: A View Under International Law,” Temple International and Comparative Law Journal, Winter 1998, pp. 347-363; and Louis René Beres and Ambassador Shoval, “On Demilitarizing a Palestinian `Entity’ and the Golan Heights: An International Law Perspective,” Vanderbilt Journal of Transnational Law, Vo. 28., No.5., November 1995, pp. 959-972.

[25] For much earlier writings by this author concerning the prospective impact of a Palestinian state on Israeli nuclear deterrence and Israeli nuclear strategy, see: Louis René Beres, “Security Threats and Effective Remedies: Israel’s Strategic, Tactical and Legal Options,” Ariel Center for Policy Research (Israel), ACPR Policy Paper No. 102, April 2000, 110 pp; Louis René Beres, “After the `Peace Process:’ Israel, Palestine, and Regional Nuclear War,” DICKINSON JOURNAL OF INTERNATIONAL LAW, Vol. 15, No. 2., Winter 1997, pp. 301-335; Louis René Beres, “Limits of Nuclear Deterrence: The Strategic Risks and Dangers to Israel of False Hope,” ARMED FORCES AND SOCIETY, Vol. 23., No. 4., Summer 1997, pp. 539-568; Louis René Beres, “Getting Beyond Nuclear Deterrence: Israel, Intelligence and False Hope,” INTERNATIONAL JOURNAL OF INTELLIGENCE AND COUNTERINTELLIGENCE, Vol. 10., No. 1., Spring 1997, pp. 75-90; Louis René Beres, “On Living in a Bad Neighborhood: The Informed Argument for Israeli Nuclear Weapons,” POLITICAL CROSSROADS, Vol. 5., Nos. 1/2, 1997, pp. 143-157; Louis René Beres, “Facing the Apocalypse: Israel and the `Peace Process,'” BTZEDEK: THE JOURNAL OF RESPONSIBLE JEWISH COMMENTARY (Israel), Vol. 1., No. 3., Fall/Winter 1997, pp. 32-35; Louis René Beres and (Ambassador) Zalman Shoval, “Why Golan Demilitarization Would Not Work,” STRATEGIC REVIEW, Vol. XXIV, No. 1., Winter 1996, pp. 75-76; Louis René Beres, “Implications of a Palestinian State for Israeli Security and Nuclear War: A Jurisprudential Assessment,” DICKINSON JOURNAL OF INTERNATIONAL LAW, Vol. 17., No. 2., 1999, pp. 229-286; Louis René Beres, “A Palestinian State and Israel’s Nuclear Strategy,” CROSSROADS: AN INTERNATIONAL SOCIO-POLITICAL JOURNAL, No. 31, 1991, pp. 97-104; Louis René Beres, “The Question of Palestine and Israel’s Nuclear Strategy,” THE POLITICAL QUARTERLY, Vol. 62, No. 4., October-December 1991, pp. 451-460; Louis René Beres, “Israel, Palestine and Regional Nuclear War,” BULLETIN OF PEACE PROPOSALS, Vol. 22., No. 2., June 1991, pp. 227-234; Louis René Beres, “A Palestinian State: Implications for Israel’s Security and the Possibility of Nuclear War,” BULLETIN OF THE JERUSALEM INSTITUTE FOR WESTERN DEFENCE  (Israel), Vol. 4., Bulletin No, 3., October 1991, pp. 3-10; Louis René Beres, ISRAELI SECURITY AND NUCLEAR WEAPONS, PSIS Occasional Papers, No. 1/1990, Graduate Institute of International Studies, Geneva, Switzerland, 40 pp; and Louis René Beres, “After the Gulf War: Israel, Palestine and the Risk of Nuclear War in the Middle East,” STRATEGIC REVIEW, Vol. XIX, No. 4., Fall 1991, pp. 48-55

[26] Even before the nuclear age, ancient Chinese strategist Sun-Tzu had recognized the importance of strategic depth. Although he did not use such a precisely modern term, Sun-Tzu did note expressly as follows: “If there is no place to go, it is fatal terrain.” See Sun-Tzu, The Art of War, Chapter 11, “Nine Terrains.”

[27] Pakistan has been tilting more recognizably toward small or tactical nuclear weapons, indicating a growing preference for “counterforce” or nuclear war fighting strategies of deterrence.  Since Pakistan announced its first test of the 60-kilometer Nasr ballistic missile back in 2011, that country’s emphasis upon smaller nuclear ordnance has been very conspicuously oriented toward the primary deterrence of conventional war.

[28] This also brings to mind the essential “seamlessness” of Israel’s nuclear deterrent. In this connection, see the recent joint article by Professor Beres and former Israeli Ambassador to the United States Zalman Shoval:  https://mwi.usma.edu/creating-seamless-strategic-deterrent-israel-case-study/

[29] “Everything is very simple in war,” says Clausewitz, in his classic discussion of “friction” in On War, “but the simplest thing is difficult.”

[30] See recent article by this author at Modern War Institute, West Point:  Louis Rene Beres, https://mwi.usma.edu/israel-samson-option-interconnected-world/

[31] Comments Emmerich de Vattel in his legal classic, The Law of Nations (1758): “The first general law, which is to be found in the very end of the society of nations, is that each nation should contribute as far as it can to the happiness and advancement of the other nations.”

[32] The Israeli nuclear strategist could benefit here from Basque philosopher Miguel de Unamuno’s instructive remark about the German philosopher Hegel: “Hegel made famous his aphorism that all the rational is real, and all the real is rational; but there are many of us who, unconvinced by Hegel, continue to believe that the real, the really real, is irrational – that reason builds upon irrationalities.”

[33] The term “preemption” has strategic but not legal meaning. Usually, it references a defensive military strategy that involves striking a presumed enemy first, with the more-or-less carefully calculated expectation that the only determinable alternative is to be struck first itself. A preemptive attack differs from a preventive attack in that the latter is launched merely out of an ongoing concern (whether correct or incorrect) to halt any longer term deterioration in a particular military balance, and not in response to any precise fear of imminent hostilities. As a preventive strike can never be per se permissible under international law, the distinction between preemptive and preventive war is always jurisprudentially important.

[34] Preemption has figured importantly in previous Israeli strategic calculations.  This was most glaringly apparent in the wars of 1956 and 1967, and also in the destruction of the Iraqi nuclear reactor in 1981.  Significantly, it was essentially the failure to preempt in October 1973 that contributed to heavy Israeli losses on the Egyptian and Syrian fronts during the Yom Kippur war, and almost brought about an Israeli defeat.  During January, May, and October 2013, Israel, understandably apprehensive about Damascus’ supply of military materials to Syria’s Hezbollah surrogates in Lebanon, preemptively struck pertinent hard targets within Syria itself. For a jurisprudential assessment of these undeclared but still-appropriate expressions of anticipatory self-defense, by this author, see: Louis René Beres, “Striking Hezbollah-Bound Weapons in Syria: Israel’s Actions Under International Law,” Harvard National Security Journal, Harvard Law School, Online, posted August 26, 2013.

[35] Even in such potentially fearsome circumstances, authoritative law stipulates that Israel must first seek to exhaust all peaceful remedies. A similar jurisprudential imperative can be found in Jewish religious law.  “When thou comest near to a city to fight against it,” proclaims Deuteronomy 20:10, “then proclaim peace to it.”  Maimonides also calls for diplomatic solutions before hostilities begin to milhemet mitzvah (a war commanded by the Torah or Pentateuch): “No war is declared against any nation before peace offers are made to it.”  The biblical commentator Abrabanel (1437-1508) argues not to hurry to go to war.  For more complete examinations of war in the Jewish tradition, consult Efraim Inbar, “War in Jewish Tradition,” The Jerusalem Journal of International Relations, Vol. 9, No. 2, June 1987, pp. 83-99.

[36] On the crime of “aggression,” see especially: RESOLUTION ON THE DEFINITION OF AGGRESSION, Dec. 14, 1974, U.N.G.A. Res. 3314 (XXIX), 29 U.N. GAOR, Supp. (No. 31) 142, U.N. Doc. A/9631, 1975, reprinted in 13 I.L.M. 710, 1974; and CHARTER OF THE UNITED NATIONS, Art. 51. Done at San Francisco, June 26, 1945. Entered into force for the United States, Oct. 24, 1945, 59 Stat. 1031, T.S. No. 993, Bevans 1153, 1976, Y.B.U.N. 1043.

[37] For a potentially contra view, see: See Ian Brownlie, International Law and the Use of Force by States, 272-73 (1963) (asserting that the United Nations Charter modified the international custom of anticipatory self-defense and that self-defense is justified only in response to an actual armed attack); Wright, The Cuban Quarantine, 57 AM J. INT’L L. 546, 559-63 (1963) (interpreting Article 51 in conjunction with Article 33 to allow only a “peaceful means” of dispute resolution and a prohibition on the use of unilateral force until an actual armed conflict occurred); L. HENKIN, HOW NATIONS BEHAVE 141-44 (2d ed. 1979) (arguing that the Charter restricts the traditional right of self-defense to those situations where an armed attack has occurred); L. GOODRICH, E. HAMBRO,  A. SIMONS, CHARTER OF THE UNITED NATIONS:  COMMENTARY AND DOCUMENTS 178 (1946) (advocating a restrictive interpretation of Article 51 under which self-defense is only justified in response to an actual armed attack).

[38] Regarding “massive retaliation,” it was followed, in the United States, by the doctrine of “flexible response,” and ultimately evolved into doctrine known as a “countervailing nuclear strategy.”  Codified in Presidential Directive # 59, which was signed on July 25 1980, and later reaffirmed by President Ronald Reagan, this strategy represented the then latest retreat from the core doctrine authoritatively defined by John Foster Dulles on January 13, 1954.  To demonstrate continuing flexibility, the countervailing strategy envisioned a broad array of nuclear retaliatory choices operating within a carefully defined spectrum of deterrence.  See, in this connection, by this author: Louis René Beres, “Presidential Directive 59: A Critical Assessment,” Parameters: Journal of the US Army War College, Vol. XI, No. 1., March 1981, pp. 19-28.

[39] The core point here had already been understood by Israeli strategist and IDF Military Intelligence Head, Yehoshafat Harkabi, back in the mid-1960s. Writing in Nuclear War and Nuclear Peace, Harkabi indicated: “It must be emphasized that the impulse to act first, the competition to preempt, is not a result of aggressive tendencies or bloodlust on either side. It is a defensive action inherent in the very instability of an unfortunate situation, in which survival depends upon opening fire first, or, in other words, upon initiating a surprise attack.” (See Y. Harkabi, Nuclear War and Nuclear Peace, translated from the Hebrew, Israel Program for Scientific Translations, 1966, p. 42).

[40] On madness, see Seneca, 1st Century AD/CE: “We are mad, not only individuals, but nations also. We restrain manslaughter and isolated murders, but what of war, and the so-called glory of killing whole peoples? Man, the gentlest of animals, is not ashamed to glory in blood-shedding, and to wage war when even the beasts are living in peace together.” (Letters, 95).

[41] For the very earliest scholarly commentary by this author on anticipatory self defense under international law, with special reference to Israel, see:  Louis René Beres and (COL./IDF/Res.) Yoash Tsiddon Chatto, “Reconsidering Israel’s Destruction of Iraq’s Osiraq Nuclear Reactor,” TEMPLE INTERNATIONAL AND COMPARATIVE LAW JOURNAL, Vol. 9., No. 2., 1995, pp. 437 – 449; Louis René Beres, “Preserving the Third Temple: Israel’s Right of Anticipatory Self-Defense Under International Law,”  VANDERBILT JOURNAL OF TRANSNATIONAL LAW, Vol. 26, No. 1.,  April 1993, pp. 111- 148;  Louis René Beres,  “After the Gulf War: Israel, Preemption and Anticipatory Self-Defense,”  HOUSTON JOURNAL OF INTERNATIONAL LAW,  Vol. 13, No. 2.,  Spring 1991,  pp. 259 – 280;  Louis René Beres,  “Striking `First:’  Israel’s Post Gulf War Options Under International Law,”  LOYOLA OF LOS ANGELES INTERNATIONAL AND COMPARATIVE LAW JOURNAL,  Vol. 14,  Nov. 1991,  No. 1.,  pp. 1 – 24;  Louis René Beres,  “Israel and Anticipatory Self-Defense,”  ARIZONA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW,  Vol. 8, 1991,  pp. 89 – 99;  and Louis René Beres,  “After the SCUD Attacks:  Israel, `Palestine,’ and Anticipatory Self-Defense,”  EMORY INTERNATIONAL LAW REVIEW,  Vol. 6,  No. 1.,  Spring 1992,  pp. 71 – 104.  For an examination of assassination as a permissible form of anticipatory self-defense by Israel, see, Louis René Beres, “On Assassination as Anticipatory Self-Defense: The Case of Israel,” HOFSTRA LAW REVIEW, Vol. 20, No. 2., Winter 1991, pp.  321 – 340.  For more general assessments of assassination as anticipatory self-defense under international law by this author, see:  Louis René Beres, “The Permissibility of State-Sponsored Assassination During Peace and War,” TEMPLE INTERNATIONAL AND COMPARATIVE LAW JOURNAL, Vol. 5, No. 2, 1991, pp. 231 – 249;  and  Louis René Beres,  “Victims and Executioners:  Atrocity, Assassination and International Law,”  CAMBRIDGE REVIEW OF INTERNATIONAL AFFAIRS,  Winter/Spring, 1993.

[42] A related question concerns legality in any ongoing war begun by another state. Here we may recall the opinion of Grotius in his COMMENTARY ON THE LAW OF PRIZE AND BOOTY:  “…it is obvious that a just war can be waged in return, without recourse to judicial procedure, against an opponent who has begun an unjust war; nor will any declaration of that just war be required….  For as Aelian says, citing Plato as his authority–any war undertaken for the necessary repulsion of injury, is proclaimed not by a crier nor by a herald, but by the voice of Nature herself.”  See H. Grotius, DE IURE PRAEDAE COMMENTARIUS, ed., by James Brown Scott, a translation of the original manuscript of 1604 by Gladys L. Williams, with the collaboration of Walter H. Zeydel, New York: Oceana Publications, Inc., 1964, p. 96.

[43] In this regard, one ought to bear in mind the still-relevant warning of Sigmund Freud: “Fools, visionaries, sufferers from delusions, neurotics and lunatics have played great roles at all times in the history of mankind, and not merely when the accident of birth had bequeathed them sovereignty. Usually, they have wreaked havoc.”

Continue Reading

Middle East

Arab Spring and Third Wave of Democratisation: The case of Egypt

Janakan Muthukumar

Published

on

Professor Huntington introduced the concept of the third wave of democratization in five phases. They are the emergence of reformers, acquiring powers, failure of liberalization, backward legitimacy and co-opting opposition. The third wave of democratization further focused through the lenses of modernization, social equality, mass mobilization and elite pact approach. According to Huntington, the third wave of democratization occurs with the emergent of opposition groups and indigenous sources against local power’s enforcement, particularly when there is a military regime, a one-party system, or an autocratic dictatorship. In these contexts, this essay examines Huntington’s five phases in the context of the Arab Spring in Egypt. Further, this essay examines whether what happened in Egypt can be considered as a common structure of the third wave of democratization by comparing the exploration of revolution in Syria.

Reviewing the brief history, the exploration of the Arab Spring kicked off in Tunisia following the suicide of Mohamed Bouazizi. The existential crisis resonated with the revolution. Protesters marched with the slogan “The people want the fall of the regime,”to build democratic societies, all the way to Egypt to finally in Syria. In the case of Egypt, the brutal death of Khaled Said by the autocratic government of Hosni Mubarak instigated reformists to rebel against the government.

According to Huntington, the first phase is the emergence of reformers. Reformers demand change from an autocratic, tyrannical regime to a democratic, transparent government. This phase encourages the public to voice for their rights through protests, which will lead toa revolution against the existing government. Revolution instigated on January 25, 2011, in Egypt subsequently evolved to overthrow the government, which was in power since 1952. The autocratic government indicted for the enactment of Emergency Law, which extended the police power, further suspended constitutional rights, including the abolishment of habeas corpus. These acts severely condemned the validity of political subjectivity and the rule of law.

The report from the U.S. State Department in Human Rights pointed out the Ministry of Interior, State Security Investigative Service (SSIS)of Egypt and the police employed torture to extract information. According to the report, police brutality shut down all civilian protection mechanisms, led to massive human rights violations. It deterred the significance of individualism, individual autonomy and social control in the name of absolute state sovereignty.

However, it is worthy to note that the former United Nations Secretary-General Kofi Annan comments, the state sovereignty should be the relationship of an individual to the state regarding being responsible as well as responsive. That means the sovereignty is not about the state interest, but about the interest of the individuals against state actors. Schumpeter notes that the idea of sovereignty is connected with representative governance, determined by the votes of the people by fair elections (Schumpeter, 1970). In the case of Egypt, the protestors claimed that no fair election conducted in the country since 1952. The Guardian addresses that the manipulation of election results swung in every election, while the international election monitoring groups noted the high level of corruption and coercion. Blaydes articulated that “competitive electoral authoritarianism” was in place in Egypt since Mubarak comes to power.

Cook argues the parliamentary election 2010 was the initial provocation for the protest in 2011. The opposition to the Mubarak’s government claimed that the government intervened in the electoral process and restricted the opposition party to participate in the election ,both caused political illegitimacy. The action of the president to dismiss the shadow parliament further instigated the protest, with the demands for fundamental freedom and fair and transparent election. Protesters also assembled in large numbers against the excess amount of unemployment, inequality economic status, political corruption, particularly through the Ministry of Interior, and on the monopolized steel industry.

The second phase of democratization occurs when the reformers acquire power. Huntington argues that this can happen in three formats. The first format is when the autocratic dictator dies, and the successor becomes in control with more democratic indications. For example, in Libya,the Arab spring overturned the dictatorship of Gadhafi in 2011, opened an opportunity for the first parliamentary election and to draft a new democratic constitution to be approved by referendum. The second format is the power acquisition, from dictatorial ruler through a procedural based transition, where the autocratic leader asserts the transition to avoid revolution by reformed oppositions like Portillo’s concession of power to De la Madrid in Mexico. The third format would be the transition caused by the pressure from the reformers to the existing autocratic leader, eventually, cause to resign. In Egypt, the dictatorship government of Mubarak brought up to the end through the occurrence of the third way of acquiring power. Although in the last phase of the revolution, Mubarak transferred his power to the Military Council, ordered to follow his instruction, he was driven to resign in eighteen days due to the protest by the Egyptian people. The protest indicated the strong desire of the public for the change of regime and his decision prevented further insurrection.

Following his abdication, until the new government formed through a democratic election, the Supreme Council of the Armed Forces governed Egypt. However, it is worthy to note, that according to Rabau, the role of the Supreme Council was an uncertain one. He noted that, although the people of Egypt accepted the newly drafted constitution in March 2011, there was a legitimate fear among the public of the role of the Supreme Council, whether it might have influenced the democratic election. Further, vagueness towards the role of the military, particularly after the election, brought further challenges in the democratization process in Egypt. That means the transition did not get accomplished the second phase of democratization, ‘acquisition of power by reformist.’

The third phase of democratization, according to Huntington, is the failure of liberalization. That means the existing government would make minor, temporary, superficial reforms towards liberalization to respond to the demand by international and domestic actors against economic stagnation or political autonomy. Saudi Arabia is a good example, where the existing government has conceded to give political rights to women by allowing them to vote in the elections in 2011, which was then seen as a minor reform to avoid uprisings in Saudi Arabia. Note, this approach is entirely different from the ideal theory of liberalization, genuinely anticipated by Gorbachev to save the Soviet Union from economic stagnation through glasnost and perestroika reforms.

In the context of Egypt, Mubarak developed the liberalization through economic and political reforms. In the economy, the establishment of a foreign exchange market lifted formal and informal restrictions on access to foreign exchange. It encouraged the private sector to involve in the economy and decreased the level of customs duties. Further, the introduction of the new Tax Law Act reduced personal and corporate taxes. These reforms increased the economic growth by7 % between the years 2006-2008 and Egypt was honoured as the ‘top reformers’ in the world in 2007.

Despite economic growth, these reforms did not raise the standard of living of ordinary people. The absolute poverty increased from 16.7% to 20% of the entire population. Further, 20% survived with less than $2 per day increased as 44% in 2009.The inflation rate rose to 11.49%, and the unemployment rate was over 20% in 2009. On the other hand, the illiteracy rate was 27% and the rate of underemployment of youth between the ages of 15-24, still at 24.8%.These indicate that the reforms were just superficial and benefited only the high-class people.

Political reforms also did not make any qualitative change in governance or the political system. The First Amendment of Article 76 of the Constitution was enacted to allow multi-candidates for the presidential election. Although the Amendment legally allowed other candidates to participate in the election, in reality, due to the autocratic power, no candidates were free to challenge Mubarak. Banning of Muslim Brotherhood from nominating a presidential candidate and the rejection of Talaat Sadat from participating in the election ultimately resulted in the seventh victory of Mubarak with 88.6%.

Second, the announcement about the removal of party restrictions to increase party independence was considered as another liberalization of reform. Nevertheless, in reality, the Political Parties Committee (PPC) was formed to decide the eligibility of every party to participate in the election and interestingly, the General Secretary of the National Democratic Party head by Mubarak appointed as the head of the PPC.

Third, Mubarak promised in the campaign 2005 to re-elect him, for restricting presidential power, power devolution to the parliament, for the judicial reformation and independency. Sharp mentions, it was seen as a real possibility to change the entire regime among Egyptian people; however, unsurprisingly, Mubarak was persistent in keeping the power himself after the victory. He further jailed his opponent, Ayman Nour. That election in 2005 made many criticisms at home and abroad. Larry Diamond points out that “Arab autocrats adopt the language of political reform to avoid reality.”Addressing the third phase, in reality, none of the reforms made by Mubarak attempted for real democracy in Egypt. Nevertheless, unexpectedly, they motivated the opposition to demand liberal improvement with greater desperation, ultimately reasoned for the ‘uprising’ of Egyptians.

The backward legitimacy and co-opting opposition worktogether in the third wave of democratization. The reformers invoke when they texture difficulty on rebel against the existing leadership. They then attempt to damage the legitimacy of the autocratic leader by co-opting their opposition by working together against the dictatorship. The collaboration could be taken place among political leaders, social groups, civil societies or military who wanted to reform the democratic government.

The demonstration was the initial stage to damage the legitimacy of Mubarak’s administration, conducted by the reformist. It questioned the validity of the existing government domestically but also rooted for severe policy changes and distinct perceptions against Mubarak’s administration internationally. President Barak Obama addressed on February 1, 2011, that “relinquishing power was the right decision, but the transition to a new government must begin now” clearly indicated the policy deviation since the protest had begun.

Protestors sought support from International Organisations as well as the Western States, including NATO alliances. Hillary Clinton, in her book, Hard Choices mentioned that she was consistently more cautious on taking the side of protestors based on their promise for an uncertain future over the autocratic in Egypt, but “swept away by idealism and approached swiftly to usher the regime of Mubarak.”The reformers then associated with the Egyptian military to takeover Mubarak’s regime by pointing out that the Mubarak cannot provide good governance for the country. This initiative ultimately offered no choice in Mubarak’s hand, forced him to resign after eighteen days of protest.

The above- analysis shows how Huntington’s five phases of democratization were put forward with the understanding of what has happened in the Arab Spring. However, the question arises that are these phases typical in every revolution, particularly in other Arab Springs. To examine this section of the essay compares the revolution in Egypt with the uprising in Syria. The purpose of this comparison is to understand common structures and virtual differences, which may lead to the conception of pseudo- democratization.

Mubarak received support from domestic and international actors throughout his regime until the reformist started to protest for the liberalization of reform. He maintained excellent economic and political relationships with regional powers and others, including Israel and the United States of America. Tony Karon comments, along with the falls of Mubarak, “a central pillar of U.S. regional strategy has become an untenable ruler.” However, after the revolution, those states were pushed to turn against Mubarak, particularly after they understood the fall of the Mubarak regime is inevitable. Although the marginal group supported the government of Mubarak to protect their prime economic, social and political positions, the religious groups, including the Muslim Brotherhood, supported the revolution. It found lately that the support of the Muslim Brotherhood was not to build a democratic Egypt, but for a Sharia Egypt.

On the other hand, although the military helped the revolution, their view was to build a powerful Egypt through the powerful army – not to transfer the power to the civil government. This complexity in priority created an unbalanced situation in Egypt for the democratic transition. Further, the external actors who played a critical role in the revolution, including the United States and European Union adopted, “wait and see” approach, headed an unlikely situation for an emergent of democracy in Egypt in the near future.

Considering the situation in Syria, Assad gained support from the same kind of groups who supported Mubarak. However, the situation varied in Syria since the military throughout the process of uprising supported the Assad regime like the military supported the government of Gadhafi in Libya. Further, the reformers in Syria were not the majorities as in Egyptian insurgency; they are middle class, oppressed Kurds. Professor Humphrey articulates the war in Syria is a “proxy war” in the default position. He addressed the proxy war undermined the diplomatic approaches, and the events turned from humanitarianism towards international security when Syria used chemical weapons.

On the other hand, although international democratic actors called Assad for resignation, they could not intervene or support the reformers directly as they have occurred in Libya due to the failure of the United Nations Security Council resolution and diplomacy. Hence, the only options that were available for the international community were to bring up international economic and travel sanctions against Syria. Assad’s step down would have been possible only if the military supported the reformers. However, even if Assad would have stepped down, such an event exclusively would not have provided a solid ground to the rising of democracy if the transition period could have been long enough to open for new conflicts as in Egypt. Such events would have led Syria to get in another civil war, rather than turning into democracy.

It brings to the conclusion that although the reformers fight against autocratic governments such as in Egypt, for sustainable democratic governance, finding the root for the anti-democratic system in the past, the expansion and the institutional transformation in political and economic arenas are significant. The individual freedom, transparent election, competitive political parties and vigorous civil societies are the backbones to democratization, thus for a democratic society, ensuring such fundamentals are significant. Huntington’s five phases of democracy might be the start-up to think and evaluate the third wave of democratization in countries like Egypt and Syria. However, that cannot be the only tool to evaluate every democratization that occurred since the beginning of the Arab Spring.

Continue Reading

Latest

Environment1 hour ago

Are Nature Based Solutions the key to Africa’s climate response?

While the UN climate talks are celebrating their 25th year, carbon emissions around the world have continued to climb. For...

Americas3 hours ago

It’s Back to “Rocket Man”: Trump Steadily expanding risks of a Nuclear war With North Korea

“Fools, visionaries, sufferers from delusions, neurotics and lunatics have played great roles at all times in the history of mankind,...

Science & Technology6 hours ago

G2C e-Governance & e-Frauds: A Perspective for Digital Pakistan Policy

e-Governance, sometimes referred as e-government, online-government or digital government, is the use of information and communication technologies (ICTs) to assist...

EU Politics8 hours ago

Aviation Safety: EU Commission adopts new EU Air Safety List

The European Commission today updated the EU Air Safety List, the list of airlines that do not meet international safety...

South Asia10 hours ago

Kartarpur may be the first drop of rain

On November 09th, 2019, Pakistan and India opened the first-ever visa-free corridor between the two countries to facilitate the pilgrimage...

Reports12 hours ago

Inequality threatening human development

Despite global progress in tackling poverty, hunger and disease, a “new generation of inequalities” indicates that many societies are not working...

Newsdesk14 hours ago

The role of data and statistics for evidence based policy making

An international workshop on data and statistics for evidence-based Voluntary National Reviews (VNRs) taking place at the headquarters of the...

Trending