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When An American President Becomes Agent Provacateur

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“Whoever can dominate the street will one day conquer the state, for every form of power politics and any dictatorship-run state has its roots in the street.”-Joseph Goebbels, Nazi Party Minister of Propaganda, Nuremberg rally, 1934

“The goal is to dominate the street.”-US President Donald J. Trump, June 1, 2020[1]

Without getting into the complex legal aspects ofan agent provocateur, one simple summary statement is useful to acknowledge: The American president’s public behavior on June 1 2020 was purposefully incendiary and patently unlawful. On that now-unforgettable day, Donald J. Trump, by ordering police,  special operations military, national guard and US Secret Service elements to forcibly clear a path for his photo-op walk to the nearby St James Church, crossed another critical line of presidential malfeasance. Here, rather than restrict deployed law-enforcement elements to their proper Constitutional and statutory roles, Trump commanded these agents  (1) to actively incite citizen wrongdoing, and (2) to exploit all such cynically engineered derelictions for his own presumptive political benefit.

Let us be candid. In matters of US and international law, it doesn’t get much worse than this. By his brazenly willful wrongdoing, Trump’s commands on June 1 carried an obvious and prospectively irreversible potential for personal injuries and death. This lamentable potential was further exacerbated by opaque deployments of “unmarked” US Special Force elements into selected parts of Washington DC, and by Secretary of Defense Mark Esper’s corollary injunction  to “dominate the battlefield space.”

The “battlefield?”  In this case, it  referred not to some distant area of hostilities, but to city streets of the nation’s capital. Americans, of course, are unaccustomed to such patently twisted meanings.
What are the relevant facts behind such problematic executive branch behaviors,  by the Department of Justice as well as Department of Defense? Prima facie, on June 1, 2020, Donald Trump’s personal security detail, then operating under impermissible cover of tear gas, rubber bullets and flash bang grenades, systematically provoked otherwise compliant and unthreatening peaceful demonstrators.[2] The US federal government behavior in this Goebbels-style incident was more than “just” unnecessary or inappropriate. It was grievously illegal, including plainly evident violations of Nuremberg Principles.[3]

As these Principles are now a part of authoritative international law,[4] the agent provocateur behaviors also represented variously serious violations of  U.S. law.[5] Significantly, inter alia, the Nuremberg Principles [6] require military, police and security officials to oppose any leaders’ orders to willfully injure innocent people or to commit any other verifiable crimes of state, including incitement to riot or insurrection.  Such commendably high expectations are routinely ignored in authoritarian or tyrannical regimes, but this fact is not exculpatory for the United States.

Markedly different in this US matter of June 1, 2020, was that certain “peremptory”[7] rules of international ambit and applicability were being systematically ignored or manipulated by an American president.

 When citizens of any proper democracy engage in observably peaceful protest, there exist no per se arguments for challenging presumptions of citizen innocence or for justifying civilian  mistreatment by national executive authorities. Aware of this in the June 1 St. James Church visitation incident, some Members of Congress called upon US Secret Service Director James M. Murray and certain  others to appear before the House of Representatives to explain their wrongful behaviors on June 1. In time, perhaps, the American public will be told what it ought to have been told from the start about what had actually taken place.

In addition to multiple legal derogations, it was a national humiliation for the United States to have rendered itself  comparable to Adolph Hitler’s Sturmabteilung (SA), and later to the Stosstrupp-Hitler (SSH) or Schutztaffel (SS).[8] Increasingly, however, the law-violating behaviors of US President Donald Trump in these matters have  lent palpable credence to such an irremediable humiliation.  These significant derogations cannot simply be covered up or whispered away.

Already done, they cannot be undone.

Apropos of  the Nuremberg Principles of international law, since 1950 an unalienable  part of the laws of the United States, all persons are obliged to resist crimes of state. Though the June 1, 2020 incident did not rise to any determinably high level of criminal behavior, it remains legally worrisome for the United States on several intersecting levels. This is due to the president’s conspicuous indifference to assorted peremptory norms of human rights law, and to the unwillingness of individual agents provocateurs to resist what then amounted to  injurious and universally prohibited crimes of state.

Although these US crimes were relatively minor, they nonetheless represented willful violations of individual legal responsibility for federal agents of law enforcement. Noteworthy, too, is that the wider context of these officially committed and incited wrongdoings centered on properly law-based protests against racism and human rights violations here in the United States. It follows that these illegal behaviors of an American president and his pertinent agencies were not “merely” violative of peremptory Nuremberg Principle obligations. They also represented unjustifiable interference with an authoritative body of codified and customary human rights norms.[9]

Looking to the future, the President of the United States should more determinedly guide all federal agencies on a proper path of law-respecting conduct. Under no circumstances should this path involve transforming the respective agents “in play” into US agents provocateurs. By definition, any such transformation would critically defile and undermine America’s most elementary principles of justice.

Going forward, the goal of an American president should be not to “dominate the street,” but rather to allow or facilitate all otherwise permissible expressions of US civilian protest. If there should  still remain any doubts about this core obligation, one need only recall that Donald Trump’s selected words were an exact literal replication of Nazi Minister of Propaganda Joseph Goebbels’ 1934 rally comments for the Third Reich. Is this in any way a proper model for the United States?


[1] The startlingly close verbal congruence of the Goebbels and Trump statements is most markedly worrisome here. Inter alia, it is difficult to believe that the US President’s pertinent speech writer was unaware of Goebbels’s exact words. More than likely, these words were deemed by him an appropriate model for Donald J. Trump.

[2] In this connection, the fact that this provocation was systematic rather than merely random or visceral has various pertinent legal implications. In essence, this “systematic” quality makes the associated dereliction more egregious.

[3] See: Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal, Adopted by the UN International Law Commission, 2 August 1950. UN Doc. A/1316, 2 Y.B.I.L.C. 374 (1950).

[4] International law, which is a part of US law,  is itself ultimately deducible from Natural Law. According to Blackstone, this is the reason why the Law of Nations is necessarily binding upon all individuals and all states. Each state and its leaders are expected “to aid and enforce the law of nations, as part of the common law, by inflicting an adequate punishment upon offenses against that universal law . . . .” WILLIAM BLACKSTONE, PUBLIC WRONGS, in COMMENTARIES ON THE LAWS OF ENGLAND, Book 4 Ch. 1 (Philadelphia, J.B. Lippincott & Co. 1893).  Though assuredly not known to President Donald Trump or even to his closest and most senior legal advisors, Sir William Blackstone’s Commentaries represent the core foundation of all subsequent US law.

[5]In precise words of Mr. Justice Gray, delivering judgment of the US Supreme Court in Paquete Habana (1900): “International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction….” (175 U.S. 677(1900)) See also Opinion in Tel-Oren vs. Libyan Arab Republic (726 F. 2d 774 (1984)).Further, the specific incorporation of treaty law into US municipal law is expressly codified at Art. 6 of the US Constitution, the so-called “Supremacy Clause.”

4.See:https://digitalcommons.lmu.edu/cgi/viewcontent.cgi?referer=https://search.yahoo.com/&httpsredir=1&article=1151&context=ilr

[7] Under international law, a peremptory norm is “a norm accepted and recognized by the international community of States as a whole from which no derogation is permitted….” See Art. 53 of Vienna Convention on the Law of Treaties; entered into force, 27 January 1988.

[8] Over the twelve years of the Third Reich, other here-relevant bodyguard organizations were created: The Fuhrerbegleitkommando (FBK), the Leibstandarte SS Adoplh Hitler (LSSAH), and Reichssicherheitsdienst (RSD). At Nuremberg after the War, he behavior of these Fuhrer protective units were considered together and with other Nazi institutions with regard to both Crimes of War and Crimes Against Humanity.

[9] For authoritative sources of international law, see art. 38 of the Statute of the International Court of Justice: STATUTE OF THE INTERNATIONAL COURT OF JUSTICE, Done at San Francisco, June 26, 1945. Entered into force, Oct. 24, 1945; for the United States, Oct. 24, 1945.  59 Stat. 1031,  T.S. No. 993,  3 Bevans 1153, 1976 Y.B.U.N., 1052.Court of Justice: STATUTE OF THE INTERNATIONAL COURT OF JUSTICE, Done at San Francisco, June 26, 1945. Entered into force, Oct. 24, 1945; for the United States, Oct. 24, 1945.  59 Stat. 1031,  T.S. No. 993,  3 Bevans 1153, 1976 Y.B.U.N., 1052.

LOUIS RENÉ BERES (Ph.D., Princeton, 1971) is Emeritus Professor of International Law at Purdue. His twelfth and most recent book is Surviving Amid Chaos: Israel's Nuclear Strategy (2016) (2nd ed., 2018) https://paw.princeton.edu/new-books/surviving-amid-chaos-israel%E2%80%99s-nuclear-strategy Some of his principal strategic writings have appeared in Harvard National Security Journal (Harvard Law School); International Security (Harvard University); Yale Global Online (Yale University); Oxford University Press (Oxford University); Oxford Yearbook of International Law (Oxford University Press); Parameters: Journal of the US Army War College (Pentagon); Special Warfare (Pentagon); Modern War Institute (Pentagon); The War Room (Pentagon); World Politics (Princeton); INSS (The Institute for National Security Studies)(Tel Aviv); Israel Defense (Tel Aviv); BESA Perspectives (Israel); International Journal of Intelligence and Counterintelligence; The Atlantic; The New York Times and the Bulletin of the Atomic Scientists.

Americas

China and Venezuela Deepening Cooperation

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Image source: X @NicolasMaduro

In a significant development that underscores the changing dynamics of global politics and economics, Chinese President Xi Jinping and Venezuelan counterpart Nicolas Maduro recently signed several bilateral cooperation agreements in Beijing, highlighting the changing dynamics of world politics and economics. China’s determination to participate in partnerships that promote economic stability and prosperity demonstrates its unwavering commitment to global economic recovery.

The agreements signify a strengthening of their partnerships and span a variety of fields, including trade, the economy, and tourism. The cooperation has been upgraded to an “All-weather strategic partnership,” reflecting the continued dedication of both countries to the advancement and development of the other. The decision by China and Venezuela to strengthen their ties comes as the world is witnessing a transformation in international alliances and trade partnerships.

The economic collaboration between the two countries is one of the most significant aspects of this new era of partnership. The recent agreements are expected to further cement Venezuela’s ties with China, which has long been the country’s major trading partner.Investments in infrastructure development and oil and gas exploration and production are part of the cooperation in the energy industry.

During his visit to China, President Maduro expressed his optimism for the relationship’s future, stating it heralds the start of a “new era” for both nations. Venezuela, which has recently experienced economic difficulties, views China as a dependable ally that can aid in reviving its economy. China, on the other hand, sees Venezuela as a crucial friend in the region and a valuable supply of natural resources.

China and Venezuela’s energy cooperation has broad implications. As the globe grapples with concerns about energy security and climate change, this alliance might have a big impact on the global energy landscape. China’s investments in Venezuela’s oil sector can stabilize oil prices and provide a more consistent supply of crude oil to the global market.

Aside from the energy industry, both countries have pledged to deepen their collaboration in a variety of other economic areas. Venezuela can benefit from China’s expertise in agricultural technologies and infrastructural development in one area. Venezuela may enhance food production and reduce its reliance on imports by modernizing its agricultural sector with Chinese assistance, thereby increasing food security for its citizens.

Additionally, both countries have enormous potential in the tourism sector. Venezuela has incredible landscapes such as the famous Angel Falls and virgin Caribbean beaches, which may appeal to Chinese tourists looking for new travel experiences. Similarly, China’s rich history and culture have always captured the interest of visitors from all over the world, including Venezuelans. The tourist accords aim to make travel between the two countries easier, to foster cultural interaction, and to develop tourism-related enterprises.

Furthermore, the strengthened relationship extends beyond economic interests to include political and strategic considerations. Both countries have reaffirmed their commitment to mutual support in international forums and to no interference in the other’s internal affairs. This strategic partnership is consistent with China’s aim of establishing a multipolar world and strengthening cooperation across developing nations.

The collaboration between China and Venezuela should be seen in the larger Belt and Road Initiative (BRI) initiative. The BRI seeks to establish a network of economic and infrastructure partnerships across Asia, Europe, Africa, and Latin America. A deeper integration of Venezuela into China’s global economic vision through its participation in the BRI could create new trade and investment opportunities.

The potential for economic development in Venezuela is one of the most notable benefits of the China-Venezuela cooperation. In recent years, the South American country has suffered severe economic issues, including high inflation, financial sanctions, and political unrest. China’s investments and assistance can help stabilize Venezuela’s economy, generate jobs, and raise inhabitants’ living standards.

The China-Venezuela connection is a key milestone in the shifting global political and economic landscape. In a changing world order, this partnership has the potential to provide Venezuela with economic prosperity, stability, as well as greater autonomy.

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Confusion and uncertainty shape debate about U.S. Gulf policy

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Image source: twitter @USAinUAE

Debates about the US commitment to Gulf security are skewed by confusion, miscommunication, and contradictory policies.

The skewing has fuelled uncertainty about US policy as well as Gulf attitudes in an evolving multi-polar world and fuelled misconceptions and misunderstandings.

The confusion is all the more disconcerting given that the fundamentals of US Gulf relations are beyond doubt.

The United States retains a strategic interest in the region, even if its attention has pivoted to Asia. Moreover, neither China nor Russia is capable or willing to replace the US as the Gulf’s security guarantor.

“None of the Gulf states believe China can replace the United States as the Gulf’s security protector,” said Gulf International Forum Executive Director Dania Thafer.

The recent US military build-up in the Gulf to deter Iran with thousands of Marines backed by F-35 fighter jets and an aircraft carrier helped reassure Gulf states in the short term. So has the possibility of the US putting armed personnel on commercial ships traveling through the Strait of Hormuz.

The build-up followed the United Arab Emirates’ withdrawal from a US-led, 34-nation maritime coalition in May because the US had not taken decisive action against Iranian attacks on Gulf shipping, including a vessel traveling from Dubai to the Emirati port of Fujairah.

Even so, the United States has allowed confusion and uncertainty to persist. In addition, the US as well as the Gulf states, particularly Saudi Arabia and the United Arab Emirates, appear to pursue contradictory goals.

“The US…did not formulate a very clear approach to how the US wants to work with the GCC as a whole” instead of cooperating with individual Gulf states, said analyst Nawaf bin Mubarak Al Thani, a former Qatari brigadier general and defense attaché in Qatar’s Washington embassy.

The Gulf Cooperation Council or GCC groups the six Gulf monarchies – Saudi Arabia, the UAE. Qatar, Kuwait, Bahrain, and Oman.

“Unless the US becomes clear in its intentions about how it wants to proceed with its future defense relationship with the GCC as a whole, I think we will be going in circles,” Mr. Al Thani added.

The United States has unsuccessfully tried to nudge the GCC to create an integrated air and missile defense system for several years.

Former Pentagon official and Middle East scholar Bilal Y. Saab suggests that the US has moved in the case of Saudi Arabia to enhance confidence by helping the kingdom turn its military into a capable fighting force and developing a first-ever national security vision but has failed to communicate that properly.

“Our geographical command in the region, also known as the United States Central Command (CENTCOM), has been conducting a very quiet…historic transformation from being a war-time command to something of being a security integrator…to activate partnerships to attain collective security objectives,” Mr. Saab said.

“This is not just about having confidence in the US role; it’s also about the United States having confidence in the willingness and ability of those Gulf states to buy into this new mission of doing things together,” Mr. Saab said.

“My biggest problem is that we’re not communicating this stuff well… There’s a lot of confusion in the Gulf about what we’re trying to do,” he added.

Analysts, including Mr. Saab, caution that the United States’ recent willingness to consider concluding defense pacts with Gulf states like Saudi Arabia and the UAE is at odds with its revamped security approach to the region.

Saudi Arabia has demanded a security pact alongside guaranteed access to the United States’ most sophisticated weaponry as part of a deal under which the kingdom would establish diplomatic relations with Israel.

The UAE initially made similar noises about a defense pact but has since seemingly opted to watch how the US talks with Saudi Arabia evolve.

A defence pact “is incredibly inconsistent with what we are trying to do with CENTCOM… The moment you provide a defence pact to the Saudis or, frankly, any other country in the region, this is where you go back to the old days of complacency, of dependency on the United States as the guardian and as doing very little on your own to promote and advance your own military capabilities,” Mr. Saab said.

His comments may be more applicable to Saudi Arabia than the UAE, which has long invested in its military capabilities beyond acquiring sophisticated weaponry.

The roots of confusion about the US commitment to the Gulf lie in evolving understandings of the US-Gulf security relationship based on the 1980 Carter Doctrine, the United States’ response to Iran’s 1979 Islamic revolution, and that year’s Soviet invasion of Afghanistan.

President Jimmy Carter laid out the doctrine in his 1989 State of the Union address. “An attempt by any outside force to gain control of the Persian Gulf region will be regarded as an assault on the vital interests of the United States of America, and such an assault will be repelled by any means necessary, including military force,” Mr. Carter said.

Robert E. Hunter, then a National Security Council official and the author of Mr. Carter’s speech, insists that the doctrine was intended to deter external powers, notably the Soviet Union, rather than defend Gulf states against Iran or secure shipping in strategic regional waterways.

“The often-misquoted Carter Doctrine…did not refer to the ‘free flow of commerce.’ I wrote almost all of the speech… it was designed to deter Soviet aggression against Iran, following the Soviet invasion of Afghanistan, which began a few weeks earlier,” Mr. Hunter said.

The Reagan Doctrine, enunciated five years later by Mr. Carter’s successor, Ronald Reagan, reinforced his predecessor’s position.

“The US must rebuild the credibility of its commitment to resist Soviet encroachment on US interests and those of its Allies and friends, and to support effectively those Third World states that are willing to resist Soviet pressures or oppose Soviet initiatives hostile to the United States, or are special targets of Soviet policy,” Mr. Reagan said.

President George W. Bush’s development of US doctrine after the 9/11 Al Qaeda attacks on New York and Washington proved more problematic for the Gulf states.

Mr. Bush defended the United States’ right to defend itself against countries that harbor or aid militant groups.

His doctrine justified the US invasions of Afghanistan and, Iraq. Gulf states saw the Iraq war as destabilizing and problematic, particularly with some on the American right calling for a US takeover of Saudi oil fields.

Nonetheless, Gulf states had plenty of reasons to reinterpret the Carter Doctrine to include a US commitment to defend Gulf states against regional as well as external threats.

The Gulf states’ reinterpretation resulted from a US lack of clarity and actions that seemingly confirmed their revised understanding.

These included the United States leading a 42-nation military alliance that in 1991 drove Iraqi forces out of Kuwait, establishing bases in the Gulf in the wake of the Iraqi invasion, US interventionism following the 9/11 assaults, and the ongoing protection of Gulf shipping against Iranian attacks.

As a result, a lack of clarity and confusion in Washington and the Gulf’s capitals continue to dominate the debate about the US-Gulf security relationship.

Said Mr. Saab: “I would like to understand from the Gulf states whether what we are selling, they are actually buying. What we are selling is…a very real partnership. No longer guardianship, but actual partnership. I don’t know where individual countries stand on these proposals… Until we get common ground on this, there is nothing in the Middle East that we do that is really going to work.”

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US Diplomacy in Asia: Navigating a New Era of Cooperation

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State Department photo by Ron Przysucha/ Public Domain

In an era marked by shifting global dynamics and a resurgent emphasis on diplomacy, the United States must adapt its approach to international relations, particularly in its dealings with Asian countries. China’s recent call for the United States to recognize the shared aspirations of Asian countries has significant implications.

The changing global political landscape underscores the need for a commitment to cooperation, stability, and mutual development. The United States should heed this call and adopt a more cooperative approach in its interactions with Asian countries, which can benefit not only the region but also the entire world. This call from China comes at a time when the U.S. is making diplomatic strides in its relationship with Vietnam.

Vietnam, a significant player in the region, continually emphasizes that enhancing its comprehensive strategic cooperative engagement with China is its top foreign policy objective. This commitment underscores the importance of Asian nations forging partnerships based on mutual understanding and shared goals, rather than divisive politics.

China’s approach to bilateral relations with Asian countries is rooted in principles that promote regional peace, stability, development, and prosperity. It emphasizes that such connections should not target third parties or jeopardize regional well-being.

China’s call for the U.S. to adhere to basic norms governing international relations is an invitation to enter an era of diplomacy that moves beyond the outdated zero-sum pursuit of power politics. Understanding the changing dynamics in Asia is critical to understanding the significance of China’s call. The region is experiencing unparalleled economic expansion, technological advancement, and social development. Through trade, investment, and cultural contacts, Asian countries are becoming increasingly interconnected. Their mutual goals concentrate on maximizing their ability for the greater good.

Indeed, the world has changed since the days when superpowers ruled global affairs. Diplomacy is a more complex endeavor in today’s connected and multipolar world. By adopting a more cooperative approach to Asian issues, the United States has a rare chance to demonstrate its commitment to becoming a constructive global partner.

China’s call for the United States to respect common goals is grounded in a vision of Asian cooperation that transcends historical resentments and ideological disagreements. It recognizes that each country in the area has unique strengths and challenges and that collaboration can help solve those challenges more efficiently.

This call includes not just diplomacy but also economic links, cultural exchanges, and people-to-people relationships. Asian countries are keen to tap into the tremendous potential for trade and investment, and accepting this chance could help not only the US economy but also the stability and prosperity of the entire Asian region.

The US must consider the concerns and interests of all Asian countries, including China. A cooperative strategy that respects each country’s sovereignty and objectives is more likely to yield beneficial results and contribute to regional stability. The days of hegemony and Cold War mentalities are behind, and the future of global politics lies in cooperation, mutual progress, and common goals. The world is watching, and the choices made today will shape the future of international relations in Asia and beyond.

Furthermore, it is important to recognize China’s significant contributions to the prosperity and security of the Asian region and beyond. China’s economic growth and development have been major drivers in maintaining global economic stability. It’s Belt and Road Initiative (BRI) has aided infrastructure development in a number of countries, allowing for economic growth and connectivity.

China’s emphasis on a multipolar world and respect for sovereignty aligns with the values of equality and non-interference in other countries’ internal affairs. This position contrasts with previous instances of US interventionism and emphasizes the need to respect individual nations’ autonomy and choices.

While recognizing the significance of cooperation, it is critical to emphasize the dangers of pursuing aggressive policies in Asia. A confrontational strategy, whether through military posturing, containment efforts, or coalition formation to fight China, can lead to increasing tensions and instability in the region. Such acts may unwittingly put governments on the defensive, hindering diplomatic progress.

Whether or not Biden admitted it, his visit to Vietnam was mainly perceived as a major US move to court the Southeast Asian country and leverage its economy in support of the US offensive against China’s trade and technologies.

It’s highly important to remember that Asia is a diversified continent with intricate historical, cultural, and political aspects. The resolution of regional challenges and conflicts is more likely to be successful when strategies that emphasize collaboration and communication are used. History has taught us that engagement and diplomacy are much more successful means of settling conflicts than direct confrontation.

The call from China to the United States to embrace a new era of cooperation in Asian ties is a push for a more stable, peaceful, and prosperous world. Recognizing China’s contributions to global economic stability and its commitment to addressing significant global issues is extremely important. Adopting a cooperative approach in Asia based on equality and respect for sovereignty will pave the way for a brighter future for all nations in the area and beyond.

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