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International Law

Freedom of religion in the African Human Rights System

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Apart from the Mainstream religious beliefs such as Islam and Christianity, Africa is also the home of different indigenous religious beliefs most of which are considered regressive. For scholars like Lauric Henneton, colonization in the early modern period was as much about religious missions, about ‘the harvest of souls’, as it was about expanding territorial boundaries and economic resources. In post-colonial Africa, the primary goal of the Organization of African Union(OAU) was defending the sovereignty and territorial integrity of its member states rather than promoting and protecting the individual rights of the people of Africa. The latter becomes a matter of priority when the African Commission established by the African Charter on Human and peoples’ Right (the Banjul Charter) in 1981. Article 8 of the Charter provides that: “Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.”This provision does not explicitly mention the word “belief” despite the fact that the right to hold a particular belief is generally considered to be an absolute one. Furthermore, this provision fails to guarantee the right to change one’s religion. However, probably the most problematic part of Article 8 of the charter is its inclusion of ‘the claw-back clause’ – “…subject to law and order…”. Such formulation allows member states to limit the right to freedom of religion ‘to the maximum extent permitted by domestic law’. In other words, they can enact laws which could potentially violate the right to freedom of religion and negate the regional human right protection system.  Even though it has never been the primary subject of contention, the issue of freedom of religion has dealt with by the African Commission and Court of Human and peoples’ rights as an auxiliary matter in several cases. In this blog post, I will present four different cases related to freedom of religion decided by the ACHPR and the ACtHPR in their chronological order.   

Amnesty International and others v. Sudan

In this case, the complaints described numerous serious violations that took place in different parts of Sudan, primarily between 1989 and 1993. The cases were submitted by four different Non-Governmental organizations alleging that the Sudanese government involved in extrajudicial and summary execution, torture and discrimination on the basis of religion. Though the case involves a number of issues, for the purpose of this blog I will only focus on the ruling of the commission regarding freedom of religion. It was alleged that Christians and other non-Muslims were subjected to expulsion, arbitrary arrests and detention. Their churches were closed, and religious leaders were prevented from getting food with the aim of converting them to Islam. In addition to this, the domestic court of Sudan entertained their case based on Shari’a law which is not subscribed by those victims. The government, on the other hand, alleged that Sudan has guaranteed the right to freedom of faith and worship in its constitution.

The commission founds violation of Article 8 and Article 2 of the African charter stating that

“There is no controversy as to Shari’a being based upon the interpretation of the Muslim religion’, but when applying Shari’a the tribunals in Sudan must do so in accordance with the other obligations undertaken by the State of Sudan. Trials must always accord with international fair-trial standards”

The commission has also emphasized that “Shari’a law, being based on a religious belief, should not be applied to those who do not adhere to the religion of Islam” Accordingly,  tribunals that apply only Shari’a law are not competent to judge non-Muslims, and everyone should have the right to be tried by a secular court if they wish.” Concerning other claims related oppression of religious leaders and expulsion of missionaries from the country, since the government of Sudan fails to ‘provides evidence or justifications that would rebut the allegations” the commission concluded that there has been a violation of Article 8 of the Charter. 

Centre for Minority Rights in Development and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya

This case started following the eviction of thousands Endorses tribe members by the then Kenyan government to create a game reserve for tourism. The area from which the community was evicted, according to the complainant had been considered as “the spiritual home of all Endorois”. Their eviction, thus, prevented them from practicing their religion in the appropriate place.  After exhausting all the domestic remedies, in 2003 the Centre for Minority Rights Development and Minority Rights Group International brought the communication to the African Commission on behalf of the Endoroi community. Before the commission, the government argued that even though the eviction had actually happened, it was justified and “subject to administrative procedures” The commission found infringement of freedom of religion of the community reasoning that the action of the government was neither necessary nor backed by sound justifications. The commission asserted that “allowing the Endorois community to use the land to practice their religion would not detract from the goal of conservation or developing the area for economic purposes”. Most importantly, in a way which could remedy the shortcoming of Article 8 of the Charter, the commission  underscored that “states cannot take recourse to the limitation clauses of the African Charter  in order to violate the express provisions of the charter and its underlying principles”(Para. 173)

Prince v. South Africa

The case started following Mr. Garreth Anver Prince’s denial of access to the bar in South Africa due to his religious use of cannabis (he was a member of the Rastafari). His claim was that the prohibition of cannabis usage for ritual purposes amounted to a disproportionate infringement on his right to freedom of religion.   In addition to his freedom of religion, Mr. Prince alleged that the prohibition of the use of marijuana is an affront to his dignity. The Constitutional court of South Africa decided against Mr. Prince underscoring the qualified or non-absolute nature of the right to freedom of religion. The court specifically ascertained that “While members of a religious community may not determine for themselves which laws they will obey and which they will not, the state should, where it is reasonably possible, seek to avoid putting the believers to a choice between their faith and respect for the law.” Following his unsuccessful appeal, Mr. Prince brought his case before the African Commission on Human and Peoples’ Right claiming that South Africa had violated, inter alia, his freedom of religion. The commission affirm the decision of South African constitutional court emphasizing that while the right to hold religious beliefs is an absolute one, the right to act according to the belief is not. As such, “the right to practice one’s religion must yield to the interests of society in some circumstances” (para 41). In legitimizing the limitation imposes by South Africa, the commission made reference to Article 27 of the African Charter which provides the necessity of considering the rights of others in allowing the exercise of any right guaranteed therein.

The African Commission on Human and Peoples’ Rights v. Kenya

The African commission V. Kenya is the latest decision rendered by the African Court of Human and Peoples’ Rights related to the right to freedom of religion. Unlike the rulings of the commission which are merely recommendations, the court’s decision has binding effects. Nevertheless, the court’s mandatory jurisdiction is shrinking.  Within the past six months, Tanzania, Benin and Ivory Coast have revoked the right of individuals and NGOs to sue them before the ACtHPR. Consequently, out of 54 member states of AU, the court has binding jurisdiction only over five countries.[1] The facts of this case are similar to the second case discussed in this paper. Following the eviction of members of the Ogiek community from their ancestral land, non-governmental organizations that represent the interest of the community brought an action before the Commission alleging that the action of the Kenyan government had violated different rights of the ogiek tribe members which are enshrined in the African charter. One of which was the right to freedom of religion. The government, on the other hand, argued that the “applicant has failed to adduce evidence to show the exact places where the alleged ceremonies for the religious sites of the Ogieks are located”. The respondent state has also contended that members of the community have already changed their religion to Christianity and therefore the forest has no relevance to exercise their religion.

The court decided that there was a violation of Article 8 of the African charter reasoning that “the communities’ religious practices were inextricably linked with the land and the environment and that interference with their connection to the land placed severe constraints on their ability to practice religious rituals.” (para 166 and 167)


[1] Côte d’Ivoire, Ghana, Mali, Malawi, and Rep. of Tunisia

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International Law

Seeking Power Over Death: Lethal Mainspring Of World Politics

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Consequences of War by Peter Paul Rubens

Abstract: At its core, history is the determinable record of humankind’s struggle for and against death. Though such a bold assertion might first appear self-contradictory, the corollary truths are clarifying. In general, we may learn, each nation-state does whatever it deems necessary to survive, but too often this “realistic” presumption requires the “death” of “others.”Now, by examining this zero-sum calculus more closely – a systematic assessment that would include certain primal expectations of the individual human being (the microcosm) – scholars may discover that this interminable struggle is also marked by an ironic reciprocity: Each state struggle for the “death” of designated others(in earlier millennia, before states, it was a struggle of empires)represents a fierce defense against its own potential annihilation. This perplexing simultaneity suggests that the underlying rationale of Realpolitik or power politics[1]is not acquisition of territory, wealth or “victory,”[2] but personal immortality. Once this bewildering rationale can be understood, therefore, such deeper insight could bestow upon our endangered planet variously enlightened opportunities for global survival. Grasped imaginatively, and with apt measures of urgency, these new modalities could become intellectual blueprints for world justice and world peace. In essence, these “blueprints” could offer humankind eleventh-hour reformist strategies of a once-inconceivable potency.[3]

———————–

In such primal matters, history must be our starting point.[4] In Man and Crisis (1958), 20th century Spanish philosopher Jose Ortega y’Gasset observes accordingly: “History is an illustrious war against death.” Though this comment is captivating, and sets the stage for our sought-after answer, it represents only a partial piece of a much wider truth: Ultimately, power over death represents the greatest conceivable form of power here on earth;[5]but acquiring such optimal power in world politics can also “demand” the  killing of  “others.”[6]

To acquire a politically manageable “power over death,” individuals (microcosm)and states (macrocosm) must first make tangible preparations to bring fatality to identifiable “enemies.” At times, this belligerent thinking would involve variously seductive notions of “martyrdom.”  As we may learn from the evening news, these notions may call not “only” for war, but also for genocide.[7]

In both cases, the planned mass killing of other human beings is more-or-less comparable to religious sacrifice, a primal custom oriented toward the ritualistic deflection of death to “others.”[8]

There is more. Going forward, scholars and policy-makers must suitably re-examine vital underlying links between microcosm and macrocosm. In this regard, Elias Canetti, winner of the 1981 Nobel Prize for Literature, once wrote imaginatively of not being dead as the principal exemplar of all power. Confronted with what Canetti had called “terror at the fact of death,” humankind – both individually, and collectively – seeks one particular advantage above all others.

This evident advantage is “to remain standing” while others must prepare to “lie down.” In the end, it is those who can remain upright, however temporarily, who are meaningfully “victorious.”[9] It is these fortunate ones, after all, who have managed to “divert” death to less-fortunate “others.”

By definition, of course, there can be no greater or more advantageous diversion.

               A key lesson obtains here for states as well as for individuals. For all “players,” microcosm and macrocosm, the situation of physical survival is the unambiguously central expression of all power. But as belligerent nationalism makes meaningful survival more and more problematic, Realpolitik or power politics effectively deprives states of their most genuine power lever.[10] Left unmodified, the “all against all” Westphalian Process[11] effectively creates or merely magnifies adversarial relations, and encourages state enemies to then enjoy “microcosmic” triumphs that will remain unrecognized or concealed. These triumphs are the deeply-satisfying human emotions experienced by persons when confronting powerless individuals who are preparing to “lie down.”[12]

———————–

In world politics, the ultimate acquisition of power is never really about land or treasure or conquest or some other reassuring evidence of primacy. It is, rather, a presumed victory over death, ultimately a personal triumph, one described by Heinrich von Treitschke that is closely linked to the always-special prerogatives of sovereignty.[13]

Relevant reasoning here is straightforward. When my state is powerful, goes the argument, so too am I. At some point, when this state seems ready to prevail indefinitely, I too am granted a personal life that is gloriously unending. Stated somewhat succinctly: An “immortal” state creates (as either its citizen or subject) the “immortal” person.

Such abstract ideas can be bewildering.  Still, to actually feel such conceptual reasoning at a palpable level, one could intentionally recall the staggering images of mid-1930s Nazi party rallies at Nuremberg. Leni Riefenstahl’s monumental film celebration of Der Fuhrer, The Triumph of the Will, says it all best. Reminding the German people of Hegel’s famous aphorism, the legendary film underscores that a nation-state can actually become the “march of God in the world.”

Today, in 2021, neither the United States nor its enemies can seemingly understand this primal linkage. As a result, all states continue to be driven by policies that bring them neither personal satisfaction nor institutional safety. To the contrary, all they can continue to expect in a chaos-leaning Realpolitik world is a perpetual global landscape of war, terrorism and genocide. In the best of all possible worlds, however, humankind – recalling the ancient creed of Epicurus that death fear is foolish and irrational- would consider the one indispensable query:

What is death? A bogy. Turn it round and see what it is: you see it does not bite. The stuff of the body was bound to be parted from the airy element, either now or hereafter, as it existed apart from it before. Why then are you vexed if they are parted now? For if not parted now, they will be hereafter. Why so? That the revolution of the universe may be accomplished, for it has need of things present, things future, and things past and done with.”[14]

There is more. All states fail to understand that death is generally identified by their enemies as a zero-sum event. Anything that is done to sustain one’s own national survival invariably represents, for these enemy states, an intolerable threat to their own “lives” and a diminution of their own power. Reciprocally, anything that is done to effectively eliminate hated enemies must expectedly enhance their collective life and augment their collective power. Ideally, these strategies will fare best whenever God is “on our side.”[15]

There is still more. Because of the deeply intimate associations between collectivities/macrocosm (states) and (microcosm) individuals, the reciprocal life advantages of death and dying can be enjoyed doubly.

“Normally,” even if only at a subconscious level, the living person never really considers himself more powerful than at the very moment when he faces the dying person. Here, as we may learn again from Elias Canetti, the living human being comes as close as he or she can to encountering genuine feelings of personal immortality. In roughly similar fashion, the “living” nation-state never really regards itself as more powerful than at that moment when it confronts the apparently impending “death” of a despised enemy state. Only slightly less power-granting are those reassuring sentiments that arise from confrontation with a “dying” enemy state; that is, the same sentiments experienced by a belligerent state that seeks some tangible “victory” over another.

 In both cases, personal and collective, convention, good taste and sometimes skilled statecraft require that zero-sum feelings about death and power be suppressed. Such polite feelings ought not to be flaunted; nonetheless, they do remain prospectively vital and determinative.

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               Oddly, perhaps, in all world politics, power is so closely attached to the presumed conquest of death(national and personal) that core connections have been overlooked. As a result, students and practitioners of international relations continue to focus mainly on epiphenomena, on easily recognizable ideologies, identifiable territories, tangible implements of warfare (arms control and disarmament) and so on. The problem is not that these conspicuous factors are unimportant to power, but rather that they are of a manifestly secondary or reflected importance.

There is more. During a war, any war, the individual soldier, a person who ordinarily cannot experience satisfyingly tangible power during peacetime, is offered an utterly unique opportunity to remedy such absence. Inter alia, the pervasive presence of dead bodies in war cannot be minimized. Actually and incontestably, it is a central fact of belligerency. To wit, the soldier who is surrounded by corpses and knows that he is not yet one of them is “normally” imbued with an absolute radiance of invulnerability, of immortality, of monumental and perhaps incomparable power.

Reciprocally, and in like fashion, the state that commands its soldiers to kill and not to die, “feels” similarly great power at the removal of a collective adversary. This surviving state, like the surviving individual warrior, is transformed, indisputably and correspondingly, into a potentially primal source of everlasting life. Such abstract observations are hardly fashionable among general populations; they may even appear barbarous and uncivilized. Yet, for now at least, scholars should be seeking not to prescribe more appropriate behavior for states, but rather to accurately describe such behavior. This means looking behind the daily news.

Always, truth must be exculpatory. True observations may sometimes be indecipherable or objectionable; but they are no less true.

               In an apparent paradox, some of America’s non-state enemies also seek to “remain standing” vis-a-vis the United States, to seek power in the life-or-death struggle against a despised “other.” One must say “apparent paradox” here because some of America’s terrorist enemies seem not only unconcerned about being able to remain standing, but actually seek to die themselves. In these cases, it would appear, quite literally, that the perpetrators do “love death.”[16]

               What is most important to understand here is that “to die for the sake of God” in these calculations is actually to not die at all. For example, by “dying” in a divinely commanded act of killing presumed enemies the Jihadist terrorist really does seek to conquer death, which he fears with a special terror, by “living forever.” Credo quia absurdum, said the ancient philosopher Tertullian. “I believe because it is absurd.”

Paradoxically, the “love of death” described by Jihadist terrorists is the ironic consequent of an all-consuming wish to avoid death. Since the death that this enemy “loves” is temporary and temporal, leading “in fact” to a permanent reprieve from any real death, accepting it as a tactical expedient becomes an easy matter. If, for any reason, the normally welcome death of an individual engaged in “holy war” were not expected to ensure an authentic life ever-after, its immense attractions would immediately be reversed.

America’s non-state terrorist enemies, in the fashion of its state enemies, also seek to “remain standing,” and to believe that this critical objective can be realized only when America –  the hated individual person in macrocosm – has already become the dead man lying down. Whenever the civilized and decent human being watching evening news about the latest suicide bombing asks incredulously, “Why do they inflict such horror?” there is an ascertainably correct answer: “They do this,” goes this reply, “out of an unhindered passion for the ultimate form of power; that is, to acquire power over death.”

The greater the number of enemy corpses, the more powerful terrorists will feel. Real power, understood as an irremediably zero-sum commodity, is always to gain in “aliveness” through inflicting death upon enemies.

———————-

An enemy, whether state or non-state, cannot possibly kill as many foes as his primal passion for survival may demand. This means, among other intersecting considerations, that he may seek to induce or direct others to satisfy this particular passion. As a practical matter, this deflecting behavior points toward an undeniable impulse for genocide, an inclination that could be actualized, in the future, by adversarial resort to higher-order forms of terrorism (chemical/biological/nuclear), and/or to crimes against humanity.[17]

The United States still has much to learn. But before its leaders can fully understand the true nature of enemy intentions and capabilities, they must first acknowledge the most primary connections between power and survival. Once it can be understood that enemy definitions of the former are contingent upon loss of the latter, these leaders will be positioned intellectually to take appropriate remedial action.

Always, the true goal of certain adversaries is as grotesque as it is unrecognized. This goal is to be left standing while assorted others are made to disappear. These relentless enemies must survive just so that their enemies do not. They cannot, by this zero-sum reasoning, survive together. So long as the enemy is “allowed” to exist, no matter how cooperative or congenial it has been, some states will not feel safe. They will not feel powerful. They will not feel power over death.

It is always a mistake to believe that Reason governs the world.[18] The true source of governance on this imperiled planet is power, and power is ultimately the conquest of personal death. This conquest, which displays a zero-sum quality among enemies, is not limited to conflicts in any one region. Rather, it is always a generic matter, a more or less universal effort that is made especially manifest between enemies. On this generic matter, one should consider the revealing remark of Romanian playwright Eugene Ionesco in his Journal in 1966. Describing killing as a purposeful affirmation of one’s own survival, Ionesco observed:

I must kill my visible enemy, the one who is determined to take my life, to prevent him from killing me. Killing gives me a feeling of relief, because I am dimly aware that in killing him, I have killed death. My enemy’s death cannot be held against me, it is no longer a source of anguish, if I killed him with the approval of society; that is the purpose of war. Killing is a way of relieving one’s feelings, of warding off one’s own death.[19]

There is more. While certain enemies accept the zero-sum linkages between power and survival, others do not. Although this may suggest that some states stand on an enviably higher moral plane than their enemies, it may also place the high-minded or virtuous state at a security disadvantage, one that will make it too difficult to “remain standing.” This disturbingly consequential asymmetry between state enemies may be addressed by reducing certain adversarial emphases on power-survival connections, and/or by increasing enemy emphases on power-survival connections.

Questions must be asked. Must a state ultimately become barbarous in order to endure? Must it “learn” to identify true power with survival over others, a predatory species survival that cannot abide the survival of enemies?[20]

Prima facie, what is required is not a replication of enemy leadership crimes,[21] but policies that finally recognize death-avoidance as the essential starting point fornational security and national defense. With such recognition, visceral hostility and existential threat[22]could be rejected in toto, and an altogether new ethos – one based on a firm commitment to “remain standing” at all costs[23]– could be implemented.[24]

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Core changes are necessary. All must finally rid themselves of the retrograde notion that killing another can confer immunity from personal mortality. In his Will Therapy and Truth and Reality, psychologist Otto Rank affirms: “The death fear of the ego is lessened by the killing, the Sacrifice, of the Other. Through the death of the Other, one buys oneself free from the penalty of being killed.” What is being described here is still the greatest form of power discoverable anywhere:  power over death. Americans and other residents of a deeply interconnected planet have a right to expect that any president of the United States or major world leader would attempt to understand these complex linkages.

At a minimum, all of our national policies must build upon more genuinely intellectual and scientific[25]sorts of understanding.

               Always, our “just wars,”[26] counter-terrorism conflicts and anti-genocide programs must be fought or conducted as intricate contests of mind over mind, and not just as narrowly tactical struggles of mind over matter.

                Only a dual awareness of our common human destination, which is death, and the associated futility of sacrificial violence, can offer an accessible “medicine” against foreseeable adversaries in the global “state of nature.”  Only this difficult awareness can we relieve an otherwise incessant and still-ascending Hobbesian war of “all against all.”[27]

               More than ever before, history deserves reasonable pride of place. The United States, America’s current president should recall, was founded upon the philosophy of Hobbes and the religion of Calvin. Nonetheless, this means something very different in 2021 than it did back in 1787.

               What should this particular history now signify for American foreign policy preparation? This is not an insignificant query, but it does presuppose an American democracy founded upon authentic learning, not (recalling the Trump presidency) on flippantly corrosive clichés or abundantly empty witticisms. In this connection, individual human death fear has much to do with a better understanding of America’s national security prospects. Only a people who can feel deeply within itself the unalterable fate and suffering of a broader global population will ever be able to decently embrace compassion, coexistence and empathy.

               In the end, a “triumph of death” in one form or another is irresistible and inevitable, and attempts to avoid death by killing certain “despised others” are both futile and inglorious. Going forward, therefore, it is high time for new and more creative thinking about global security and human immortality. Instead of simply denying death, a cowardly and potentially corrosive emotion that Sigmund Freud labeled “wish fulfillment” in The Future of an Illusion(1927), we must finally acknowledge the obvious, and view it as a too-long-overlooked blessing. Ultimately, with such an eleventh-hour acknowledgment, all people and all nations on this endangered planet could begin to think more insightfully about our immutably common destiny. In turn, this means using an always-overriding human commonality as the secure basis for expanding empathy and worldwide cooperation.

———————-

               This is a visionary and fanciful prescription, one rather unlikely to be grasped in time. But there is still a plausible way to begin. This way would require the leaders of all major states to recognize that they are not in any meaningful way “world powers” (all are equally “mortal;” none have any verifiable “power over death”) and that a coordinated retreat from Realpolitik or traditional geopolitical competition would now be self-interested.

               There are other considerations. The primary planetary survival task is a markedly intellectual one, but unprecedented human courage will also be needed. For the required national leadership initiatives, we could have no good reason to ever expect the arrival of a Platonic philosopher-king;[28] still, even some ordinary political leaders could conceivably prove themselves up to the extraordinary task at hand. For this to happen, enlightened citizens of all countries must first cast aside all historically discredited ways of thinking about world politics, and (per the specific insights of  twentieth-century  German thinker Karl Jaspers) do whatever possible to elevate empirical science and “mind” over blind faith and stultifying “mystery.”[29]

               “In endowing us with memory,” writes philosopher George Santayana, “nature has revealed to us a truth utterly unimaginable to the unreflective creation, the truth of mortality[30]. The more we reflect, the more we live in memory and idea, the more convinced and penetrated we shall be by the experience of death; still, without really knowing it, this very conviction and experience will have raised us, in a way, above mortality.”

               The legacy of Westphalia (1648 treaty)[31] includes sacrilization of the state. Although we may discover such murderous sacrilization in the writings of Hegel, Fichte, von Treitschke and various others, there have also always been voices of a different sort. For Nietzsche, the state is “the coldest of all cold monsters.”  It is, he says in Zarathustra, “for the superfluous that the state was invented.” In a similar vein, we may consider the corroborating view of Jose Ortega y’Gasset in the Revolt of the Masses. Here, the Spanish philosopher identifies the state as “the greatest danger, always mustering its immense resources “to crush beneath it any creative minority which disturbs it….”

In all global politics, it now warrants further repeating, there can be no greater form of presumed power than power over death.

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               For the most part, it is not for us to choose when we should die.  Instead, our words, our destinies, will lie far beyond any discernible considerations of conscious decision or individual selection. Still, we can choose to recognize our shared human fate and especially our derivative interdependence. This unbreakable intellectual recognition could carry with it significant global promise, one that remained distressingly distant and unacknowledged in the dissembling Trump White House years.

               Much as we might prefer to comfort ourselves with various qualitative presumptions of societal hierarchy and national differentiation – the stock in trade of Donald J. Trump’s administration – we humans are all pretty much the same.[32] Already, this incontestable sameness is plainly manifest to capable scientists and physicians. Our single most important human similarity, and the one least subject to any reasonable hint of counter-argument, is that we all die.

               It is from the universal terror of this common fate that Westphalian law invests nation-states with the singularly “sacred” attributes of sovereignty.

               And it is from the incontestable commonality of death that humankind can finally escape from the predatory embrace of power politics or Realpolitik in world politics.

               Ironically, whatever our more-or-less divergent views on what might actually happen to us after death, the basic mortality that we share could still represent the last best chance we have for viable global coexistence and governance. This is the case, however, only if we can first accomplish the astoundingly difficult leap from acknowledging a shared fate as mortal beings to “operationalizing” our species’ more expressly generalized feelings of empathy and cooperation.

               There is more. Across an entire planet, we can care for one another as humans, but only after we have first accepted that the judgment of a resolutely common fate will not be waived by any harms that we may choose to inflict upon “others,” that is, upon the “unworthy.” While markedly less than obvious, modern crimes of war, terror, and genocide are often “just” sanitized expressions of religious sacrifice. In the most starkly egregious instances, any corresponding violence could represent a consummate human hope of overcoming private mortality through the targeted mass killing or exclusion of certain specific “outsiders.”

               It’s a murderous calculus, and not a new thought. Consider psychologist Ernest Becker’s ironic paraphrase of Elias Canetti in Escape from Evil:  “…. each organism raises its head over a field of corpses, smiles into the sun, and declares life good.”

There is a deeply insightful observation latent in this idea. It is the uniquely dangerous notion that killing can confer immunity from one’s own mortality. Similarly, inWill Therapy and Truth and Reality, psychologist Otto Rank affirms: “The death fear of the ego is lessened by the killing, the Sacrifice, of the Other. Through the death of the Other, one buys oneself free from the penalty of being killed.” What is being described here is plainly the greatest form of power discoverable anywhere:  power over death.

——————-

               Americans and various other residents of our interconnected planet have a right to expect that any president of the United States should attempt to seriously understand such vital and complex linkages. Here, America’s national policies must build upon more genuinely intellectual sorts of understanding.[33] Always, our just wars, counter-terrorism conflicts, and anti-genocide programs must be fought or conducted as fully intricate contests of mind over mind, and not just as narrowly tactical struggles of mind over matter.

                Only a dual awareness of our common human destination, which is death, and the associated futility of sacrificial violence, can offer accessible “medicine” against North Korea, China, Russia, Iran, and assorted other more-or-less foreseeable adversaries in the global “state of nature.”  This “natural” condition of anarchy was already well known to the Founding Fathers of the United States (most of whom had read Locke, Rousseau, Grotius, Hobbes, Vattel and Blackstone[34]). Now, only this difficult awareness can relieve an otherwise incessant and still-ascending Hobbesian war of “all against all.”

               More than ever before, history deserves a reasonable pride of place. America was expressly founded upon the philosophy of Hobbes and the religion of Calvin. But this means something quite different in 2021 than it did in 1787.

               What should this particular history signify for Biden White House foreign policy preparation? This is not an insignificant query, but it does presuppose an American democracy founded upon some serious measures of authentic learning, not on flippantly corrosive clichés or abundantly empty witticisms. For the foreseeable future, however, this is not really a plausible presupposition.[35]

               Human death fear has much to do with acquiring a better understanding of America’s current enemies, both national and sub-national (terrorist).  Reciprocally, only a people who can feel deeply within itself the unalterable fate and suffering of a much broader global population will ever be able to embrace compassion and “rationally” reject collective violence. To be sure, this new American president should prepare to understand what this implies, both with pointedly specific reference to the United States and to this country’s various (and still increasing) state and sub-state adversaries.

               Always, the existence of system in the world is obvious, immutable and pertinent.[36]During the Trump era, “America First” meant America Alone and America Last. America could never have been truly “first” so long as (1) its president insisted upon achieving such exalted status at the grievous expense of so many others; and (2) while failing to understand that international law remains part of the law of the United States. To once again seek to secure ourselves by diminishing others would merely be a retrograde playbook forever-recurrent instances of war, terror and genocide.

               In the end, of course, for all humankind, as an irremediable element of biology, the “triumph of death” is inevitable. Attempts to somehow avoid death by killing certain despised “others”[37] are feeble, futile and inglorious. Going forward, therefore, it is high time for new and more creative thinking about global security and human immortality.

               Instead of denying death, a cowardly and potentially corrosive emotion that Sigmund Freud persuasively labeled “wish fulfillment” (see The Future of an Illusion, 1927), we must sincerely acknowledge the obvious, and as a long-overlooked blessing.  With just such an eleventh-hour acknowledgment, all people and all nations on this imperiled planet could finally begin to draw purposefully from our immutably common destiny – that is, from our very plainly shared mortality. Among other things, this means using that always-overriding “oneness”[38] as the intellectual basis for expanding empathy and its closely-corresponding pattern of worldwide integration.[39]

               All this is, to be sure, a visionary and fanciful prescription, one unlikely to be grasped in time. But there is still a practical way to begin. It would require the leaders of major states to recognize that they can never in any genuinely meaningful way be “world powers” in a global “state of nature” (all here are equally “mortal;”none has any “power over death”) and that a coordinated retreat from Realpolitik and interminable geopolitical competition would be both self-interested and indispensable.

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               It follows from all this that the primary planetary survival task is a markedly intellectual one, a disciplined matter of “mind,” but courage will also be needed, unprecedented courage. To meet required national leadership initiatives, we could have no defensible reason to expect the timely arrival of a Platonic philosopher-king,[40] but even some ordinary political leaders could conceivably be up to the herculean task, that is, to become extraordinary. For this to happen,  enlightened citizens of all countries would first have to cast aside all historically discredited ways of thinking about global survival, and do whatever deemed possible to elevate science over continuous blind faith and contrived “mystery.”[41]

               “In endowing us with memory,” writes George Santayana, “nature has revealed to us a truth utterly unimaginable to the unreflective creation….the truth of mortality….The more we reflect, the more we live in memory and idea, the more convinced and penetrated we shall be by the experience of death; yet, without knowing it, perhaps, this very conviction and experience will have raised us, in a way, above mortality.”[42]

               Though few will actually understand, such a “raising” is necessarily antecedent to human survival in world politics, though only if it is linked purposefully and self-consciously to global integration.“Is it an end that draws near,” inquired philosopher Karl Jaspers, “or a beginning?” The correct answer will depend, in large part, on what another major post-war philosopher had to say about the Jungian/Freudian “mass.”

                In his classic study, Being and Time (1953), Martin Heidegger laments what he calls, in German, das Mann, or “The They.”  Drawing fruitfully upon certain earlier seminal insights of Friedrich Nietzsche, Soren Kierkegaard as well as Carl Jung and Sigmund Freud, Heidegger’s “The They” represents the ever-present herd, crowd, horde or mass, an “untruth” (the term favored by Kierkegaard) that can quickly suffocate vital intellectual growth.  For Heidegger’s “The They,” the crowning untruth lies in its acceptance of immortality at both institutional and personal levels, and its encouragement of the falsely seductive notion that personal power over death is associated with (or derivative from) the “sacredness” of nation-states.

————————

               The arena of world politics (macrocosm) is endlessly violent because individual human beings(microcosm)compulsively fear death. Though widely unacknowledged and patently ironic, the murderous connections are longstanding and difficult to dispute. Already, back in the 19th century, Heinrich von Treitschke convincingly linked world politics and “earthly immortality.” And even before this author of Lectures on Politics, George F. Hegel had identified the state in The Philosophy of Right as the “march God in the world.”

               Ultimately, states battle against other states amid Westphalian anarchy not for geopolitical primacy, but for individual human salvation. While the predictable result of such battles has always been death and mega death, not eternal or even longer life, an overriding mythology still endures. This is the lethal conviction that it is in war, not perpetual peace, that humans are able to acquire power over death. Sometimes, this acquisition is intended to be direct – that is, an immediate consequence of killing on the side of God. More generally, however, such power over death devolves indirectly to general populations that are not actually involved in the business of killing.

               Even such de facto “bystanders” can have “God on their side.”

               None of this is to wholly deny the validity of more traditionally accepted explanations of Realpolitik or power politics, namely that these struggles are about tangible goods, geography or “national security.” These conspicuous and common explanations are not “wrong”; they are however, trivial and epiphenomenal. Such explanations are generally “correct,” but merely as secondary reflections of what is most fundamentally important.

               In William Goldings’ classic novel, Lord of the Flies, the marooned boys make grotesquely ritualistic war upon one another because they have been thrust into a netherworld of fear and chaos, but only because this dissembling exile from “civilization” threatens them with personal death. Indeed, it is only after they have settled upon an amorphous but ubiquitous horror(“the beast”)that they decide to wage a titanic struggle to survive, a struggle that bears uncanny resemblance to the “normal” dynamics of world politics. In what amounts to yet another irony of inflicting death to bring freedom from death, the suffering boys are rescued by an English military ship, a naval vessel that will now transport them from their literally primal state of nature on the island to the more “civilized” state of nature in world politics.

               In essence, readers learn, the rancorous and barbarous conditions that obtained on the deserted island were actually just a microcosm of the wider system of international relations. But who can now rescue this wider system of Realpolitik from itself? Before we can meaningfully answer this core question, scholars and policy-makers will need to probe more closely behind the visible events the day, beyond mere reflection. Above all, this probe will have to be suitably theoretical.

                Theoretic generality is a trait of all serious scientific meaning, and scientific inquiry in such matters is indispensable.[43]

               In the beginning, in that primal promiscuity in which the lethal swerve toward politics first arose, forerunners of modern nation-states established a system of perpetual struggle and violent conflict, a system absolutely destined to fail.  Captivated by this self-destroying system of international relations, states still allow the degrading spirit of Realpolitik to spread everywhere unchecked, like an ideological gangrene on the surface of the earth. Rejecting all pertinent standards of logic and correct reasoning, this inherently false consciousness of power politics imposes no reasonable standards upon itself. It continues to be rife, despite its endless rebuffs. Somehow, Realpolitik takes its long history of defeat as victory. Prima facie, it’s a-historical proponents have never learned anything.

               The vast majority of human beings are unable to accept the biological truth of mortality.[44] Understood in terms of world politics, this suggests, inter alia, that state sovereignty will likely continue to be viewed by many as a suitable  institutional antidote to personal death. To be sure, such a view may not be explicitly apparent even to Realpolitik adherents, and it would very likely disregard certain palpable benefits other than a presumed power over death (e.g., enhanced personal status of belonging to a “powerful” country). Nonetheless, it is a perspective that will not simply fade away graciously on its own.

               It is high time for candor. Whatever our in-principle preferences, the plain fact of having been born augurs badly for the promise of immortality. Accordingly, the primal human inclination to deny an apparently unbearable truth will continue to generate the same terrors from which we allegedly seek refuge. The irony is staggering, but incontestable.

               In its obvious desperation to live perpetually, humankind has embraces a cornucopia of faiths that offer life everlasting is exchange for unchallengeable loyalty. Such loyalty is then transferred from faith to State, which battles (or prepares to battle) with other states. Though historians, political scientists and pundits routinely describe such conflicts as a tangible struggle for secular influence (power politics), it is often something different altogether. This is a struggle between Good and Bad, Right and Wrong, Decency and Indecency, even the “Sons of Light” and the “Sons of Darkness.” In this last example, apocalyptic imagery of the Dead Sea Scrolls is invoked not because any or all of a combatant state’s rationale is necessarily religious, but because such imagery best portrays the enormity of ideological attachments.

               In the United States, ideas of prevailing apocalyptic contest obtained widely during the 1950s Eisenhower years, and also later during the Reagan Administration.[45] More recently, Donald Trump’s core message of “American First” was assuredly not without underlying or implicit references to righteous struggles in world politics with
“God on our Side.” Unambiguously, for several million Trump supporters, their leader’s slogan of “America First” was essentially an eschatological code term used to signal impending End Times.

               “Death,” says Norbert Elias, “is the absolute end of the person. So the greater resistance to its demythologization perhaps corresponds to the greater magnitude of danger experienced.”[46] Now, major state sin world politics must strive more vigorously to reduce the magnitude and likelihood of anticipated existential danger. In this connection, they must remain wary of planting new false hopes that offer only illusions of personal survival through perpetual international war or war-planning.

               Today, the world is still full of noise and gratuitous rancor, but it is still possible to listen for real “music.” For this to happen, leaders, citizens and subjects will first have to detach themselves from mythical promises of power over death. In the most promising of all possible worlds, the underlying human death fear could itself be made to disappear,[47] but this prospect seems very blatantly unreal. It follows, conspicuously, that vastly more “gentle” foundations will be required for world politics –foundations other than the conflictual dynamics of Realpolitik. Happily, such foundations have already been identified and crystallized in Pierre Teilhard de Chardin’s fruitful concept of “Planetization.”

               What does this really mean? At its core, planetization is not just one step further along the incremental continuum of authority from “civilization.” Rather, it represents the very opposite of civilization.[48] Looking ahead, moreover, a meaningful emphasis on global “oneness” or planetization represents humankind’s only real hope for survival. Both scholars and statesmen must expressly affirm that such survival is first and foremost an intellectual obligation, one that can be satisfied not by pre-scientific hopes for nation-state “victories” amid Realpolitik, but by concrete steps toward worldwide cooperation.

               It is time for candor, We are all mortal; we all die. The point of global survival is not to deny such an incontestably common fate, but to draw most productively upon it for planet-wide reconciliations.[49] What we need now most on this grievously imperiled planet is not a continuously mistaken focus on simplistic reflections of reality or epiphenomena[50]  (think here of America’s obsessive daily focus on transient political personalities and superficial news makers), but authentically durable archetypes of global restructuring.[51] Inevitably, such pie-in-the-sky recommendation will generally be dismissed as naïve or “visionary,” but – as we may still learn usefully from Italian film maker Federico Fellini – “The visionary is the only realist.”

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[1] Such politics define a “vigilante” or “Westphalian” system. For legal origins, se: Treaty of Peace of Munster, Oct. 1648, 1 Consol. T.S. 271; and Treaty of Peace of Osnabruck, Oct. 1648, 1., Consol. T.S. 119, Together, these two treaties comprise the Peace of Westphalia. Also, in pertinent international law, there are certain core obligations that each state owes to every other state, individually and collectively.

[2]See, by this author: Louis René Bereshttps://smallwarsjournal.com/jrnl/art/reimagining-world-politics-longer-view-american-victory

[3]  “It must not be forgotten,” says Guilaume Apollinaire, in The New Spirit and the Poets (1917), “that it is perhaps more dangerous for a nation to allow itself to be conquered intellectually than by arms.”

[4] All history has a subjective element.  In the words of Oswald Spengler (The Decline of the West, 1918): “Every culture and every period has its own way of regarding history. There is no such thing as history in itself.”

[5]In world politics, says philosopher Alfred North Whitehead, any deeply-felt promise of immortality is of “transcendent importance.”  Seehis Religion in the Making, 1927.

[6] While this connection is most obvious inmatters concerning Jihadist terrorism, it is also found in certainmore orthodox mass casualty behaviors of international war. See, on Jihadist terror and power over death, by this author: Louis René Beresfile:///C:/Users/lberes/AppData/Local/Temp/Sacred%20Violence%20Religion%20and%20Terrorism.pdf

 and Louis René Beres, file:///C:/Users/lberes/AppData/Local/Temp/Religious%20Extremism%20and%20International%20Legal%20Norms%20Perfidy%20Preem.pdf

[7]See Convention on the Prevention and Punishment of the Crime of Genocide, opened for signature, December 9, 1948, entered into force, January 12, 1951, 78 U.N.T.S. 277. Although the criminalizing aspect of inter­national law that proscribes genocidal conduct may derive from a source other than the Gen­ocide Convention (i.e. it may emerge from customary international law and be included in different international conventions), such conduct is dearly a crime under international law. Even where the conduct in question does not affect the interests of more than one state, it becomes an inter­national crime whenever it constitutes an offense against the world community delicto ius gentium. See M.C. Bassiouni, International Criminal Law: A Draft International Criminal Code 30‑44 (1980). See also Bassiouni, “The Penal Characteristics of Conventional International Criminal Law,” 15 Case W. Res. J. Int’l 27‑37 (1983).

[8] Still the best scholarly clarification of these connections are René Girard, Violence and the Sacred (1977) and René Girard, The Scapegoat (1986).

[9]See, by this author, Louis René Beres: https://www.usnews.com/opinion/articles/2013/03/08/iraq-afghanistan-and-the-end-of-winning-wars

[10] On the various meanings of Realpolitik, see, by this author, Louis René Beres, Reason and Realpolitik: US Foreign Policy and World Order (1984).

[11] See # 1, supra. This references a continuing process of threat, counter-threat and war.

[12]This brings to mind the closing query of Agamemnon in The Oresteia by Aeschylus: “Where will it end? When will it all be lulled back into sleep, and cease, the bloody hatreds, the destruction”?

[13] See Louis René Beres, “Self-Determination, International Law and Survival on Planet Earth,”Arizona Journal of International and Comparative Law, Vol. 11, No.1., pp. 1-26.

[14] See Epicurus, The Stoic and Epicurean Philosophers (Whitney H. Oates et al., 1940), p. 282.

[15] G.F.  Hegel goes even further, saying in Philosophy of Right(1821) that the state is nothing less than “the march of God in the world.” Through the ages, and with “God on our Side,” conflicting states and religions have asserted that personal immortality can sometimes be achieved, but only at the sacrificial expense of certain despised “others,” of “heathen,” “blasphemers,” “apostates.” When he painted The Triumph of Death in ca. 1562, Peter Bruegel drew upon his direct personal experience with religious war and disease plague.  Already in the sixteenth century, he had understood that any intersection of these horrors (one man-made, the other natural) could be ill-fated, force-multiplying and even synergistic. This last term describes results wherein the “whole” outcome exceeds the calculable sum of all constituent “parts.”

[16]See, for example, by this author: Louis René Beres, “Martyrdom and International Law,” Jurist, September 10, 2018; and Louis René Beres, “Religious Extremism and International Legal Norms: Perfidy, Preemption and Irrationality,” Case Western Reserve Journal of International Law, Vol. 39, No.3., 2007-2008, pp. 709-730.

[17]For definition of Crimes Against Humanity, see: Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis Powers and Charter of the International Military Tribunal, done at London, August 8, 1945, 59 Stat. 1544, 82 U.N.T.S. 279 (entered into force, August 8, 1945).

[18]See Karl Jaspers, Reason and Anti-Reason in Our Time (1952).

[19] This comment from Ionesco’s Journal appeared in British Magazine Encounter (May 1966). See also: Eugene Ionesco, Fragments of a Journal (Grove Press, 1968). Elsewhere, says Ionesco, “People kill and are killed in order to prove to themselves that life exists.” See the distinguished dramatist’s only novel, The Hermit 102 (1973).

[20]Such questions have been raised by this author for many years, but usually in explicit reference to more broadly theoretical or generic nuclear threats. See, for example, Louis René Beres, The Management of World Power: A Theoretical Analysis (1972); Louis René Beres, Terrorism and Global Security: The Nuclear Threat (1979; second edition, 1987); Louis René Beres, Apocalypse: Nuclear Catastrophe in World Politics (1980); Louis René Beres, Mimicking Sisyphus: America’s Countervailing Nuclear Strategy (1983); Louis René Beres, Reason and Realpolitik: US Foreign Policy and World Order (1984); Louis René Beres, Security or Armageddon: Israel’s Nuclear Strategy (1986); and Louis René Beres, Surviving Amid Chaos: Israel’s Nuclear Strategy (2016).

[21]Under international law, which is also law of the United States, responsibility of national leaders forinternational crimes is not limited by official position or by requirement of direct personal actions.  On the principle of command responsibility, or respondeat superior, see: In re Yamashita, 327 U.S. 1 (1945); The High Command Case (The Trial of Wilhelm von Leeb) 12 LAW REPORTS OF TRIALS OF WAR CRIMINALS 1, 71 (United Nations War Crimes Commission Comp. 1949); see: Parks, COMMAND RESPONSIBILITY FOR WAR CRIMES, 62 MIL.L.REV. 1 (1973); O’Brien, THE LAW OF WAR, COMMAND RESPONSIBILITY AND VIETNAM, 60 GEO.L.J. 605 (1972); U.S. DEPT OF THE ARMY, ARMY SUBJECT SCHEDULE No. 27 – 1 (Geneva Conventions of 1949 and Hague Convention No. IV of 1907) 10 (1970).  The direct individual responsibility of leaders for genocide and genocide-like crimes is unambiguous in view of the London Agreement, which denies defendants the protection of the Act of State defense.  See AGREEMENT FOR THE PROSECUTION AND PUNISHMENT OF THE MAJOR WAR CRIMINALS OF THE EUROPEAN AXIS, Aug. 8, 1945, 59 Strat.  1544, E.A.S.  No. 472, 82 U.N.T.S.  279, Art. 7.  Under traditional international law, violations were the responsibility of the state, as a corporate actor, and not of the individual human decision-makers in government and in the military.

[22]On the prospective lawfulness of such threats, including nuclear threats and even actual nuclear engagement, see: “Summary of the Legality of the Threat or Use of Nuclear Weapons,” Advisory Opinion, 1996, I.C.J., 226 (Opinion of 8 July 1996). The key conclusion of this Opinion is as follows: “…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.”

[23]International law is part of US domestic law. In the precise words used by the U.S. Supreme Court in The Paquete Habana, “International law is part of our law, and must be ascertained by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.  For this purpose, where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations.”  See The Paquete Habana, 175 U.S. 677, 678-79 (1900).  See also:  The Lola, 175 U.S. 677 (1900); Tel-Oren v. Libyan Arab Republic, 726 F. 2d 774, 781, 788 (D.C. Cir. 1984) (per curiam) (Edwards, J. concurring) (dismissing the action, but making several references to domestic jurisdiction over extraterritorial offenses), cert. denied, 470 U.S. 1003 (1985) (“concept of extraordinary judicial jurisdiction over acts in violation of significant international standards…embodied in the principle of `universal violations of international law.'”).

[24]The precise origins of anticipatory self-defense in customary law lie in the Caroline, a case that concerned the unsuccessful rebellion of 1837 in Upper Canada against British rule. Following this case, the serious threat of armed attack has generally justified certain militarily defensive actions. In an exchange of diplomatic notes between the governments of the United States and Great Britain, then U.S. Secretary of State Daniel Webster outlined a framework for self-defense that did not require an antecedent attack. Here, the jurisprudential framework permitted a military response to a threat so long as the danger posed was “instant, overwhelming, leaving no choice of means, and no moment for deliberation.” See: Beth M. Polebaum, “National Self-defense in International Law: An Emerging Standard for a Nuclear Age,” 59 N.Y.U.L. Rev. 187, 190-91 (1984) (noting that the Caroline case had transformed the right of self-defense from an excuse for armed intervention into a legal doctrine). Still earlier, see: Hugo Grotius, Of the Causes of War, and First of Self-Defense, and Defense of Our Property, reprinted in 2 Classics of International Law, 168-75 (Carnegie Endowment Trust, 1925) (1625); and Emmerich de Vattel, The Right of Self-Protection and the Effects of the Sovereignty and Independence of Nations, reprinted in 3 Classics of International Law, 130 (Carnegie Endowment Trust, 1916) (1758). Also, Samuel Pufendorf, The Two Books on the Duty of Man and Citizen According to Natural Law, 32 (Frank Gardner Moore., tr., 1927 (1682).

[25]Says Jose Ortega y’Gassett about science (Man and Crisis, 1958): “Science, by which I mean the entire body of knowledge about things, whether corporeal or spiritual, is as much a work of imagination as it is of observation…. The latter is not possible without the former.”

[26] See especially Hugo Grotius (The Law of War and Peace, 1625); Christian Wolff, The Law of Nations Treated According to the Scientific Method (1749) and Samuel Pufendorf, The Whole Duty of Man, According to the Law of Nature (1735). Worth noting here is that though the Founding Fathers of the United States were well familiar with Grotius, Wolff and Pufendorf, these names would go wholly unrecognized today by the US Congress.

[27] Thomas Hobbes’ Leviathan still offers an illuminating and enduring vision of chaos in world politics. Says the English philosopher in Chapter XIII, “Of the Natural Condition of Mankind, as concerning their Felicity, and Misery:” during chaos, a condition which Hobbes identifies as a “time of War,” it is a time “…where every man is Enemy to every man… and where the life of man is solitary, poor, nasty, brutish, and short.” At the time of writing, Hobbes believed that the condition of “nature” in world politics was less chaotic than that same condition existing among individual human beings -because of what he called the “dreadful equality” of individual men in nature being able to kill others – but this once-relevant differentiation has effectively disappeared with the global spread of nuclear weapons.

[28] See by this author, at Oxford University Press, Louis RenéBeres:  https://blog.oup.com/2011/08/philosopher-king/

[29] See Karl Jaspers, Reason and Anti-Reason in Our Time (1952).

[30] See observation by philosopher Emmanuel Levinas, God, Death and Time (1993): “An immortal person is a contradiction in terms.” (p. 45).

[31]The condition of anarchy, which has its codified origins at the Peace of Westphalia,stands in marked contrast to the jurisprudential assumption of solidarity between all states in the presumably common struggle against aggression and terrorism. Such a peremptory expectation (known formally in international law as a jus cogens assumption), 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); Emmerich De Vattel, 1 Le Droit des Gens, Ch. 19 (1758).

[32]We may also think here of an applicable Talmudic metaphor: “The earth from which the first man was made was gathered in all the four corners of the world.”

[33] Useful hereare the more deeply philosophical insights of Pierre Teilhard de Chardin in The Phenomenon of Man (1955):”The egocentric ideal of a future reserved for those who have managed to attain egoistically the extremity of `everyone for himself’ is false, and against nature. No element could move and grow except with and by all the others with itself.”

[34] According to Blackstone, echoing Vattel, each state and nation is 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….” See: 2 William Blackstone, Commentaries on the Laws of England, Book 4, “Of Public Wrongs.” Lest anyone ask about the significance of Blackstone, one need only point out that Commentaries are the original and core foundation of the laws of the United States.

[35] Anti-intellectualism has always been a large part of American political life. Ironically, the Founding Fathers of the United States were intellectuals. As explained by American historian Richard Hofstadter: “The Founding Fathers were sages, scientists, men of broad cultivation, many of them apt in classical learning, who used their wide reading in history, politics and law to solve the exigent problems of their time.” See Hofstadter’s Anti-Intellectualism in American Life (New York: Alfred A. Knopf, 1964), p. 145. See also the authoritative volume by Jacques Barzun, The House of Intellect (1959).

[36] In the precise words of philosopher and scientist Pierre Teilhard de Chardin in his The Phenomenon of Man: “The existence of system in the world is at once obvious to every observer of nature….”

[37] Such attempts may be more appealing during times of disease pandemic, when the “benefits” of scapegoating are especially palpable. During the medieval Black Death, for example, it was common to blame the Jews as well poisoners. In the twentieth century, Third Reich propaganda was often deliberately propped up on the foundations of such previously orchestrated irrationality.

[38]Concerning such commonality or “oneness,” we may learn from Epictetus, the ancient Greek Stoic philosopher, “You are a citizen of the universe.” A still-broader idea of human singularity followed the death of Alexander in 322 BCE; with it came a coinciding doctrine of “universality” or interconnectedness. By the Middle Ages, this political and social doctrine had fused with the notion of a respublica Christiana, a worldwide Christian commonwealth, and Thomas, John of Salisbury and Dante were looking upon Europe as a single and unified Christian community. Below the level of God and his heavenly host, all the realm of humanity was to be considered as one. This is because all the world had been created for the same single and incontestable purpose; that is, to provide secular background for the necessary drama of human salvation. Here, only in its relationship to the universe itself, was the world considered as a part rather than a whole. Says Dante in De Monarchia: “The whole human race is a whole with reference to certain parts, and, with reference to another whole, it is a part. For it is a whole with reference to particular kingdoms and nations, as we have shown; and it is a part with reference to the whole universe, which is evident without argument.” Today, the idea of human oneness can and should be fully

justified/explained in more purely historical/philosophic terms of human understanding.

[39]There have been prophets of global integration in the modern era, especially Condorcet, Immanuel Kant, Auguste Comte and H.G. Wells. For the best treatment of these thinkers and their still-indispensable ideas, see W. Warren Wagar’s the City of Man (1963) and Building the City of Man: Outlines of a World Civilization (1971). Professor Wagar was a great visionary himself, one with whom I had the personal honor to work at Princeton (World Order Models Project) in the late 1960s.

[40] See, by this author, at Oxford University Press:  Louis René Beres, https://blog.oup.com/2011/08/philosopher-king/

[41] “There is something inside all of us,” writes philosopher Karl Jaspers, “that yearns not for reason, but for mystery – not for penetrating clear thought but for the whisperings of the irrational.” (See Reason and Anti-Reason in our Time, 1952). Today, in the United States, the “mysteries” of QAnon should come readily to mind.

[42] See George Santayana, The Life of Reason or the Phases of Human Progress: Reason in Religion 260 (1905).

[43] “Theory is a net,” says the German poet Novalis in a quotation embraced by Karl Popper (The Logic of Scientific Discovery) “only those who cast, can catch.”

[44] This “truth” is perhaps best explained by the philosopher George Santayana in his Reason in Religion (1905).

[45] See, by this author, Louis René Beres, Reason and Realpolitik: US Foreign Policy and World Order (1984); and Louis René Beres, America Outside the World: The Collapse of US Foreign Policy (1987).

[46] See Norbert Elias, The Loneliness of the Dying 44 (1985).

[47]Fear of death, we have already seen in world politics, not only degrades normal life, it creates vast fieldsof premature corpses.

[48]In his Notes from Underground (1862): Dostoyevsky reminds us about civilization: “All it does, I’d say, is develop in man a capacity to feel a greater variety of sensations. And nothing, absolutely nothing else. And through this development man will yet learn how to better enjoy bloodshed.”

[49] Although he doesn’t ever approach these issues from the standpointof international relations or international law, the Basque philosopher Miguel de Unamuno best explains the most imaginative and profound connections between the ineradicable universality of death and what Pierre Teilhard de Chardin calls “planetization.” When I was still a “working professor” at Purdue University, I always advisedmy best students that Unamuno’s Tragic Sense of Life (1921) was the single most important book I had ever read. I continue to stand by this far-reaching assessment.

[50] The classic source of elucidating such a mistaken focus is, of course, Plato’s allegory of the cave in The Republic, an allegory wherein human beings never see reality, but only vague “shadows” of reality.

[51] On the meaning of such useful frames of reference, see: Elemire Zolla, Archetypes: The Persistence of Unifying Patterns (1981).

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International Law

Ensuring Sustainable Development and Peace: Who in the UN is Against it?

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March 2021 marks a year since the World Health Organization announced that the spread of the novel coronavirus COVID-19 had turned into a pandemic. Despite the highly negative socioeconomic consequences it had for the international community, the U.S.-led countries of the North did not alter their course to prevent the UN General Assembly from adopting resolutions (14 in total) aimed to ensure sustainable development and stable peace and to counter the use of unilateral financial measures, which remain intact and intended to curtail the international community’s efforts to guarantee the right to development and a decent life. Since resolutions are adopted by majority vote of all the UN member states (193), the efforts of the Global North prove futile, anyway. The article explores the stances of states when voting on the resolutions of the UN General Assembly pertinent to the issues discussed in this piece.

Promoting Sustainable Development and Stable Peace

In the context of global economic inequality, the North–South dichotomy is a conflict of interests between industrially developed and developing nations. The conflict has to do with the expanding gap in socioeconomic and cultural development between the “rich” countries of the North and the “poor” countries of the South. According to the UN, the number of people living in extreme poverty shrank from 36% in 1990 to 10% in 2015. However, owing to the coronavirus pandemic, the pace of the changes is slowing down and the world is running the risk of nullifying the decades-worth of progress in combating poverty.

The gap in capital distribution, income and quality of life brings about socioeconomic and political upheavals worldwide, which is a challenge to security and to the stability of the global economy.

Since the early 21st century, the international community has made serious efforts to counter the North–South dichotomy and eliminate the consequences of global inequality.

For instance, on September 8, 2000, the Millennium Summit adopted a Declaration that included a roadmap up to 2015. The document contained eight goals, 18 objectives, and 48 indicators for measuring the achievement of the so-called Millennium Development Goals (MDGs).

The UN Sustainable Development Summit of September 25–27, 2015 unanimously approved the Sustainable Development Agenda. The document‒called “Transforming our World: The 2030 Sustainable Development Agenda” and unofficially dubbed “Sustainable Development Goals”, or the SDGs‒contains a set of goals (17 in total) for international cooperation in global development. Part of the implementation of the Global Agenda, it went into effect on January 1, 2016.

However, from 2016 onwards, the United States, the European Union and their satellites, including Ukraine, started voting against the adoption of the resolution “Sustainable Development: Implementation of Agenda 21, the Programme for the Further Implementation of Agenda 21 and the outcomes of the World Summit on Sustainable Development and of the United Nations Conference on Sustainable Development”—something previously adopted without voting. In 2019, most opponents, with the exception of the United States and Israel, “abstained.”

The vote on the fundamental resolution “The Right to Development” showed a certain split among the countries of the North. However, the backbone of the “rich” Western European nations and the United States (as well as Ukraine, which sided with them) invariably cast their vote “against” the motion. Voting on such resolutions as “Implementation of the Recommendations Contained in the Report of the Secretary-General on the Causes of Conflict and the Promotion of Durable Peace and Sustainable Development in Africa” and “New Partnership for Africa’s Development: Progress in Implementation and International Support” showed differences in opinions as well.

The European Union member states and Ukraine support the United States in voting against the resolution “Promotion of Peace as a Vital Requirement for the Full Enjoyment of All Human Rights by All,” which, among other things, stresses that the ever-increasing gap between the developed and the developing worlds poses a major threat to global prosperity, peace and security, and stability. A similar situation happened with the resolution “Eradicating Rural Poverty to Implement the 2030 Agenda for Sustainable Development.”

We should also note that the U.S. stance under the Trump Administration changed radically‒and this position was supported by Israel only, as well as by Libya in one instance‒when voting on the following UN General Assembly resolutions:

  1. “The Right to Food” (in 2009–2016, the resolution was adopted without voting; the United States and Israel have voted against it since 2017).
  2. “Global Health and Foreign Policy: Strengthening Health System Resilience through Affordable Health Care for All” (in 2008–2017, the resolution was adopted without voting; in 2018, the United States and Libya voted against it; in 2019, it was adopted without voting; in 2020, the United States alone voted against it).
  3. “International Financial System and Development” (in 2000–2016, the resolution was adopted without voting; in 2017, the United States and Israel voted against it; in 2018–2019, the United States alone voted against it).
  4. “International Trade and Development” (in 2011–2016, the resolution was adopted without voting; in 2017 and 2020, the United States and Israel voted against it; in 2018 and 2019, the United States alone voted against it).
  5. “Commodities” (in 2004–2015, the resolution was adopted without voting every two years; in 2017, the United States and Israel voted against it; in 2019, the United States alone voted against it).

Use of Unilateral Financial and Economic Measures

Global economic inequality along the provisional “North–South” confrontation axis was particularly evident during the pandemic, when the effect of sanctions acquired the scale of an emergency (Venezuela, Iran).

In order to help the international community overcome the consequences of the coronavirus, UN Secretary General Antonio Guterres addressed the heads of the G20 member states at the very outset of the pandemic (March 25, 2020), calling for them to lift their sanctions so that states would have access to food, essential goods and medical aid in combating COVID-19. Michelle Bachelet, UN High Commissioner for Human Rights, called for easing sanctions against states combating COVID-19. Restrictive measures can hinder the effective response to the pandemic, which will inevitably have a negative impact on other states. The United Nations and the international community have placed overcoming the pandemic and its consequences at the top of their agenda.

At an extraordinary G20 Summit on March 26, 2020, Russia’s President Vladimir Putin proposed introducing green corridors free from trade wars and sanctions and open primarily for essential goods, food, medicines, personal protection equipment needed precisely to combat the pandemic. On the same day, the eight states currently under restrictive measures, specifically Russia, Venezuela, Iran, China, North Korea, Cuba, Nicaragua and Syria, sent a letter to Antonio Guterres on the negative impact the sanctions were having on the human rights agenda and economic growth.

On April 3, 2020, Alena Douhan, UN Special Rapporteur on the Negative Impact of the Unilateral Coercive Measures on the Enjoyment of Human Rights, called for lifting or at least suspending sanctions amid the COVID-19 pandemic. In her opinion, unilateral measures adopted in circumvention of the UN Security Council affect economic, social and civil rights and, most importantly, the right to development. The pandemic has obviously resulted in unemployment, bankruptcy of some economic sectors and falling incomes, thus exacerbating the negative effect of unilateral economic restrictions. The sanctions policy hinders the recovery of markets and the global economy, which has a knock-on effect on the development of emerging markets.

Despite calls from the United Nations, the countries of the North do not deem it necessary to change their sanctions policies. In December 2020, the United States, the European Union and the few states that joined their ranks, including Ukraine, voted against the Human Rights and Unilateral Coercive Measures resolution that calls, among other things, for ceasing the use of essential goods as a tool of political coercion, especially in the context of global healthcare problems, such as the COVID-19 pandemic.

At the same time, the United States and the European Union typically vote differently on the resolution “Unilateral Economic Measures as a Means of Political and Economic Coercion against Developing Countries” since 2001, the EU countries have abstained from voting, while the United States and Israel have voted against it. However, when voting on the resolution “Toward a New International Economic Order” (a supplement to the existing resolution on the “International Financial System and Development”), where the General Assembly calls for an international order based on the principles of “sovereign equality, interdependence, common interest, cooperation, and solidarity among all States” and also recommends that states “refrain from promulgating and applying any unilateral economic, financial or trade measures,” the EU and their satellite states, including Ukraine, support the United States and vote against such motions.

Russia and the Sustainable Development Goals

Russia supports the adoption of the above-listed resolutions of the UN General Assembly and actively promotes development goals, both by incorporating them in its national projects and strategic development planning and by giving other countries access to financial resources. Over the last two years, Russia has provided humanitarian aid to 21 states in Latin America, Southeast Asia and Africa, over USD 25 million worth in total. Interest in providing international aid has only increased amid the pandemic: Russia provided anti-coronavirus aid in the form of medical equipment and products, personal protection equipment and medical ventilators to more than 20 states.

On March 17, 2020, the Government of the Russian Federation approved the Priority Action Plan for Ensuring Sustainable Economic Development in Conditions Exacerbated by the Spread of COVID-19, which is aimed at achieving the SDGs nationally. The anti-crisis plan provides for the following measures: provision of essential goods; support for economic sectors in the risk zone; support for small- and medium-sized enterprises; and general system-wide measures (establishing a guarantee fund for restructuring loans to companies affected by the worsening situation as a result of the spread of COVID‑19; compiling a list of backbone enterprises in the Russian economy; and operational monitoring of the financial and economic state of backbone organizations).

Currently, the SDGs in Russia are integrated into national projects and other strategic and program documents, such as the Food Security Doctrine of the Russian Federation, as well as state programmes, such as “Development of Education,” “Accessible Environment,” “Promoting Employment” and “Comprehensive Development of Rural Territories.” In 2020, twelve national projects as well as the Comprehensive Plan for Modernization and Expansion of the Trunk Infrastructure cover 107 out of 169 objectives set forth by the UN.

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International Law

China and India must stop rivalry and begin to reform the Third World

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The First World has been anticipating with a great enthusiasm to see geopolitical tensions between China and India. On the one hand, the United States has been wittingly trying to control the Indian Ocean. On the other, the diplomatic and trade ties between China and India are lopsided. Boycotting Chinese goods by India certainly enlarged the tensions not only between these Asian powers but also among the Third World states and most importantly in South Asia region. The People’s Republic of China, which is being considered as superpower of Asia must stop diplomatic rivalry with its neighbor and decades long diplomatic partner, India. The Republic of India, which is also being considered as one of the largest economies outside the west, has to stop its rivalry with China to safeguard non-western economic interests. As world observing, there has been frontier dispute going on between these two non-western largest political and economic powers for a last couple of years.

According to customary International law, as far as any territorial dispute is concerned, every state has the right to protect its national borders without any external legal oppression. In this regard, as far as China is concerned, it has its primary responsibility to protect its national borders. On the other, India has also unequivocal responsibility to protect its national borders under the Law of Nations. In these adverse circumstances, the leader of the Third World ( to some extent, I refer this word as leader of the third world, since China has a tremendous capability to lead the developing world ) and as well as the fastest growing economy of the Third World must unite and strive for three essential goals. I would clearly argue about them here. Before that, let me get into the economic background of these two nations.

Since the end of the Second World War, these two former British colonies have strived tremendously for becoming economically self-dependent nations. But in those attempts, China has accelerated its industrialization in the period of Den Xiaoping and turned as a manufacturing hub of the world, while India has only become as largest importer of goods, however it got reached to the peak stage of International economic order that could slightly influence International legal order. The main contention of this piece lies in examining why India and China should stand together as a common force. Let me now turn towards the main argument of this writing. The leader of the Third World China has to strive to become success in three essential goals with the collaboration of India.  The first essential goal is to mobilize non-western nations to fight for decolonization of west made International law. The second essential goal is to fight for new global economic order, which can make Third World rich. And the third one that what China must do is to promote industrial growth in Third World nations.

Let’s debate one by one. In the past history, the rest of the world outside the west had been arguably ruled by the European powers. There were plenty of battles, as we all know taking place for safeguarding their sovereignty. It must be admitted that the International rules, whatever were substantially made by the colonial powers, were framed to suppress non-western people. To prove it, the Third World International law scholarship has accepted that International law is a product of European civilization, which is in this 21st century being used as a legal instrument by the United States to expand west’s global dominance. Prof Antony Anghie, the vital voice of the Third World Approaches to International law, clearly mentions in his great writing “Imperialism, Sovereignty and the Making of International law” that “International law is an absolute construct of Western colonial powers with imperial ambitions”. This interpretation of Prof Anghie, should deeply be understood by each and every student of International law with legal intellectual concern. We should never like to hate the west and blame the First World and its leader the United States. But, Third Worldism has to rethink its history unavoidably to generate new form of International, political and economic policies for its self growth. Most important thing among all the concerns is that China which I refer as leader of the Third World, should work to increase the political and legal ability of the Third World countries at International platform that is the Security Council. Third World countries absolutely do not have participation in the Security Council, which is considered as a top body of the world where the final decisions on global conflicts are made. So in this context, China and India must initiate the political and legal campaign of the Third World to reform the Security Council. This should become an agenda of the Asian African countries too.

We are turning towards the second essential goal that is the new global economic order. The whole word is currently living in the age of Globalization. To say in simple terms, the Globalization is nothing but the global capitalism, which affects the daily life of an ordinary citizen of the world. However, the Globalization has its roots in International Economic Order adopted in 1974 by the United Nations General Assembly. As the rest of the world outside the West knows that, the developing countries were intended for economic decolonization and as well as to decrease the dependency on industrially developed nations. The process of economic decolonization of the Third World is linked with economic policies of the Bretton Woods Institutions, since most of the power lies with the World Bank and International Monetary Fund. The New International Economic Order which is intended to decolonize developing economies, being violated by the developed nations and International financial institutions. The founding principles of the G-77 countries have not been reached through United Nations General Assembly adopted International Economic Order. In above mentioned facts and factors, the Globalization has been playing a primary role in influencing and shaping Global South economy. The western richness is absolutely on the rise due to existence of International trade and economic norms that are maintained by the system of Globalization. In this context, the leader of the Third World China and the fastest growing economy of the Third World India, must initiate a campaign for a new Global Economic Order which would eradicate poverty and make the Third World rich.

Now debating regarding third essential goal that is to develop industrial growth in Third World countries. The modern economic history begins with the Industrial Revolution which had taken place in Europe. It had a destructive effect on Third World domestic productions. But in the 21st century it is fully occupied by the People’s Republic of China. One of the major developmental obstacles facing Third World countries is the industrial growth. The vast gap that exists between the affluent First World countries and the impoverished Third World countries is indirectly dictating these poor countries to obey the west dominated global economic, political and legal order In the TWAIL scholarship, the ideas propounded by scholars like RP Anand, Prof Bupendra Chimni have affirmed that modern International law was an Eurocentric creation determined to uphold the economic hegemony of the West. In the backdrop of such a historical anomaly, both India and China should alter their parochial stances in order to counter the Western hegemony in the International economic sphere. In this context, these two countries China and India have to review their foreign policy to cooperate with other Asian and African countries in terms of developing domestic industrial growth. There is a need for Third World countries to depend on industrially developed states since these countries have no all sorts of domestic industries. But of course I would agree that the interdependence of countries with each other is inevitable in this era of Globalization. In spite of that, No country should be forced to make her foreign policy favor to a particular state which is against the freedom of a state under International law. In these circumstances, the Third World countries should be encouraged profoundly towards industrial growth. Most importantly, the leader of the Third World China has to prefer it as a principal agenda in its foreign policy. China’s rivalry with India splits up India from this sort of International economic, political and legal conceptions.   

Concluding Remarks

As I have mentioned above, economic needs of a country decide the way of a country where to go in International arena. To say in simple terms, economics dictates politics while politics dictates law. So, to achieve new International legal order, should develop economic capability of the Third World. As I have said before, the leader of the Third World China and one of the largest economies of the world India both must put an end to frontier disputes and initiate a campaign for three essential goals that I have already mentioned. The first and primary essential goal is to mobilize non-western nations to fight for decolonization of west made International law. China and India both alone would never achieve this great achievement. All non-western nations are required to be mobilized to work for decolonization through reformation of the Security Council. The second primary agenda is to fight for new Global Economic Order, which protects the natural rights of states like sovereignty over all their natural resources. The final and concluding agenda is to encourage industrial growth in Third World states, which would decrease the dependency of states with each other.

Finally I reached to the end and I would conclude by stating a great remark that International law is never separated from International politics while International politics is never separated from the global economic policies which are framed and monitored by the Bretton Woods Institutions.

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