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Trump’s Wrongful Pardons for International Law Violations

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“….he shall have Power to grant Reprieves and Pardons for Offences against the United States….”Article 2, Section 2, US Constitution

ABSTRACT: At the time of a second impeachment trial, this one centering on Trump’s alleged “incitement to insurrection” in early January 2021, there would seemingly be no good reason to reference less serious presidential derelictions. Nonetheless, as a matter of US law, the Constitution makes explicit that the president’s pardoning power is restricted to “Offenses against the United States” (Donald J. Trump issued certain specific pardons for offenses against international law.) The following article clarifies the legal norms involved in this wrongful issuance, and key factual elements of  the former president’s pertinent wrongdoings.

During his persistently defiling tenure, US President Donald J. Trump’s legal wrongdoings were multiple, egregious and manifestly far-reaching. Mr. Trump was especially wanton in regard to required compliance with coinciding expectations[1] of Constitutional law and international law.[2] More precisely, in stark contravention of both the US Constitution  and his  presidential oath of office, several “law of nations” violations were wrongfully pardoned at the end of his tumultuous term in office.[3]

                In these vital matters, jurisprudence deserves pride of place. To the extent that law is ultimately an instrument of justice, all civilized legal norms are recognizably interconnected and universally binding. International law,[4] more traditionally called the law of nations,[5] shares its principal conceptual and historic origins with United States law.[6] Above any reasonable contestation, these discoverable wellsprings lie in “Natural Law.”[7]

                There are further particulars. Inter alia, international law is an integral part of US law.[8] When an American president encourages or ignores violations of international law, whether by the United States or by any other state (e.g., Trump and Putin’s Russia), he is acting (correspondingly or derivatively) against the Constitution and against natural law.[9] At the same time, though responsible for supporting the core norms of international law, an American president has absolutely no US law-based right to pardon individuals for their violations.

               Not any individuals.

               Following even a second Trump impeachment trial, Americans need to inquire more fully:  What went wrong when Trump pardons were issued for assorted offenses not committed “against the United States?” Though complicated by very substantial interpenetrations of US law, natural law[10] and international law, the United States Constitution is utterly clear on one specific pardoning exclusion: A president’s power to pardon does not extend to any violations of  international law.

               This power is always limited to “Offenses against the United States.”[11] These offenses, moreover, are not subject to any idiosyncratic, whimsical or loosely ad hoc definition. Prima facie, they are limited to “…only those offenses declared to be such by the solemn action of the legislative body.”[12]

               There is more. The law of nations, or international law, is federal common law.  The constitutionality of federal subject matter jurisdiction on such primary matters is established at Articles III and VI of the Constitution, and also in those actions involving US treaty violations. Per Judge Edwards in Tel-Oren, actions involving violations of international law arise under US law because “the law of nations[13] is an integral part of the laws of this country.”[14]

               And yet, several of Donald J. Trump’s 2020/2021 pardons expressly concerned violations of international law.[15]  These wrongful presidential grants of immunity not only undermined the fundamental law of nations, they were ipso facto unlawful under United States law.[16]  These are some prominent and representative examples:

Michael Flynn, criminal contacts with a foreign (Russian) ambassador

Paul Manafort, financial fraud with a foreign (Russia) government

Mark Siljander, criminal work as a foreign agent for an Islamic charity seeking removal of its name from the official US list of pro-terrorist organizations

Nicholas Slatten,  Blackwater contractor, sentenced for first degree murder in the 2007 massacre of Iraqi civilians including children[17]

Paul Slough, also a member of the “Blackwater Four,” sentenced for the unprovoked massacre of Iraqi civilians

Evan Liberty, for slaughter of Iraqi civilians in Baghdad

Michael Behenna, former US Army lieutenant, for 2008 murder of an Iraqi civilian during the US occupation

Clint Lorance, former US Army lieutenant, convicted in 2013 of war crimes; Lorance ordered his men to open fire on unarmed civilians in Afghanistan. Even former Trump-appointed Secretary of Defense Mark Esper had objected openly to this pardon.

                In all of the above cases that involve crimes of war,[18] a competent legal scholar could argue more-or-less cogently that the Trump pardons were not granted solely for violations of international law. Such an argument would be based on the well-established understanding that the laws of war – aka humanitarian international law- have previously been “incorporated” into the laws of the United States.[19] Such a selective argument, however, would overlook that the Trump pardons (1) represented an abuse of a president’s Constitutional obligation to “faithfully execute the law;”[20] and (2) ignored the always-complementary US position that a pardon is “an act of grace, proceeding directly from the power entrusted with the execution of the laws….”[21]

               These expressions of impermissible action are not complicated or hard to fathom. US President Donald J. Trump’s pardons were anything but “an act of grace.” Rather, in legal-philosophical terms, they were cynical re-affirmations of the Sophist view of justice revealed inter alia in Plato’s Republic. In that dialogue, says Thrasymachus famously (or infamously), “Right is the interest of the stronger.”[22]

               At this point, a continuously core legal problem for the Biden administration will be how to challenge, reverse and/or remediate Donald J. Trump’s  flagrant abuses of the US Constitution’s pardoning power. Are there discoverable ways in which proper actions could be correctly andpragmatically undertaken? Plausibly, valid answers are (1) within calculable reach of disciplined legal reasoning; and (2) best  approached dialectically.[23]

               Though now subject to change by President Joe Biden and a willing Senate, the United States is still not a party to the International Criminal Court.[24] In principle,  a prospective plaintiff with an appropriate judicial interest in correcting these matters could bring justifiable  claims into US federal court by way of the Alien Tort Statute (1789).[25] Some examples might be by foreign nationals and identifiable relatives of victims injured or killed by one or several of the above-listed American beneficiaries of wrongful presidential pardon (e.g., the “Blackwater Four”). But even if civil law remedies were allowed in such a markedly complex claim, this particular judicial strategy would not necessarily revoke or remediate any of the now-antecedent Trump pardons.

               In 2021, there can no longer exist any reasonable questions about an individual’s criminal responsibility for violations of international law.[26] A de facto result of US President Donald J. Trump’s pardoning of certain individual US citizen actions overseas was to retroactively eliminate or override such established responsibility. In effect, the former president’s pardon was illegal on two separate but closely interrelated grounds:  (1) the general invalidity of pardons for violations of international law and (2) the specific exoneration of particular international crimes.

               On these subjects, legal scholars must look ahead. Accordingly, they ought to inquire, “What is to be done now?” The principal underlying question is how to effectively revoke or remediate a series of unlawful US presidential pardons. For a variety of reasons – not the least being a statutory reliance upon foreign nationals in order to support US law – looking to the eighteenth-century Alien Tort Statute for guidance would prove unsatisfactory.

               Among other things, Alien Tort was enacted in 1789 for different and very precise reasons; it has never been leveraged for the markedly urgent purpose currently under discussion.[27]

               There is more. Under authoritative international law, the criminal responsibility of individuals cannot be removed by the unilateral actions of any national government. This is because a person is always liable for punishment by international law independently of any exculpatory provisions of internal law.

               Significantly, this fundamental principle references the unchallengeable “supremacy” of international law over national law.[28] At Nuremberg, the Tribunal included the following statement in its binding final judgment: “…the very essence of the Charter (London Charter of August 8, 1945) is that individuals have international duties which transcend the national obligations of obedience imposed by the individual state.”[29]

               States have a reciprocal and peremptory obligation[30]  to avoid “denials of justice”[31] in the sense intended by international  law.  This vital obligation is based on eminently reasonable concerns that by pardoning a criminal, a state “assumes responsibility for his past acts.”[32] In the particular case of  multiple Trump pardons for violations of international law, especially those pardons involving war crimes, this means reputational consequences. By definition, this signifies consequences that include specific legal diminutions of the United States.

               At this stage, the only potentially realistic source for any justice-based remediation  of Trump pardons involving international law would have to originate with President Joe Biden. Though conceivable in law-supporting principle, any presumed imperative to take this technically-complicated route is also apt to be outweighed by the new president’s legitimate hopes for both national and international reconciliation. To be sure, the prospective value of such law-enforcing hopes ought not to be minimized or disparaged, but there should nonetheless remain a prominent place for the US Constitution.

               It is a document that deserves to be taken seriously on all counts.

               As has now been made manifest, under terms of Article 2, Section 2 of the Constitution, a US president has authority to pardon only for “Offenses against the United States.” When Donald J. Trump pardoned several US citizens who had been complicit in various egregious offenses against the law of nations, this president wittingly exceeded his lawful authority. Naturally, as a practical matter, after a sitting president encouraged an armed insurrection  against his own country – an insurrection that led directly to his second impeachment trial – this less palpable Trump violation pales in hierarchical importance. Still, it warrants meaningful condemnation and suitable punishment.

               To the extent that Americans could now agree to demand more genuinely law-observant presidents, it will be crucial to preserve legal memory of this  overlooked violation and to do whatever is Constitutionally required to prevent similar pardon-related derelictions . Among other grievous harms, ignoring such a primary legal obligation in the future could sometime heighten the odds of spawning serious international conflict. In an utterly worst-case scenario, this expanded risk-prospect would include even a nuclear war.[33]

——————–


[1] These coinciding expectations concern a US president’s authoritative incapacity to pardon for crimes committed against international law. These normative expectations are also mutually reinforcing.

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

[3] For official US Department of Justice listing of all Trump pardons, see: https://www.justice.gov/pardon/pardons-granted-president-donald-trump

[4] International law, which is an integral part of the legal system of all states in world politics, already assumes a reciprocally common general obligation to supply benefits to one another, and to avoid war at all costs. This core assumption of jurisprudential solidarity is known formally as a “peremptory” or jus cogens expectation, that is, one that is not even subject to question. It can be found already in Justinian, Corpus Juris Civilis, Hugo Grotius, The Law of War and Peace (1625) and Emmerich de Vattel, The Law of Nations or Principles of Natural Law (1758).

[5] The US Neutrality Act, 18 U.S.C. Sec. 960 (originally Sec. 25)(1794) was enacted in order to implement this Law of Nations. Pertinent Congressional authority derived most specifically from article 1, Section 8, clause 10 of the U.S. Constitution. See also Talbot v. Jansen, 3 U.S. (3 Dall.) 133, 156 (1795)(Paterson, J).

[6] International law is ultimately deducible from natural law. According to Blackstone, each state and nation is always 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 current significance of Blackstone, one need only point out that Commentaries represent the original and core foundation of the laws of the United States.

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

[8] 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.'”).

[9] We may recall here Thomas Aquinas’ commentary on Augustine: “St. Augustine says: `There is no law unless it be just.’ So the validity of law depends upon its justice. But in human affairs, a thing is said to be just when it accords aright with the rule of reason; and as we have already seen, the first rule of reason is the Natural Law. Thus, all humanly enacted laws are in accord with reason to the extent that they derive from the Natural Law. And if a human law is at variance in any particular with the Natural Law, it is no longer legal, but rather a corruption of law.” See: SUMMA THEOLOGICA, 1a, 2ae, 95, 2; cited by A.P. D’Entreves, NATURAL LAW: AN INTRODUCTION TO LEGAL PHILOSOPPHY (1951), pp. 42-43.

[10] Emmerich de Vattel’s The Law of Nations or the Principles of Natural Law (1758) gives important emphasis to the natural law origins of international law. Arguing from the assumption that nations are no less subject to the laws of nature than are individuals, he concludes that what one man owes to other men, one nation, in turn, owes to all other nations: “Since Nations are bound mutually to promote the society of the human race, they owe one another all the duties which the safety and welfare of that society require.” With this in mind, Vattel proceeded to advance a permanent standard by which we can distinguish between lawful and unlawful practices in global affairs: “Since, therefore, the necessary Law of Nations consists in applying the natural law to States, and since the natural law is not subject to change, being founded on the nature of things and particularly upon the nature of man, it follows that the necessary Law of Nations is not subject to change. Since this law is not subject to change, and the obligations which it imposes are necessary and indispensable, Nations can not alter it by agreement, nor individually or mutually release themselves from it.” (See: Vattel, The Law of Nations, supra, Introduction to Book I, p. 4.)

[11] “States shall not take….any measures  which may be prejudicial to the international obligations they have assumed in regard to the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity.” See Principles of International Cooperation, General Assembly Resolution, 1973 See Principles of International Cooperation in the Detection, Arrest, Extradition and Punishment of Persons Guilty of War Crimes and Crimes Against Humanity, GA Res. 3074 (XXVlll), 3 December 1973.

[12] See United States v. Grossman, 1 F. 2d 941, 950 (N.D. 111. 1924).

[13] This law includes certain norms of a customary as well as codified nature. Article 38(1)(b) of the Statute of the International Court of Justice describes international custom as “evidence of a general practice accepted as law.”  59 Stat.  1031,  T.S. No. 993 (June 26, 1945).  The norms of customary international law bind all states irrespective of whether a State has ratified the pertinent codifying instrument or convention.  International law compartmentalizes apparently identical rights and obligations arising both out of customary law and treaty law.  “Even if two norms belonging to two sources of international law appear identical in content, and even if the states in question are bound by these rules both on the level of treaty-law and on that of customary international law, these norms retain a separate existence.”  See Military and Paramilitary Activities (Nicaragua v. U.S.),  1986 I.C.J. Rep.  14,  para. 178 (June 27).

[14] 726 F.2d at 787 (Edwards, J., concurring).

[15] In this regard, consider Emmerich de Vattel, The Law of Nations (1758),  “The first general law, which is to be found in the very end of the society of Nations, is that each Nation should contribute as far as it can to the happiness and advancement of other Nations.”

[16] See e.g., United States v La Jeune Eugenie, 26 F. Cas. 832, 846 (C.C.D. Mass, 1822)(No. 15, 551)(regarding “an offense against the universal law of society.) Per Jordan J. Paust, “…violations of international law are not merely offenses against a sovereign, and a sovereign cannot absolve them.” See: Jordan J. Paust, “Contragate and the Invalidity of Pardons for Violations of International Law,” Houston Journal of International Law, Vol. 10:51 (52). It should also be noted that Professor Paust’s refined work on these complex  legal issues was both seminal and exemplary.

[17] Slatten and the other three convicted Blackwater defendants were found guilty of war crimes (see below) including “Grave Breaches.” This term applies to certain infractions of the Geneva Conventions of 1949 and Protocol I of 1977.  The actions defined as “Grave Breaches” in the four Conventions must be performed willfully or intentionally, and against the different groups of “protected person” identified by each Convention.  The High Contracting Parties to the Geneva Conventions are under obligation “to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed,” a grave breach of the Convention.  As defined at Art. 147 of Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War (6 U.S.T.  3516, signed on Aug. 12 1949, at Geneva),  Grave Breaches  “shall be those involving any of the following acts, if committed against persons or property protected by the present Convention:  willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or willfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.  Reference to Grave Breaches can also be found in the INTERIM REPORT OF THE COMMISSION OF EXPERTS,  UNITED NATIONS DOCUMENT,  S/25274,  January 2, 1993, at Sec. 3.,  Art. 47.

[18] “Crimes of War” concern (1) laws on weapons; (2) laws on warfare; and (3) humanitarian rules.  Codified primarily at the Hague and Geneva Conventions, and known thereby as the Law of the Hague and the Law of Geneva, these rules seek, inter alia, to bring discrimination (distinction); proportionality and military necessity into belligerent calculations.  On the main corpus of jus in bello, see: Convention No. IV, Respecting the Laws and Customs of War on Land, With Annex of Regulations,  Oct. 18, 1907,  36 Stat. 2277,  T.S. No. 539,  1 Bevans 631 (known commonly as the “Hague Regulations”);  Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field,  Aug. 12, 1949,  6 U.S.T.  3114,  T.I.A.S.  No. 3362,  75 U.N.T.S.  85;  Convention Relative to the Treatment of Prisoners of War,  Aug. 12, 1949,  6 U.S.T.  3316,  T.I.A.S.  No. 3364,  75 U.N.T.S.  135;  Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12,  1949,  6 U.S.T.  3516,  T.I.A.S.  No. 3365,  75 U.N.T.S.  287.

[19] It was essentially on the basis of these incorporations (and not antecedent codified and/or customary international law) that the four Blackwater defendants were originally prosecuted by the US Department of Justice. It follows that the herein-discussed international law violation exception to a US president’s power to pardon could not be correctly invoked in these cases. The actual language of their respective pardons excused them only for crimes under US law, which would have included Title 18 federal court) and Title 10 (military court). Nonetheless, at least in principle, these four convicted and pardoned war criminals could still become the object of assorted extradition requests sometime during the upcoming Biden presidency or after – for alleged war crimes in Iraq and/or Afghanistan (venues outside of the United States).Moreover, all  four will remain subject to arrest and prosecution if they should travel anywhere outside of the United States.

[20] Criminal responsibility of leaders under international law is not limited to direct personal action or by official position. On the principle of command responsibility, or respondeat superior, see, e.g., Yamashita v. Styer, 327 U.S. 1(1945); Trial of Wilhelm von Leeb(Case No. 72) 12 L. Rep. Trials War Criminals 1 (1948);William V. O’Brian, The Law of War, Command Responsibility and Vietnam, 60 GEO. L.J.605 (1972); William H. Parks, Command Responsibility for War Crimes, 62 MIL. L. REV. 1(1973). The direct individual responsibility of leaders is also 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 art. 7, Aug. 8, 1945, 59 Stat. 1544, 82 U.N.T.S. 279.

[21] See United States v, Wilson, 32 (U.S. 7 Pet., 150, 160 (1833)(Marshall, CJ writing for the majority.). See also, Laurence Tribe, American Constitutional Law 193, n.10 (1978). On the president’s obligation to faithfully execute international law, see: J. Paust, “The President is Bound by International Law,” 81 A. J. Int’l L., 377(1987).

[22] Bk. I, Sec. 338 of Plato, The Republic, (B. Jowett tr., 1875). 

[23] Taken from Plato’s lexicon of philosophical investigation, dialectic has its root in the Greek verb meaning “to converse,” where the objective of any such conversation is to discover “what each thing actually is.” (Republic.) Speaking through Socrates, it is evident that Plato regarded dialectic as the highest or supreme form of inquiry and knowledge.

[24] https://www.icc-cpi.int/NR/rdonlyres/EA9AEFF7-5752-4F84-BE94-0A655EB30E16/0/Rome_Statute_English.pdf

[25] Originally enacted as section 9 of the Judiciary Act of 1789, granting to district courts original jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” In 1980, in a suit pertaining to the international crime of torture (a crime conceivably relevant to one or more of the listed Trump pardon beneficiaries), the US court upheld federal jurisdiction under the Alien Tort Statute because the crime of torture was in violation of “modern international law.” See: Filartiga v. Pena-Irala; 630 F.2d, 876 (2d Cir. 1980)(Kaufman, J.).

[26] See for example, Respublica v. De Longchamps, 1 U.S. (1 Dall.) 111 (Pa. Sup. Ct 1784).

[27] Alien Tort could only grant actual victims or their survivors a capacity to seek monetary damages. It would not directly serve the interests of countermanding or remediating  any relevant Trump pardons.

[28] Significantly, for the matter at hand, post-Nuremberg, this supremacy extends to leaders, who are now legally responsible even for indirect crimes. In essence, under an always-overriding  international law, the criminal responsibility of leaders is not limited to direct personal action nor is it necessarily limited by official position.  On the peremptory 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 (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 is also 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 Stat.  1544,  E.A.S.  No. 472,  82 U.N.T.S.  279,  art. 7.

[29] The principles of international law recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal were affirmed by the U.N. General Assembly as AFFIRMATION OF THE PRINCIPLES OF INTERNATIONAL LAW RECOGNIZED BY THE CHARTER OF THE NUREMBERG TRIBUNAL.  Adopted by the U.N. General Assembly, Dec. 11, 1946.  U.N.G.A. Res. 95 (I), U.N. Doc. A/236 (1946), at 1144.  This AFFIRMATION OF THE PRINCIPLES OF INTERNATIONAL LAW RECOGNIZED BY THE CHARTER OF THE NUREMBERG TRIBUNAL (1946) was followed by General Assembly Resolution 177 (II), adopted November 21, 1947, directing the U.N. International Law Commission to “(a) Formulate the principles of international law recognized in the Charter of the Nuremberg Tribunal and in the judgment of the Tribunal, and (b) Prepare a draft code of offenses against the peace and security of mankind….” (See U.N. Doc. A/519, p. 112).  The principles formulated are known as the PRINCIPLES OF INTERNATIONAL LAW RECOGNIZED IN THE CHARTER AND JUDGMENT OF THE NUREMBERG TRIBUNAL.  Report of the International Law Commission, 2nd session, 1950, U.N. G.A.O.R. 5th session, Supp. No. 12, A/1316, p. 11.

[30] According to Article 53 of the Vienna Convention on the Law of Treaties: “…a peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.” See: Vienna Convention on the Law of Treaties, Done at Vienna, May 23, 1969. Entered into force, Jan. 27, 1980. U.N. Doc. A/CONF. 39/27 at 289 (1969), 1155 U.N.T.S. 331, reprinted in 8 I.L.M.  679 (1969).

[31] See The Federalist No. 80 (Hamilton).

[32] See 1 Restatement of the Foreign Relations Law of the United States (Revised) Sec. 711, 2B (Tent, Draft No, 6, 1985).

[33] For early accounts by this author of nuclear war risks and consequences, see: Louis René Beres, Apocalypse: Nuclear Catastrophe in World Politics (Chicago: University of Chicago Press, 1980); Louis René Beres, Mimicking Sisyphus: America’s Countervailing Nuclear Strategy (Lexington, Mass., Lexington Books, 1983); Louis René Beres, Reason and Realpolitik: U.S. Foreign Policy and World Order (Lexington, Mass., Lexington Books, 1984); and Louis René Beres, Security or Armageddon: Israel’s Nuclear Strategy (Lexington, Mass., Lexington Books, 1986). Most recently, by Professor Beres, see: Surviving Amid Chaos: Israel’s Nuclear Strategy (New York, Rowman & Littlefield, 2016; 2nd ed. 2018). https://paw.princeton.edu/new-books/surviving-amid-chaos-israel%E2%80%99s-nuclear-strategy

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

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How terrible the consequences of the Cold War can be

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Image source: kremlin.ru

After World War II, the conflict over superiority between the United States and the Soviet Union began. The US-led NATO and the Soviet-led Warsaw Pact were formed. Apart from this, of course, NAM is also formed. As a result, the world is divided into three parts. NATO and Warsaw Pact are in competition with each other. It caused widespread conflict and violence around the world. In many countries there is a change of power. Most countries increase military power. In this situation, the Soviet Union collapsed in 1991. As a result, America became the sole superpower and imposed arbitrary capitalism, free trade and domination in the world. With China’s unimaginable economic and military progress these days, it has inevitably come to dominate the United States. As a result, the United States considers China as its main rival.

It has already taken steps to suppress China by declaring its main enemy, the main tool of which is sanctions. China is also responding to America’s every move. Yet America did not give up. New President Biden has formed an anti-China military alliance – QUAD and AUKUS.  The QUAD formed on March 12 with the United States, Australia, India and Japan. On September 15, the top leaders of the United States, the United Kingdom and Australia signed the AUKUS Agreement. As a result, Australia will be able to build a nuclear-powered submarine for the first time, much faster than conventional submarines, harder to identify, submerged for months, and capable of launching long-range missiles.

Earlier, the United States gave this technology only to the United Kingdom in 1958. Currently, only six countries have nuclear submarines. Namely: 70 from USA, 40 from Russia, 19 from China, 10 from UK, 9 from France and 3 from India. Australia is going to be associated with it. In addition, there are nuclear bombs in the United States, China, Russia, the United Kingdom, France, India, Pakistan and Israel.

However, many countries, including Russia and China, have strongly opposed AUKUS. Russia says AUKUS is basically a hostile move against China and Russia. The alliance’s infrastructure puts the whole of Asia at risk. China says the deal poses a serious risk of nuclear proliferation. It will also threaten regional peace and stability. This is contrary to the spirit of the Nuclear Non-Proliferation Treaty. Earlier, the two countries had strongly opposed the two QUAD’s. Malaysia has said it will cause tensions in the Indo-Pacific region.

Pakistan says the establishment of AUKUS reflects the mentality of the Cold War. This alliance could bring a cold war to Asia. However, Indonesia has backed AUKUS. Extreme tensions have arisen between China and Australia since the establishment of AUKUS. France is also extremely angry. That’s because France and Australia signed a 90 billion deal in 2016 to build 12 submarines, which Australia scrapped after the establishment of AUKUS. So France is extremely angry with Australia. In this regard, the Foreign Ministers of the European Union have expressed their support and solidarity with France. France is also furious with the United States.

French Foreign Minister says President Biden is pursuing former President Trump’s one-sided policy, short-sightedness, brutality and disrespect for partners. America is trying to resolve this anger of France. After the establishment of AUKUS, it seemed that the QUAD was over. But no it didn’t. The top leaders of the QUAD met at the White House on September 24. In addition to these two alliances, the United States is creating a military zone in the Middle East. The US Fifth Fleet in the Middle East announced on September 8 that the United States was forming a joint naval drone task force in the Persian Gulf with Israel and several Arab countries in the Persian Gulf. It will include airborne, naval ships and underwater drones. Apart from this, America has good relations with some other countries. Notable among them are South Korea and Taiwan.

European countries have been members of NATO since its inception. But due to the unilateral policy of the United States, the EU is now talking about leaving NATO and building its own security system. The president of France said on September 28 that the EU must build its own security system. In addition, the EU countries have good relations with China. Speaking at the 11th China-Europe Strategic Dialogue on September 28, Borel, the EU’s chief security officer, said developing relations with China was an important EU agenda. Maintaining close and smooth communication between Europe and China is very important. In this situation, the EU will not be easily involved in anti-China activities at the instigation of the US. So is Turkey, a NATO member and longtime ally of the United States. Relations between the two countries have recently deteriorated over Russia’s S-400 air defense system. Turkey is importing these weapons from Russia despite US objections.

According to the Turkish president, if the United States had sold the Patriot missile system to Ankara, Turkey would not have bought the S-400 from Russia. In this situation, the presidents of Russia and Turkey met in Russia on September 30. During the meeting, Putin said that Russia-Turkey cooperation is running smoothly. Pakistan has become closer to China by severing its long-standing friendship with the United States. The United States has withdrawn all troops from Afghanistan after losing the war to the Taliban.

In addition, it has decided to withdraw all troops from Iraq this month. The country’s foreign minister has called for the withdrawal of all foreign troops from Syria. There are many American troops there. Iran’s Supreme Leader Khamenei has called for an end to foreign military intervention in the region. On the other hand, the United States is talking about a return to Iran’s nuclear deal. Even so, Iran-US relations will not be good. Because America has done the most damage to Iran. Meanwhile, America’s relations with most countries in South America, North America and Africa are not good. Many countries, including many Muslim countries, are unhappy with the United States for its blind support for Israel’s aggression. Many countries have been hit hard by America’s war on terror since the infernal events of 9/11. Muslim countries have suffered the most.

These countries will not easily forget that. The United States has stockpiled the Coronavirus vaccine. As a result, poor countries have been deprived. So they are extremely angry with America. In terms of global relations, the opposition is heavier than the United States. Second, the war on terror has cost the United States nearly 9 trillion over the past 20 years, in addition to killing and injuring many soldiers. But the result of this war is zero. As a result, the Americans have become extremely angry. That’s why President Biden told the United Nations on September 21, “The US military should not be used as a solution to every problem in the world.” Above all, there is NATO. In fact, President Biden’s comments seem to be deceptive. In fact, America is still pursuing a belligerent policy.

Iran, Russia, China, Syria, Palestine, North Korea, Venezuela, Cuba, Algeria, Angola, Belarus, Bolivia, Cambodia, Eritrea, Laos, Nicaragua, Saint Vincent and the Grenadines Islands have formed an alliance with these 16 countries. The motto of this alliance is equality, peace and prosperity. This alliance is basically anti-US. On the other hand, after the defeat of America by the Taliban, an undeclared alliance has been formed between China, Russia, Pakistan, Iran, Uzbekistan, Turkmenistan and Tajikistan. Apart from China and Russia, other countries are also anti-US. These two anti-US alliances could become one in the future. Other anti-US countries may also be involved. It is pertinent to note that in recent times, China’s activities in the field of relations, investment and trade have increased tremendously in the world. According to a BBC report, China is paying twice as much as the United States and other major world powers for development assistance.

Extremely hostile two-polar military alliances have intensified lobbying to strengthen their sphere of influence. At the same time, the military power is increasing.  According to a report by the Stockholm International Pitch Research Institute, ‘global military spending increased by 2.6% to 1,981 billion in 2020, even in the wake of the Corona epidemic. Military spending continues to rise this year. Above all, the military powers are constantly testing new modern weapons. For example, last month the United States conducted a successful test of a hypersonic missile, which is five times faster than sound. That is 6,200 km per hour.

Earlier in July, Russia said it had successfully tested a Zircon hypersonic cruise missile, which has no rival in the world, the country’s president said. China last month unveiled its state-of-the-art air defense technology, the CH-6 drone, which is used in intelligence and military operations. In addition, WZ-7 drones and J-16D fighter jets used in border surveillance and sea patrol have been flown. The J-16 aircraft is capable of creating jams in enemy electronic equipment. China has already prepared its troops to lead the global cyber war. North Korea, Iran and Turkey have occasionally conducted successful tests of sophisticated missiles.

North Korea recently conducted four successful missile tests in a week, which is a hypersonic. Greece signed a 5.8 billion arms deal with France on October 2. Turkey says the deal will pose a threat to regional stability. The Iranian military conducted a military exercise in Sanandaj province on October 1. The lawmakers called it an “extreme warning” against the presence of Zionist Israel in neighboring Azerbaijan. Recently, China has been increasing the number of troops on the Line of Control (LoC) in Ladakh.  Indian Army Chief Naravane said the matter was a matter of concern.

So far, however, four US-led military alliances and one Sino-Russian-Iranian military alliance have emerged. In addition, an alliance initiated by the EU could be a peace alliance. Countries that are reluctant to join a military alliance can join it. After all, NAM is still there. The current trade and regional alliances may be broken by the push of these alliances. The current Cold War could turn into a world war in the future. It is difficult to say who will win then. However, Russian President Vladimir Putin has said that no one will survive to see the consequences of a future world war. That is why the UN Secretary-General has warned the United States and China about the “Cold War” and called on the two countries to rebuild their relations.

Whether it is the Cold War or the World War, it is necessary to abandon that path and focus on the solution of the current global crisis such as the rise of the atmosphere, the Corona epidemic, the global recession and the increase in poverty, and peace and prosperity. Last year, a global conference was held at the initiative of the United Nations, involving more than one million people from 193 countries. In it, 90 percent of the negotiators called for resolving the current common crises in the world through multilateralism. In the interest of world peace and security, world leaders need to pay attention to this.

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The U.S. Might Finally Be Ready to Back Down, to Avoid WW III

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Recently, tensions have been rising between, on the one hand, America, and on the other, both Russia and China. A nuclear war that includes the United States would destroy the entire world, because it would be not only nuclear, but major-power nuclear, which would entail so many nuclear explosions (perhaps all within less than an hour), so that nuclear winter would extend over not only all of the northern hemisphere, but probably also over all of the southern hemisphere (though more slowly there). Unfortunately, no scientific study has been published analyzing what the result would be of such a war, but studies have been published of likely outcomes from minor-power nuclear wars, and the results have indicated nearly as catastrophic outcomes as I’ve summarily indicated here for a major-power nuclear war.

The culminating public event displaying that a U.S. backdown has occurred would be Biden’s granting Putin’s bottom-line red line (which, if not granted but instead crossed, would precipitate a Russian attack against the U.S.), committing the U.S. to never crossing that line, and this back-down would consist of a mutually accepted and implemented agreement regarding Ukraine and its two break-away regions (the currently independent Donbas, and Russian Crimea). In the case of China, Biden would also need to grant Xi’s bottom-line red line, which would be for Biden publicly to accept the 28 February 1972 U.S.-China agreement called the “Shanghai Communique”, in which the U.S. Government agreed with China to the promise and commitment that “The United States acknowledges that all Chinese on either side of the Taiwan Strait maintain there is but one China and that Taiwan is a part of China. The United States Government does not challenge that position. It reaffirms its interest in a peaceful settlement of the Taiwan question by the Chinese themselves.” However, there would also need to be an addendum made to the Shanghai Communique, to the effect that if the Government of Taiwan refuses to publicly and officially acknowledge that it is part of China — no longer a colony of Japan, such as it had been during 1895-1945 (and it had been a province of China during 1683-1895), and also not a separate (i.e., independent) nation — then the United States will not oppose a militarily imposed restoration of Taiwan as being a Chinese province.

The Shanghai Communique goes considerably further than that, however, to commit the U.S. Government to never doing some other things that, during the past decade, the U.S. Government has increasingly blatantly violated (done); and, so, the three most crucial Shanghai Communique commitments regarding Taiwan will be specifically quoted here (and one of them has just been quoted but will be quoted again, in the context of the other two, so that readers may more clearly recognize the blatancy with which the U.S. Government has recently been violating the Shanghai Communique):

“the two sides agreed that countries, regardless of their social systems, should conduct their relations on the principles of respect for the sovereignty and territorial integrity of all states, nonaggression against other states, noninterference in the internal affairs of other states, equality and mutual benefit, and peaceful coexistence.”

“Both sides are of the view that it would be against the interests of the peoples of the world for any major country to collude with another against other countries, or for major countries to divide up the world into spheres of interest.”

“The U.S. side declared: The United States acknowledges that all Chinese on either side of the Taiwan Strait maintain there is but one China and that Taiwan is a part of China. The United States Government does not challenge that position. It reaffirms its interest in a peaceful settlement of the Taiwan question by the Chinese themselves. With this prospect in mind, it affirms the ultimate objective of the withdrawal of all U.S. forces and military installations from Taiwan.”

For the United States to accept either of those two red lines — Russia’s and/or China’s — (i.e., to agree that the U.S. accepts it, and will not oppose it), would be for the U.S. to back down in order to avoid a WW III. In other words: it would display the U.S. Government’s current decision that its #1 national-security goal isn’t to expand its current empire, but to avoid any WW III (avoid any U.S. war against either Russia or China).

This now seems likely to happen regarding Russia’s red line, as was indicated by Russia’s RT News on October 13th, under the headline “Kremlin says US & Russia agree Ukraine must give Donbass special autonomous status”. That would be Biden’s granting compliance with Putin’s bottom-line red line regarding Donbass. The next day, RT headlined “Strained relations between US & Russia could soon be on mend, Moscow says”. It stated that, after meeting with Kremlin officials in Moscow, “Victoria [Nuland] took with her to Washington a rather long list of those issues that were identified by the Russian side for the need to resolve them as soon as possible.” Nuland is the queen of the neoconservatives (or U.S. imperialists, or “super-hawks,” or “MIC darlings”), and had been sent to Moscow in order to push as hard as possible to get concessions from Russia. She was previously instrumental in the 2014 U.S. coup against Ukraine that captured Ukraine for military training and aid, and potential inclusion in the EU and in NATO — which coup (that she principally organized) actually sparked the current active restoration of the U.S.-Russia Cold War. This is probably why Biden chose her for that assignment. (It’s like sending a victim’s torturerer to find out what what the victim needs.) Whether Biden will decide in accord with her recommendations is unknown. If he does, then he will be continuing with President Obama’s plan (that she had designed) to ultimately place U.S. missiles on Ukraine’s border with Russia, so as to achieve “Nuclear Primacy”: the ability for the U.S. to destroy Moscow within less than ten minutes — too short a time for Russia to launch any retaliation. This would also indicate that China likewise is in severe jeopardy; it would warn China that it needs to presume the worst about the U.S. Government’s intentions.

If the United States will not comply, then one possible result would be that Russia and China will, then, jointly, and publicly, announce that any invasion against either, will be dealt with as constituting an invasion against both.

On the other hand, if Biden caves regarding Russia, then China, too, would likewise be much safer. For him to cave would be for him to accept not only that Ukraine must comply with the Minsk accords regarding Donbass, and that Crimea (which the Soviet Union’s dictator had arbitrarily transferred from Russia to Ukraine in 1954) is a province of Russia, but also that Taiwan is a province of China. (If Biden were to comply with Russia’s demand but not with China’s, then his subsequently invading China would almost certainly be met by Russian forces, and not only by Chinese ones, and thus America will likely experience yet another defeat — or else the entire world will, by means of a nuclear war between superpowers.) If he won’t agree with at least those three requirements (red lines), then avoiding WW III will be unlikely, if not impossible. That refusal would indicate the U.S. Government’s placing higher priority upon expanding yet further its empire, than upon avoiding a global nuclear war. 

Neither Russia nor China will accept being a part of the U.S. empire. The question now is whether or not the U.S. Government will finally accept that fact. For it to do so would violate all U.S. international policy since FDR died on 12 April 1945. This would be a turning-point in world history — the apogee of the American empire, which was first imposed by Truman and Eisenhower (mainly via coups). But, so, too, would Biden’s continuing forward with the Nuland-led Obama policy on Ukraine produce the apogee, which then would mean WW III (effectively, the end of human history). The American empire might end by the U.S. Government’s accepting that it’s downhill from here on, and the empire’s gradually fading away. Or else, it will end with WW III. This is the choice that now faces Biden. That decision will probably come under this President — and maybe very soon.

On October 15th, the highly informed and extraordinarily honest analyst of geostrategic diplomatic affairs, Alexander Mercouris, headlined “Nuland’s Moscow Trip Ends with Disagreement on All issues, Russia Considers Freezing Relations with US”, and he provided an extensive description of the results from Nuland’s negotiations this past week in Moscow with the Kremlin (and of the U.S. news-media’s virtual blacking-out of even the fact that she was there — and the little U.S. coverage that there was, was mocking Russia, and presented nothing of what the Russian negotiators had said, but only what Russia’s enemies were saying, such as “Apparently, Moscow’s misogynists would rather not deal with a woman at all”). Mercouris’s take on the matter was that Biden will likely continue doing what Nuland and other extreme neoconservatives against Russia want to be done. If Mercouris is correct, then we’re now at the brink of WW III. But whether that war would start against Russia, or against China, one can only guess.

If this sounds crazy, WW I also started as being crazy, and the publics in the respective combatting countries were kept in the dark about everything except the propaganda. The publics overwhelmingly believe the propaganda, no matter how consistently it has subsequently become documented to have been based on lies. For example: this news-report is being simultaneously submitted to virtually all news-media in the U.S. and allied countries. Let’s see how many of them publish it. After all: it’s definitely not propaganda. Everything in it is documented via the links, all of which are to extraordinarily relevant and reliable sources. Propaganda does not do that. But few people even notice this. That’s how imperialists routinely get away with mass-murders, such as in Iraq, Syria, and Ukraine.

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How The West Subdue Us: An Approach of Colonial and Development Discourse

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Talking about development and colonial discourse, I am reminded the story of John Perkins in his book “Confessions of an Economic Hit Man”. This book was written in 1982 when the tension between the west and east blocks is heating up. Two blocks are vigorously fighting to get influence over third world countries. The book contains a dramatic confession. He told how the financial donors institutions together with America conspired, regulated, and designed in order to control the resource in third world countries. John Perkins himself worked at one of these institutions. He was tasked with seducing leaders to accept debt loans through the World Bank, USAID, and other foreign aid organizations. This mission was carried out with a group called as the Economic Hit Man.

Further, the Economic Hit Man (EHM) have to ensure the targeted countries fall into the debt trap. After they owed were no longer able to pay the debts, it were obliged to surrender the concession of their natural resources. The trap which EHM uses to capture prey include: by making misleading financial reports through economic calculations and predictions, manipulating fraudulent elections by supporting candidates Pro-American interests, bribery, extortion, sex, and even murder. The last case happened to Jaime Roldos, the former President of Ecuador who was nicknamed “Castro” in his country. He was killed in a helicopter accident that he was riding. The helicopter crashed and caught fire on May 24, 1981. Many media at that time accused the CIA behind the murder.

Besides Ecuador, other countries that finally entered America’s debt trap were Indonesia. After the crisis hit Indonesia’s finances between 1997-1998, inevitably it signed a new IMF debt pact with various provisions and conditions were detrimental to the country. The pact which reflected on the Washington Consensus is an American strategy to subjugate troubled economic countries.

Ecuador and Indonesia case is only a small example of how the world condition after colonialism ended. It does not mean they reached independence as a whole since the occupation is no longer focused on exploitation and physical violence rather through structural hegemony and various infiltration. To understand how hegemony works comprehensively, there are two discourses framing the history of subjection namely colonial and development discourse.

Understanding Discourse

Discourse is a term created by Foucault. Foucault defines it as a way and means to uncover what is not visible with the naked eye. In the discourse, there are knowledge and strength which form a shared power. The hidden power in it was unconscious to hegemony the subject for how they act as expected. Discourse itself does not come from a vacuum, it exists and is produced, organized, deliberately controlled by the authorities and disseminated as an instrument of subjugation (Arturo Escobar, 1984). It was spread by the west to the third world countries through forced civilization. Western try to place the third world as a slave over their prevails values and knowledge imposed since the colonialism period. So that many countries in the third world fall into the western grip. Then its image becomes an elegant illustration in the mind people of the third world. From here, discourse appears as a tool for hegemony and it was intensively launched along with the colonial and post-colonial period.

How Do Colonial and Developmet Discourse Run

Gradually, discourse topic was inspired many scholars to examine and uncover the hidden interests of such submission processes. One of them is Edwar Said. Edwar Said wrote about what he called in the colonial discourse as Orientalism. For him, Orientalism is a study about eastern world carried out by western people (Europe) with a focus not only on their history and culture but also to a phenomenon political epistemology that contains broader historical consequences ( Eiman Osman, Postcoloniality and Development: Development as a Colonial Discourse). In short, colonial discourse is an extension of the narrow meaning of oppression. Colonial is not just physical exploitation rather attacks and deprivation of the cultural, political, economic and institutional values towards the colonized countries where local values are replaced by the new one brought and instilled by western. They lose their identity. Then they were born with a new “western” identity. It was considered as a strategy to perpetuate the power relations of western state over third world countries. This is clearly illustrated for example in the process of institutionalizing English language education in India and South Africa and it was a part of colonial government politics, as examined by Gauri Viswanathan (1990) and David Johnson (1996).

While colonial discourse emphasizes aspects of attack on culture, ideas, value systems in society – which go hand and become an inseparable part of physical violence, development discourse is a prolongation of new style of occupation beyond physical coercion. It was a new form of conquest. The expansion of this kind of discourse is rife after the cold war in which the West turned to focus on providing economic stimulus to third world countries, as well as a counter to communism.

Explicitly, development discourse is a western manipulation strategy that frames their good intentions by pretending to participate and help the third world in post-colonialism. The debt bondage which occurred in Ecuador and Indonesia that described above is a simple model of how development discourse works. It is a new imperialism under development guise.

Therefore, to understand a whole about development discourse is the best way to realize how western perceives the third world or vice versa. In fact, the perception as most civilized country had encouraged western to be a patron to control economic, political, social, and cultural systems within these countries. Its aim is not only to degrade the progress of development but also to shape the reality and self-image of the third world according to western will. Escobar neatly defines development discourse as follows: In this way, development will be seen, not as a matter of scientific knowledge, a body of theories and programs concerned with the achievement of true progress, but rather as a series of political technologies intended to manage and give shape to the reality of the Third World (Arturo Escobar, 1984).

Dismantling Development Discourse

According to Escobar, there are three important factors to analyze and dismantle development discourse in third world countries. First, through historical conditions, second, restructure of discourse, and third, the deployment of development.

Historical conditions lead us to the portrait of the world at the end of the cold war where capitalism holds control of the course of the global economy. The third countries which are now adopting the same political system (imposed by the west) were initially given the hope that they would be assisted by international institutions that would deal with development issues in their country. Economic studies in newly independent countries are actively carried out. This is the initial phase of transition control in a more subtle direction. In this stage, many of them volunteered to receive program and debt assistance offered by international financial institutions before finally entering the trap of their power.

While restructure of discourse is operated not only to change the old structure that applies in third world countries as well as to focus on the economic structure but to touch all aspects, including social and politics so that these aspects will become institutionalized which perpetuate and sustain western domination over the lives of third world. This happens at all levels, from rural to urban, local-regional, national-international.

In the deployment of development, there are several main strategies. First, through a variety of labeling. Initially by perceiving that the third world is backward, uneducated, abnormal, and embedding other negative terms. Second,  through the formation of professional fields. Here various types of specialization are formed which are directed at their respective fields. Specialization in the field of science, including economics, politics, is intended to make science look neutral so the course of development which is much assisted by elements of science is not deemed politically. The third is through the institutionalization of development. As Escobar calls it “This process took place at various levels, ranging from the international organizations and national planning bodies to local level development agencies. These institutions became the agents of the deployment of development, the network of new sites of power which, taken as a whole, constituted the apparatus of development “(Arturo Escobar, 1984).

In short, everything that we believe so far is the fruit of our past and the cultivation of western values. So do not be surprised if some of us still consider the west as the center of civilization orientation.

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