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 politicsis not acquisition of territory, wealth or “victory,” 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.
In such primal matters, history must be our starting point. 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;but acquiring such optimal power in world politics can also “demand” the killing of “others.”
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.
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.”
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.” 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. Left unmodified, the “all against all” Westphalian Process 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.”
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.
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.”
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.”
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.
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.”
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.
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. 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.
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?
Prima facie, what is required is not a replication of enemy leadership crimes, but policies that finally recognize death-avoidance as the essential starting point fornational security and national defense. With such recognition, visceral hostility and existential threatcould be rejected in toto, and an altogether new ethos – one based on a firm commitment to “remain standing” at all costs– could be implemented.
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 scientificsorts of understanding.
Always, our “just wars,” 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.”
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; 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.”
“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. 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) 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.
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. 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. 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). 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.
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.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” 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” as the intellectual basis for expanding empathy and its closely-corresponding pattern of worldwide integration.
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.
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, 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.”
“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.”
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.
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. 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. 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.” 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, 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. 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. What we need now most on this grievously imperiled planet is not a continuously mistaken focus on simplistic reflections of reality or epiphenomena (think here of America’s obsessive daily focus on transient political personalities and superficial news makers), but authentically durable archetypes of global restructuring. 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.”
 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.
See, by this author: Louis René Bereshttps://smallwarsjournal.com/jrnl/art/reimagining-world-politics-longer-view-american-victory
 “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.”
 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.”
In world politics, says philosopher Alfred North Whitehead, any deeply-felt promise of immortality is of “transcendent importance.” Seehis Religion in the Making, 1927.
 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
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).
 Still the best scholarly clarification of these connections are René Girard, Violence and the Sacred (1977) and René Girard, The Scapegoat (1986).
See, by this author, Louis René Beres: https://www.usnews.com/opinion/articles/2013/03/08/iraq-afghanistan-and-the-end-of-winning-wars
 On the various meanings of Realpolitik, see, by this author, Louis René Beres, Reason and Realpolitik: US Foreign Policy and World Order (1984).
 See # 1, supra. This references a continuing process of threat, counter-threat and war.
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”?
 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.
 See Epicurus, The Stoic and Epicurean Philosophers (Whitney H. Oates et al., 1940), p. 282.
 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.”
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.
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).
See Karl Jaspers, Reason and Anti-Reason in Our Time (1952).
 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).
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).
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.
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.”
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.'”).
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).
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.”
 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.
 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.
 See by this author, at Oxford University Press, Louis RenéBeres: https://blog.oup.com/2011/08/philosopher-king/
 See Karl Jaspers, Reason and Anti-Reason in Our Time (1952).
 See observation by philosopher Emmanuel Levinas, God, Death and Time (1993): “An immortal person is a contradiction in terms.” (p. 45).
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).
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.”
 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.”
 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.
 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).
 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….”
 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.
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.
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.
 See, by this author, at Oxford University Press: Louis René Beres, https://blog.oup.com/2011/08/philosopher-king/
 “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.
 See George Santayana, The Life of Reason or the Phases of Human Progress: Reason in Religion 260 (1905).
 “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.”
 This “truth” is perhaps best explained by the philosopher George Santayana in his Reason in Religion (1905).
 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).
 See Norbert Elias, The Loneliness of the Dying 44 (1985).
Fear of death, we have already seen in world politics, not only degrades normal life, it creates vast fieldsof premature corpses.
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.”
 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.
 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.
 On the meaning of such useful frames of reference, see: Elemire Zolla, Archetypes: The Persistence of Unifying Patterns (1981).
Putin, Xi, the ICC, and the Demise of Global Judiciary
Authors: Roman Kusaiko and Alexey Ilin*
On March 17, 2023, the International Criminal Court (ICC) issued an arrest warrant against Russian president Vladimir Putin. The press release stated that Prosecution’s application was filed on the February 22, 2023, while the existence of the warrants was disclosed on March 17, 2023. This is the first time the ICC releases a warrant against a sitting president. Moreover, it immediately preceded the visit to Moscow by Chinese President Xi Jinping, which took place on March 20-22, 2023. While the warrant is expected to force Russia and its leader into submission, the end result may be the erosion and eventual demise of the universal criminal justice.
The International Criminal Court was established by the Rome Statute (done July 17, 1998, in force July 1, 2002) to prosecute the most serious crimes of international concern, such as genocide, crimes against humanity, war crimes, and the crime of aggression (Rome Statute art. 5). The ICC has three main advantages against its predecessors – the ad hoc tribunals such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). First, it is a permanent court. Second, it is based on an international treaty and not the United Nations Security Council resolution, which gives it more legitimacy. Third, the ICC jurisdiction is not limited to a particular country or case – the Court can prosecute a crime if it was committed either by a national of a State Party, or on a State Party’s territory. Generally, officials of the non-party states cannot be prosecuted, but even this barrier can be overcome if the situation is referred to the Prosecutor by the UN Security Council (Rome Statute art. 13(b)).
France and the UK are the only State Parties to the ICC among those countries that legally possess nuclear weapons (under the 1968 Non-Proliferation Treaty). China, India, Pakistan and North Korea neither signed nor acceded to the Rome Statute while the U.S., Russia, and Israel officially refused to ratify the treaty. The attitude towards the Court reveals a divide in states’ perception of international criminal justice. Countries with extensive military capabilities decided not to delegate any of their judicial power to an external international institution. The rest of the countries delegated their authority to an international judiciary seeking justice in case any major crimes are committed against them.
Since its inception, the Court’s authority has been facing challenges, especially from the U.S. The latter has a long history of complicated relations with the ICC, from open hostility to the recent bipartisan support. Most prominently, the “Hague Invasion Act” grants the U.S. the right to use military force to liberate any U.S. or allied country’s citizen being held by the ICC. The existence of such methods undermines the authority of the Court and also manifests that the U.S. and its allies are “out of judicial range” and thus not accountable before the international community.
The ICC has been repeatedly stumbling in its attempts to investigate the most serious crimes in the areas where the U.S. and their allies conducted their military operations. Between 2014 and 2020, the ICC investigated the war crimes in Iraq (willful killing, torture, and rape) committed by the armed forces of America’s closest ally – the UK. Nevertheless, the investigation was closed in 2020 raising criticism from European institutions, non-government organizations and multiple media sources. Some critics claimed the ICC’s refusal to hold the UK accountable discredited the Court’s authority. Afghanistan has been a State Party to the ICC since 2003, but the Court has not taken any decisive actions in this country until October 2022, when its Pre-Trial Chamber authorized the Prosecution to resume its investigation of war crimes. This move has been first rejected in 2019, and then deferred in 2020. Likewise, the ICC Preliminary Investigation team has been halting the prosecution of war crimes committed in Syria for more than three years despite the ample evidence.
At the same time, reasonable grounds against Vladimir Putin for organizing an unlawful deportation of children were found in less than a month – an unprecedented speed. The disclosure of the ICC warrant on March 17, 2023 suspiciously coincided with the announcement of Xi Jinping’s official visit to Moscow. The announcement was made only on the 17th of March, 2023, with the agenda reported by both Chinese and Russian sources. It is hard to believe in such a coincidence, especially after subsequent remarks by the U.S. Secretary of State Anthony Blinken confirmed that the warrant targeted Chinese leader’s visit. While some media claimed Putin’s days are now numbered, the others were more skeptical referring to the West’s “deafness” for their own atrocities in Iraq and Afghanistan.
The ICC warrant sends several signals to the Russian state, society, and beyond. The first one is to oust Vladimir Putin from the office to improve relations with the West. The second one is for the Russian elites: as long as Putin is in power, their assets will be always under threat of sanctions and even confiscation. The third one is for the other world leaders: leaving Putin alone at the table will not be enough – legal actions should be taken against him. The Russian leader should become a pariah. One may argue, that such a strategy could be partially successful in 2014, but an open Chinese criticism of the warrant demonstrates that it will have serious limitations in 2023.
Vladimir Putin will not willingly step down, but the warrant will push his government to build parallel institutions with friendly or non-aligned countries. Russian State Duma Speaker Vyacheslav Volodin proposed to pass an act similar to the “Hague Invasion Act.” In addition, he prompted the Russian government to sign bilateral agreements which will guarantee the denial of the ICC authority. Moreover, the depth of the issues discussed between Putin and Xi suggest that Shanghai Cooperation Organization (SCO) could become an “umbrella” for alternative global institutions, including the judiciary branch. The SCO already hosts regular meetings between the chairs of the Supreme Courts. As more countries are willing to join in, it may become a respected institution of transnational justice. This development, amplified by U.S. unaccountable posture, will bury the once noble idea of global judiciary in The Hague. The ICC will remain what Rwandan President Paul Kagame called it, “the court for Africans and poor countries.”
*Alexey Ilin, Ph.D. candidate at Shanghai Jiaotong University.
Should We Claim We Truly Understand International Politics?
When the guns roar, the muses are silent, an ancient Latin proverb tells us. This aptly describes how convincing our attempts to explain what is happening in international politics are, from the point of view of the existing apparatus of its rational understanding. For those who try to pretend to understand how international relations evolve, the saddest casualty of current events is the practice of interaction between states, which jettisons all the pre-existing notions at our disposal.
This applies to both academic scholars and those who approach the assessment of political reality from a purely intuitive point of view. Any intuition inevitably fits into the framework of our own worldview, which, in turn, has long been systematised in one way or another within the framework of the science of international relations. Namely, it suffers the greatest defeat of all social disciplines at moments when states and leaders base their actions in feelings, purely individual ideas and moral character. Individuals enter the historical arena, making decisions within the framework of a subjective understanding of the world around them, intellectual abilities or corporate interests.
Conceptualisation, at least on an analytical or on an intuitive level, will be possible later – when the dust of battles has somewhat settled, and the theorists will have firm support in the person of the winners, whose interests will become the basis of a new international order. It has always been like this – the science of international relations has consistently followed practice, guided by only one goal – to understand why this or that power, in the end, benefitted the most from the consequences of a general tragedy. In our case, however, this won’t happen, or at least not soon. Until then, any aspirations to understand what is really happening in international politics will end up with rather monotonous judgments, the only difference between which is how open is the attempt to interpret reality in favour of the interests of one of the fighting parties.
Each political scientist becomes a soldier of his country, and the space for relatively impartial analysis disappears – even those who claim to be impartial inevitably finds themselves within the framework of an interpretation that serves the interests of one of the warring parties. The chroniclers would be relatively independent amid modern conditions, however, the facts now are a very relative thing, easily amenable to extremely convincing falsification. Even playing the role of a holy fool is impossible – in conditions where shells whistle overhead, his innocent bleating always turns out to promote the advantages of one of the opponents. Like the light of the sun or the direction of the wind.
In fact, any of our reasoning that purports to reflect an abstract “understanding of reality” becomes like this. The fact is that we still find examples for comparison in the historical experience which are also the most comfortable for one of the parties participating in the current conflict. Regrets about the collapsed world order or globalization are, of course, humanly understandable. However, they first inevitably send us in the direction of searching for ways to restore something like the lost era, and its illusion of relatively evenly distributed prosperity. This, we agree, fully reflects the interests of the Western countries and is somewhat inconsistent with the way Russia, China and most developing countries would like to see the world. Second, even our conceptual apparatus and categories, which technically have the possibility to construct so-called ideal schemes of the future, were formed within the framework of the international order, where for 500 years a rather narrow group of powers occupied the leading positions. Therefore, when speaking of the need to restore order, we are already at risk of becoming defenders of the interests of status quo powers – our categorical apparatus is still practically undeveloped in terms of a different, more just, from our point of view, international order.
It is not surprising that in a situation where thinking about foreign policy and international relations is a more common and ancient profession, fellow intellectuals have overnight turned into mouthpieces of information warfare. It is sad to read the comments of colleagues representing the realist direction of the science of international politics in the United States: the overwhelming majority of their opponents have completely lost the ability to take any critical view of the behaviour of their homeland and its closest allies. In other words, American, and Western in general, political science has clearly defined which side of the front it is fighting on and will be able to return to a more balanced discussion only after the active phase of the confrontation between the powers is over.
The use of the existing theoretical apparatus for assessing the international reality resembles a funny anachronism, no matter which of the theories we turn to. The reason is that they are also the product, first and foremost, of a specific and geographically localised historical experience, and only secondly of attempts to subordinate social activity to some ideal schemes based on our ideas about universal morality. Powers representing such a variety of political civilizations have now entered a world arena that one cannot rely on, including a systematic understanding of the nature of relations between them. All existing theories were created in a very simple world, where it was always easy to understand the basis of the position of a state within the framework of social relations of its kind.
Each of the nation-specific ways of interpretation cannot claim to be more than a systematisation of worldviews inherent in an individual, rather unique, culture. It is, of course, useful to create, for example, a Russian theory of international relations amid such conditions. First, it will somewhat reduce our dependence on Western concepts, which is extremely good in itself. Second, moving along this path will allow one to understand yourself a little more. This is especially important for Russia, since awareness of self-worth for our political culture is much more important than external recognition. However, in terms of being able to understand international politics in general, we still will not get very far – we will just become the authors of another original view.
Finally, practically all powers whose capabilities are sufficient to pose a potential threat to life on the planet, do not now even have a relatively formed idea of their own ideal future. The Americans are trying to pretend that the return of hegemony over the world will solve their internal development problems. However, this approach causes concern in principle, since moving forward while looking behind you is liable to lead to a fall. Russia is also in search of a state where it can feel self-worth, and the conflict with the West is, in addition to eliminating military-political imbalances, the basis for a better understanding of itself, outlining the image of the future in conditions where it is no longer possible to continue life in the old way. Of all the great powers, only China confidently says that it knows what future it is aiming for. But here, too, we have reason to think that the Celestial Empire is only approaching the need to provide answers to questions about a suitable position for it in world politics and economics.
The position of Europe is dramatic. It is aware of its rapidly declining strength and is increasingly choosing the lesser of two geostrategic evils, from the point of view of the modern European elite. Such behaviour poses a challenge to diplomats, since the choice of the European elite consists of a conscious rejection of international agency of their countries. Under such conditions, not only our ability to discuss international politics seriously in an academic audience freezes, this politics is itself entering a peculiar and very static mode of operation. In fact, it only seems to us that now history is developing rapidly – in fact, it has stopped, and its millstones continue to idle, grinding tens of thousands of human lives.
From our partner RIAC
The New High Seas Treaty: Takeaways and answering the hard questions
On 04 March, Rena Lee, President of the UN Intergovernmental Conference on Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), announced that “the ship has reached the shore,” referring to the last compromise and successfully negotiated to stumble block of this historic treaty, which marked the apogee of over two decades of negotiations to protect the ample internationally ungoverned space of the ocean. The last time the countries came together to gather political will during geopolitical tensions to protect biodiversity was on 01 December 1959 during the cold war to declare Antarctica a place for peace and science.
The draft agreement of the ‘The New High Seas Treaty’ emphasises the need to address the planet’s largest unregulated biosphere for the sustainable use of resources and biodiversity protection. It covers the expansive portion of the ocean beyond national boundaries and will provide a legal framework for designating vast marine protected areas (MPAs) to protect against marine life degradation and sharing of resources. It is necessary to identify, monitor and regulate vulnerable areas to address the commitment of protecting 30 Percent by 2030 endorsed by COP 15 in the Kunming-Montreal Global Biodiversity Framework in December 2022. Exit options and other unique provisions for the Arctic or China Sea and other geopolitically tense areas are also mentioned to avoid disagreements and conflicts within the agreement.
The stumbling block of this treaty was how to appropriately share marine genetic resources (MGR) and wealth, which separated the Global South and North. Due to their potential for application in pharmaceuticals and cosmetics, MGR, which are made up of the genetic material of bacteria, corals, krill, seaweed, and deep-sea marine sponges, are gaining more scientific and commercial interest.
The agreement is legally binding and establishes a new global authority for the high seas, complete with an executive body called “COP,” a secretariat, and a scientific council. It is based on certain principles and approaches like the polluter-pays principle, the principle of the common heritage of humankind, the freedom of marine scientific research, and other freedoms of the high seas.
In addition, an approach for maintaining and restoring ecosystem integrity, including the carbon cycling functions that support the ocean’s role in climate while also increasing ecosystems’ resilience, is practiced. Signatories are also tasked with conducting environmental impact assessments before exploitation, exchanging marine technology with other littoral states, and monitoring the space for other threats.
What are the High Seas and the threats present on them?
States currently govern up to only 200 nautical miles of seas from their coasts, delineated by the UN Convention on the Law of the Sea (UNCLOS). But beyond the nautical boundaries are the high seas, which only one percent are protected. States have access to freedoms, including the right to overfly, navigate, and install underwater cables. The high seas cannot be the subject of any claims to sovereignty. Once expressed as desolate, it is now considered a treasury of rich biodiversity and marine resources. However, they are being exploited by technological advances enabling them to deplete fisheries and seabed minerals. Deep-sea ecosystems may change or be destroyed by machine-aided excavation and gauging of the ocean bottom. As a result, there will be a loss of species in addition to fragmentation or loss of the structure and functionality of the ecosystem.
Increasing cargo ship transportation and their Bilge Dumping practices also threaten the open ocean. Bilgewater, which gathers in the bottom of a ship, is a mixture of fluids from the engine room and other potentially harmful materials like lubricants, cleaning agents, and metals like lead and arsenic. It is expensive to process this oily effluent, whether by treating it to eliminate contaminants or by discharging it at the port. Some ships simply dump it into the ocean with portable pumps, which can be a significant hazard to marine life, to save operational expenses.
Another threat in the high seas is the Great garbage patch, which carries and culminates tonnes of plastic debris released through river exits. They are carried and formed by ocean currents and “gyres.” There are five gyres in the ocean. One in the Indian Ocean, two in the Atlantic Ocean, and two in the Pacific Ocean. Garbage patches of differing sizes are located in each gyre. Cleaning up these garbage heaps and systematically disposing of them is a heinous task.
In addition, Climate change is heating the oceans, which may result in a mass extinction of marine life like the Permian Extinction experienced 250 million years ago, which extinguished 90 percent of marine species. The oceans have mitigated the worst of climate change by absorbing 90 percent of the heat caused by global warming and providing us with 50 percent of the oxygen.
What are the existing treaties on High Seas, and what are their issues?
About 20 international organisations oversee human activity in the high seas in accordance with UNCLOS, although their authority is constrained. In the shipping industry, for instance, the International Maritime Organization is in charge of safety and pollution control, whereas regional fisheries management organisations are in charge of particular fish populations. Yet, a lot of marine species migrate and regularly switch between various environments into the wild ocean which are unprotected from human activities.
The International Seabed Treaty is less concerned with conserving the environment and more interested in advancing the ultimate extraction of valuable mineral accretions from the seabed. Exploratory mining licences have never been denied. The contracting entity does environmental impact assessments; they are not independently verified and investigated. The ISA dismisses the worries of environmental groups like Greenpeace about defending the seabed from similar mining in the future or from the several very detrimental environmental side effects that would be involved.
What does the treaty pose to International Security?
First, an increased presence of private players. The implementation process of the treaty will see an increased presence of private maritime players as the agreement does not apply to the Navy warships. However, they are expected to behave reasonably with the agreement. Ocean conservation is currently led by non-governmental organisations funded by philanthropists, bureaucrats, and governments.
Second, increased monitoring and surveillance. To assess environmental impacts, monitor and traffic control ships, and provide constant surveillance over an expansive area will require advanced remote sensing and imaging technologies. There will be a need for marine spatial analysis and planning to track human activities and the ecosystem. New marine technologies must be exchanged between the developing and developed states to explore the deep ocean and seabed’s for research and exploitation. Increased monitoring will be a critical challenge for the littoral states to move their submarines in stealth and secrecy.
Third, potential for new marine resource-induced conflict. Though the agreement states that the marine samples and genetic coding will be shared, it does not mention who can further exploit the resources and with whom it shares. Does it share with the states involved in the exploration or those proximate to the resource.? Here, Global North faces the question of the free-riding problem and whom to free-ride its services.
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