Westphalian Logic and Geopolitical Prudence in the Nuclear Age
TRANSCEND MEMBERS, 30 May 2022
Richard Falk | Global Justice in the 21st Century – TRANSCEND Media Service
24 May 2022 – The following post was published in a somewhat modified form in CounterPunch, May 20, 2022. Its main theme is the contrasting normative logics derived from law (Westphalian logic) on one side, and power politics (geopolitical logic) on the other side. The regulatory guidance of law derives from agreement and interpretation, and that of power politics, from what the Quincy Institute calls ‘responsible statecraft’ and I refer to as ‘responsible statecraft’ that under contemporary circumstances should involve voluntary compliance with international law, that is, in the nuclear age law and geopolitics often converge in their commitments to regulatory rationality.
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The Ukraine War, its complexities and global spillover effects, have not been adequately depicted by either political leaders or the more influential media. Most commonly, the Ukraine War has been narrowly and reductively depicted as a simple matter of defending Ukraine against Russian aggression. Sometimes this standard portrayal is somewhat enlarged by demonizing Putin as criminally committed to the grandiose project of restoring the full spectrum of Soviet boundaries of post-1994 Russia by force as necessary. What tends to be excluded from almost all presentations of the Ukrainian struggle is the rather distinct U.S. Government policy agenda of inflicting a humiliating defeat on Russia which purports to be related to the defense and in the interests of Ukraine yet is unfolding in a quite separate manner that seems to depart from the best interest of Ukraine and the wellbeing of its people.
This geopolitical agenda replicates Cold War confrontations, and in the global setting, seeks to remind China as well as Russia, that only the United States possesses the will, authority, and capabilities to act as the guardian of global security with respect to the maintenance or modification of international boundaries of sovereign states anywhere on the planet. Illustratively, Israel has been given a tacit green light by Washington to annex the Golan Heights, an integral part of Syria until the 1967 War, while Russia remains sanctioned for its annexation of Crimea and its current claims to incorporate parts of the Dombas region of Ukraine have been met with harsh punitive sanctions and allegations of war crimes by the U.S. president, Joe Biden. Additionally, Biden has officially and publicly committed the United States to the military defense of Taiwan in the event of an attack by China.
The most influential Western media platforms, including CNN, BBC, NY Times, The Economist, with few exceptions, have largely supported one-dimensional governmental narrative accounts of the Ukraine War, which leaves the misleading impression that U.S./NATO involvement is strictly responsive to the Russian attack on Ukraine with no broader policy objective in play. The views of progressive and anti-war critics of the manner that American foreign policy has handled the Ukraine crisis are almost totally unrepresented. At the same time, some elements of the extremist right is castigated for daring to oppose the national consensus as if only the only dissenters are conspiracy inclined fascists or those motivated by treasonous sentiments. Almost no attention given by these powerful media outlets to understanding either the buildup of tensions relating to Ukraine in the years preceding the Russian attack or the wider security rationale that could partially explain (although not justify) Putin’s resolve to reassert its former authority in the Ukraine. Similarly, there was virtually no mainstream discussion of or support for ceasefire/diplomatic options, favored by many peace and religious groups, that sought to give priority to ending the killing, coupled with a search for possible reconciling formulas that combined Ukrainian sovereign entitlements with some adjustments taking account of Russian security concerns.
The most trusted and influential media in the West functioned largely as a war-mongering propaganda machine that was only slightly more nuanced in its support for the official line of the government than what one would expect from unambiguously autocratic regimes. Coverage highlighted visual portrayals of the daily brutalities of the war coupled with a steady stream of condemnations of Russian behavior, detailed reportage on the devastation and civilian suffering endured by Ukrainians in the combat zone, and a tactical overview of how the fighting was proceeding in various parts of the country. These bellicose narratives were repeatedly reinforced by expert commentary from retired generals and intelligence officials, and never subjected to challenge from peace advocates, much less political dissenters and critics. I have yet to hear the voice or read texts on these mainstream media platforms from the most celebrated public intellectuals, Noam Chomsky or Daniel Ellsberg, or even from independent minded high-level former diplomats like Chas Freeman. Of course, these individuals are talking and writing but to learn their views you generally have to navigate the internet in search of such online websites as CounterPunch and Common Dreams.
The fog of war has been replaced by a war fever while making the transition from helping Ukraine defend itself against aggression to pursuing a victory over Russia increasingly heedless of nuclear dangers and worldwide economic dislocations that threatened many millions with famine, acute insecurity, and destitution. The shrill assured voices of generals and think tank security gurus dominated commentary, while pleas for peace from the UN Secretary General, the Dalai Lama, and Pope Francis, if reported ed at all, were confined to the outer margins of public awareness.
This unfortunate absence of reasoned and responsible debate was further distorted by dangerously misleading statements made by the highest public official responsible for the formation and explanation of American foreign policy, the Secretary of State, Antony Blinken. Whether out of ignorance or the convenience of the moment, Secretary Blinken has been widely quoted as explaining to the public here and abroad in prime time that the U.S. does not recognize ‘spheres of influence,’ an idea “that should have been retired after World War II.” Really! Without mutual respect for spheres of influence throughout the Cold War it is probable that World War III would have been ignited by Soviet interventions in East Europe, most notoriously in Hungary (1956) and Czechoslovakia (1968). Similar deference was exhibited by Moscow. U.S. interferences in Western Europe as well as the Soviet Bloc defection of Yugoslavia were tolerated by the Kremlin. Some of the most dangerous armed confrontations occurred during the Cold War Era were revealingly located in the three divided country of Germany, Korea, and Vietnam where norms of self-determination exerted continuous pressures on boundaries artificially imposed on these countries for reasons of geopolitical convenience.
Since the end of the Cold War, Blinken should be embarrassed about telling the peoples of Cuba, Nicaragua, and Venezuela that the idea of spheres of influence is no longer descriptive of how the U.S. shapes its policy in the Western Hemisphere. Decades age Octavio Paz, the Mexican author found vivid words to express the reality of such spheres: “The tragedy of Mexico is to be so far from God and so near to the United States.” As has been observed, the Russian assertion of a traditional spheres of influence has more continuity with the past than does respect for territorial sovereignty of the countries that have regained statehood within such spheres after the Soviet collapse. This recognition is not meant to express approval of such spheres, serving only as a realization of geopolitical practice that has persisted through the whole of modernity and a further sense that mounting a challenge in light of this practice is almost certain to produce friction and heighten risks of major warfare., which in relations among states armed with nuclear weapons should induce extreme caution on the part of prudent actors. To pretend that spheres of influence are a thing of the past, as Blinken seems to be doing in relation to Ukraine, is doubly unfortunate—it is mindless about the relevance of geopolitical prudence in the nuclear age and it either ignorantly or maliciously condemns behavior of others while overlooking the analogous behavior of his own country, thereby adopting a U.S. posture of geopolitical hubris ill-suited to human survival in the nuclear age.
In the months before it became politically convenient to throw spheres of influence into the dustbin of history, Blinken was lecturing the Chinese about adhering to a ‘rule-governed’ international order that he contended was descriptive of U.S. behavior. Such an invidious comparison was a cover for confronting the quite different Chinese challenge to unipolarity being mounted as a result of China’s growing competitive edge in economic and diplomatic influence and technological breakthroughs. A puzzle for Washington arose because it could not complain that the Chinese ascent was due to posing a security threat due to its military capabilities and its aggressive uses of force (except, interestingly, within its traditional coastal and territorial spheres of influence). And so, the claim centered on the rather original allegation that China was not playing the game of power with respect to intellectual property rights by the ‘rules,’ but what are these rules and where does their authority derive from? Blinken was careful in his complaints about Chinese violations not to identify the rules with international law or decisions of the United Nations. Wherefrom then? Most probably Blinken has in mind a self-serving interpretation of the Breton Woods neoliberal framework associated with the operations of the World Bank and IMF, but refrained from saying so.
There is, to be sure, a subtle complexity about rules of order in international relations, especially on matters bearing on the use of force in international relations. A normative dividing line can be identified as 1928 when many leading governments, including the U.S., signed on to the Pact of Paris outlawing war as an instrument of national policy, [see Oona A. Hathaway & Scott Shapiro, The Internationalists: How a Radical Plan to Outlaw War Remade the World (2017)]. This ambitious norm, was then turned into the formulation of a Crime Against Peace in the London Agreement of 1945 by the victorious powers in World War II that set forth the War Crimes Charter that provided the jurisprudential foundation for the Nuremberg and Tokyo criminal prosecutions of surviving German and Japanese political leaders and military commanders. These legal innovations, although treated as major milestones in the development of international law, were never meant to constitute new rules of order and accountability that would bind sovereign states enjoying geopolitical stature as made plain in the UN Charter. Probably that should have been evident given the supreme irony of the London Agreement being formally signed by these governments on August 8, 1945, two days after the first atomic bomb was dropped on the city of Hiroshima and one day prior to the second atomic bomb was dropped on Nagasaki.
Otherwise, how could one explain the conferral of a right of veto on the five permanent members of the UN Security Council, which can only be viewed as a geopolitical right of exception, at the very least within the UN context. Apologists for this seeming repudiation of a law-oriented approach when it came to the most dangerous states at the time point to the need to give the Soviet Union assurances that it would not be outvoted by the West, or otherwise it would be unwilling to participate in the UN, and the Organization would wither on the vine in the manner of the League of Nations. But if this was truly the dominant reason for the veto, a less obtrusive could have been chosen as the way of providing reassurance, such as requiring decisions of the Security Council opposed by the Soviet Union to be supported by all non-permanent members. There would be no comparable need to give the four other states the veto unless there was an overriding motive to entrench in the UN Charter the prerogatives of geopolitical leverage as measured by being on the winning side in World War II.
Such an observation makes us aware that there exists more than one source of normative authority in the sphere of international relations. and at least two. There is the fundamental idea deriving from the origins of the modern states system identified with the Peace of Westphalia in 1648, which accorded equality to sovereign states. And then there is a second source of largely unwritten and rarely spoken about normative authority that regulates those few states that are freed from the constraints of international law and enjoy impunity for their actions. These are the states given the veto power, and among these states are those that seek the added discretion of being non-accountable for their acts. This deference to power and national supremacy, undermines fidelity to law where it seems most needed, and has long been a fundamental deficiency of sustaining peace in a nuclear-armed world. Yet geopolitics, like international law itself, possesses a normative order that is designed to impose certain limits on these geopolitical actors that if responsibly applied serves the public good. The Quincy Institute recognizes this vital feature of international relations by its positive emphasis on ‘responsible statecraft,’ which is roughly equivalent to my call for ‘geopolitical prudence.’
A crucial geopolitical prescription along these lines was the appreciation of spheres of influence as delimiting extraterritorial zones of exclusive influence, which might include ‘unlawful’ interventions and exploitations of weaker states (e.g. ‘banana republics’). As abusive as the diplomacy of spheres has been for targeted societies it has also been a way of discouraging competitive interventions that might otherwise lead to intensive wars between the Great Powers, and as mentioned, plays an indispensable role in reducing the prospect of dangerous escalations in the nuclear age. How Blinken can be so myopic in addressing this essential feature of world order is stunning, and is paralleled by the failure of the media to expose such dangerous and self-serving nonsense.
To be sure international law is itself subject to geopolitical influence in the formation and interpretation of its rules and their unequal implementation, and is far from serving justice or even public order in many critical circumstances, including its validation of settler colonialism. [See Noura Erakat, Justice for Some: Law and the Question of Palestine(2019)] Yet when it comes to upholding the prohibition on non-defensive uses of force and accountability for war crimes, it has sought to uphold the norms unless violated by major geopolitical actors and their special friends. The ad hoc International Criminal Tribunal for Former Yugoslavia, established by the UN, did not distinguish between winners and losers in the manner of the Nuremberg and Tokyo Tribunals or for that matter the Supreme Iraqi Criminal Tribunal (2005-06), which imposed a death sentence on Saddam Hussein while ignoring the U.S./UK crimes of aggression in the Iraq War of 2003.
In conclusion, it is important to recognize the interplay of international law and the geopolitical normative order. The former rests on agreement of juridically equal states as to norms and customary practice. International law also increasingly rests on voluntary compliance as illustrated by the World Court being confined in its law-declaring role to issuing ‘Advisory Opinion’ that states and international institution are permitted to disregard. Or more substantively, in relation to compliance with carbon emission pledges of parties to the Paris Climate Change Agreement of 2015.
The geopolitical normative order depends on prudence along the lines of the precautionary principle, its norms being self-interpreted, best guided by past experience, tradition, mutuality, and common sense. It should be understood that geopolitical status of the Permanent Members of the Security Council is not reflective of their de facto role in international relations. At present, only the United States, China, and Russia enjoy an existential geopolitical status; France and the UK do not, and perhaps, India, Nigeria/South Africa, Brazil possess some de facto geopolitical attributes, but lack a corresponding de jure recognition.
In the context of the Ukraine War Russia is to be faulted for its flagrant violation of the prohibition of aggressive war and its war crimes in Ukrainian combat zones, and for intimating a willingness to have recourse to nuclear weapons if its vital interests are threatened. The United States is to be faulted for irresponsible statecraft or imprudent geopolitics by its replacement of a defensive role of support for Ukrainian resistance by more recently pushing for the defeat of Russia through the massive increases of aid, encouragement of enlarged Ukrainian goals, supplying offensive weaponry, continuation of demonizing Putin, absence of advocacy of ceasefire and peace diplomacy, inattentiveness to escalation risks especially in relation to nuclear dangers, and overall manipulation of Ukraine Crisis as part of its strategic commitment to the sort of unipolar geopolitics that has emerged during the aftermath of the Cold War. Unipolarity entails a repudiation of Chinese and Russian efforts to achieve a multipolar management of global governance. It is this latter tension that if not addressed points to a second Cold War more dangerous than its predecessor, feverish arms races, periodic crises, and the diversion of resources and energies from such urgent global challenges as climate change, food security, and humane migration policies.
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Richard Falk is a member of the TRANSCEND Network, Albert G. Milbank Professor Emeritus of International Law at Princeton University, Chair of Global Law, Faculty of Law, at Queen Mary University London, Research Associate the Orfalea Center of Global Studies at the University of California, Santa Barbara, and Fellow of the Tellus Institute. He directed the project on Global Climate Change, Human Security, and Democracy at UCSB and formerly served as director the North American group in the World Order Models Project. Between 2008 and 2014, Falk served as UN Special Rapporteur on Human Rights in Occupied Palestine. His book, (Re)Imagining Humane Global Governance (2014), proposes a value-oriented assessment of world order and future trends. His most recent books are Power Shift (2016); Revisiting the Vietnam War (2017); On Nuclear Weapons: Denuclearization, Demilitarization and Disarmament (2019); and On Public Imagination: A Political & Ethical Imperative, ed. with Victor Faessel & Michael Curtin (2019). He is the author or coauthor of other books, including Religion and Humane Global Governance (2001), Explorations at the Edge of Time (1993), Revolutionaries and Functionaries (1988), The Promise of World Order (1988), Indefensible Weapons (with Robert Jay Lifton, 1983), A Study of Future Worlds (1975), and This Endangered Planet (1972). His memoir, Public Intellectual: The Life of a Citizen Pilgrim was published in March 2021 and received an award from Global Policy Institute at Loyala Marymount University as ‘the best book of 2021.’ He has been nominated frequently for the Nobel Peace Prize since 2009.
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Tags: Media, Russia, USA, Ukraine
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