Sauce for the gander?

by Chris Bertram on January 8, 2006

There’s been much discussion in both the mainstream media “and the blogosphere”:http://volokh.com/archives/archive_2005_12_25-2005_12_31.shtml#1135724598 about the possibility of an attack on Iran by either or both the Israel and the United States in order pre-emptively to destroy any Iranian nuclear weapons capacity. As is well-known, the “United States National Security Strategy”:http://www.whitehouse.gov/nsc/nss5.html contains the following doctrine:

bq. The United States has long maintained the option of preemptive actions to counter a sufficient threat to our national security. The greater the threat, the greater is the risk of inaction — and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy’s attack. To forestall or prevent such hostile acts by our adversaries, the United States will, if necessary, act preemptively.

Given the more or less open preparation for an attack on Iran, it is hard to see how such a doctrine could not now be invoked by Iran to justify a pre-emptive strike against Israel (or, indeed, against the United States). I wonder how far the bloggers who are advocating (or pre-emptively justifying) an Israeli attack on Iran would be willing to concede the legitimacy of such anticipatory self-defence by Iran? My own view is that such an attack on Israel would be criminal, but I’m not sure that the hawks could consistently agree with me about that. Indeed, given the supposed _imminence_ of an Israeli/US attack on Iran — as compared to the more long-term and speculative threat Israel faces from Iran — Iranian pre-emption looks more justifiable ( at least, _by traditional just-war criteria_ ) than an Israeli attack on Iran.

{ 227 comments }

1

Anon 01.08.06 at 6:38 am

I’m not sure the parallel is apt. Isn’t there some ‘ought implies can’ at work? If Iran strikes the US preemptively, it gets wiped off the map in a second strike. If the US strikes Iran, not so much. Vis-a-vis Israel, maybe not, but… are we really even talking about Israel? The basic point is simply: *could* Iran even imagine destroying US or Israeli nuclear capacity? Is there any way it could happen?

2

Adrian 01.08.06 at 6:41 am

Could Iranian pre-emption really affect the US’s or Israel’s capacity to do Iran harm? If not, Iran isn’t worse off by absorbing the initial attack before responding, so pre-emption is unjustified.

3

John East 01.08.06 at 7:27 am

I was fairly certain that Israel would act as a “flag of convenience” for the US and strike Iran by the end of March. Forget Iran’s nuclear build up, the USA cannot stand by and let the Iranians set up a new international oil exchange due at the end of March which will trade oil in Euros. This would be a direct threat to the US dollar as the worlds reserve currency and will be stopped.
Sharon’s illness of course throws a spanner in the works. Look for the plan to get back on track if a right winger like Netanyahu replaces Sharon.

4

Anatoly 01.08.06 at 7:32 am

Since hawkish Israeli presidents routinely call for complete destruction of Iran, the situation is indeed symmetric. It is therefore hypocritical to pretend that the world at large should be more concerned about the nuclear Iran than it is concerned about the nuclear Israel. A pre-emptive strike by Iran against Israel is indeed called for.

5

david g 01.08.06 at 7:50 am

Criminal or not is a trivial issue. If Iran attacks, she attacks, if not, not. The political question is what such an attack would mean, and what an Israeli attack to destroy Iranian nuclear capability would mean. And here, of course, the Judeophobic anatoly has it exactly backwards. The world will be a more stable place without Iranian nukes, but a less stable (and less desirable) one without Israel or Jews. Iran (the Iranian regime) is an enemy of Israel and of Jews. Non-Jews may differ as to who to support. Personally I (as a non-Jew and a liberal democrat) would find it impossible to support a strategy of destroying Israel and Jews, such as that of the Iranian regime, so I am all in favor of taking it out first.

6

John Emerson 01.08.06 at 7:55 am

This is not a question of international law. It’s an American domestic political question. “Preponderance” in a unipolar world means that decisions are made unilaterally in a legal vacuum, since no one has standing to make an effective objection. It’s not really a question of military necessity, either.

Can the Republicans win the 2006 or 2008 elections by initiating an international crisis? Will the American people accept the cancellation of elections because of an international crisis? Karl Rove will make these decisions.

Bush has the rock-solid support of about 30% of the electorate. Some of them are already girded for battle. In an election they need to cozen, bribe or intimidate another 21% of the actual voters, which has historically proven to be quite possible. In a state of emergency they would just need to scare people and silence key opponents.

7

bert 01.08.06 at 7:57 am

I second John Emerson. It’s wrong to think of the current administration asserting preemption as a general right. Rather, it was claimed as an American privilege. Needless to say the Treaty of Westphalia (honoured in the breach in recent years) wasn’t the only treaty to have been unilaterally torn up. The target of this treaty-tearing was just as much your notion of reciprocal rights as it was the contents of the treaties themselves.

8

David Sucher 01.08.06 at 7:59 am

Anatoly points out the flaw in your argument, Chris.

I am not suggesting that I favor a pre-emptive strike at all. But the basic facts are NOT as you present them which pretty-much destroys your argument.

In fact I wonder if you mean your post as some sort of very subtle humor, making just the opposite case which you seem to be making.

9

Chris Bertram 01.08.06 at 8:24 am

That you can point to such asymmetries doesn’t undermine my argument at all. The point is that a doctrine has been asserted that states that a state that has a well-founded fear that it may be subject to attack at some point in the future has a right pre-emptively to attack the source of the putative future threat. According to that very doctrine, Iran would have the right to attack Israel and the United States since Iran has good reason to believe that both Israel and the United States may attack it in the (near) future.

I’d advise dumping the doctrine, if I were you. But the trouble is, if you dump the doctrine then you’d have to concede that an Israeli/US strike against Iran would be wrong.

(On the Iranian President’s disgusting remarks, I’d just say that they seem largely irrelevant to this argument. I doubt you’d want to say that any state whose leaders make such remarks thereby becomes the object of legitimate military attack and I also believe that an Israeli/US strike against the Iranian nuclear programme would be under discussion even if he had never said such things.)

10

Dr. Weevil 01.08.06 at 8:24 am

anatoly:

Could you provide some evidence that “hawkish Israeli presidents routinely call for complete destruction of Iran”? I don’t doubt that they call for the liberation of Iran from its current evil regime, and for the destruction of that regime, but the complete destruction of Iran is quite a different concept. Iranian leaders have called for a very literal “complete destruction” of Israel, saying (I quote from memory) that if Iran gets a nuclear bomb on Monday, it will be dropped on Tel Aviv on Tuesday. When have the Israelis ever threatened Iran with anything one-tenth as vile as that?

bert:

In order to “tear up” the Treaty of Westphalia, even metaphorically, wouldn’t the U.S have had to have signed it at some point?

11

Chris Bertram 01.08.06 at 8:37 am

dr w: anatoly’s remark was clearly sarcastic.

12

Chris Bertram 01.08.06 at 8:42 am

In order to “tear up” the Treaty of Westphalia, even metaphorically, wouldn’t the U.S have had to have signed it at some point?

I believe that the US (and Israel) have indeed signed the UN Charter which sets out conditions on which states may legitimately go to war. The grounds asserted by the NSS are patently illegal according to the terms of the UN Charter. One response might be to say that the UN Charter is defective and ought to be revised to permit actions on the lines envisaged by the NSS doctrine. But the US would not favour such a revision (and nor would anyone else) precisely because that would justify a pre-emptive strike by the Iranians (or by India on Pakistan, or vice versa, etc.).

13

Chris Bertram 01.08.06 at 8:46 am

Addendum to the above: this case is therefore plainly different from the question raised by intervention on grounds of human rights. In that case we might thing that the “war only in self-defence” doctrine needs revising in favour of a better universal principle. But in the present case, some states want not a revised universal principle but a privilege available only to themselves.

14

jaded 01.08.06 at 8:46 am

An attack by any of these parties on any other would be criminal, but that is beside the point. If Iran acquires nuclear weapons and either the US or Israel destroys them before they are used, I would say we are all better off. If the reverse happens, Iran attacks Israel, we face an awful war. If you can’t have peace, which future would you rather contemplate? In that context, labels such as “criminal” become pretty irrelevant.

15

Syd Webb 01.08.06 at 8:54 am

Jaded wrote:

An attack by any of these parties on any other would be criminal, but that is beside the point. If Iran acquires nuclear weapons and either the US or Israel destroys them before they are used, I would say we are all better off. If the reverse happens, Iran attacks Israel, we face an awful war.

Absolutely. The strong must destroy the weak. Otherwise the weak become stonger and if they then attack the strong we face an awful war. And nobody wants that.

16

Eve Garrard 01.08.06 at 9:02 am

Chris, the logic of your argument seems to be like this:

Scenario 1: A brandishes a knife, and says to B, ‘I’m going to kill you.’ So B shoots A in self-defence.

Scenario 2: A brandishes a knife, and says to B, ‘I’m going to kill you.’ B reaches for his gun, to shoot A in self-defence. A, knowing that this is what B will do, knifes B to death first.

And your claim is that A is as justified in scenario 2 as B is in scenario 1. Why should anyone believe that?

17

John Emerson 01.08.06 at 9:05 am

It seems to me that old forms of deterrence and massive retaliation would be effective against Iran. Anything that Iran unleashes against Israel could be returned a hundredfold against Iran, and also against Mecca and other holy cities of Islam. This would be a quick military command decision not subject to any popular or Congressional oversight.

Hawks routinely allege that N. Korea, Iran, and al Qaeda are crazy and have no rational goals, but this is just propaganda and also projection. Tom Friedman, in fact, admires the craziness of the Bush administration. In bargaining situations you can strengthen your hand by seeming crazy, as both game theory and Malcolm X have taught us, but in a high-stakes game there’s always the real chance that the game of chicken will spin out of control.

I said a long time ago that the lesson of Yugoslavia was: “Get nuclear weapons”. The Yugoslavs and the Iraqis didn’t have any, and look what happened. Korea may have them, and that state still exists. Our Pakistani friends may have them and seem to be helping proliferate them. Israel has them.

American anti-French rhetoric gets heated, but France has nukes, so they’re safe. (Are the French nukes under EU command? I don’t think so, but it’s an interesting question).

18

gr 01.08.06 at 9:13 am

I think there’s a closely related question that’s interesting as well. The Bush administration has emphasized that it has a responsibility to protect the American people from harm and that is it not willing to let the norms of international law, as they used to be understood or as they are understood by others, stand in the way of an effective discharge of that responsibility. Why is the Iranian government barred from making the same argument? More specifically, if a country is regularly threatened with unilateral aggression, doesn’t its government, under the principles enunciated by the Bush administration, have a responsibility to acquire the means to deter those who threaten such attacks? And doesn’t this entail that the Iranian government would violate its responsibilities towards its citizens if it failed to pursue the atomic bomb?
If there’s a good normative reason to think that the Iranian government can’t invoke its responsibility to protect its citizens, I’d like to know about it.

19

Chris Bertram 01.08.06 at 9:16 am

Eve, your Scenario 1 is significantly unlike the Iran case since it suggests an attack is imminent. Where an attack is imminent fairly standard views allow self-defence. If you want a parallel case it might be this:

(1) A makes wild remarks about the world being a better place if B was dead.

(2) B learns that A is planning to buy a gun.

(3) B waits for A outside the gun store and stabs him.

In such a case, not only would B’s claim of self-defence be untenable, but A, faced with an aggressive knife-wielding B, would have a perfectly good claim to it.

20

Chris Bertram 01.08.06 at 9:34 am

Just an brief addendum to the last, I find it very disturbing indeed that a prominent member of the “decent” left thinks that her Scenario 1 models the Iran-Israel relationship and is therefore, presumably, prepared to justify an Israeli strike against Iran and to claim that it would be an act of self-defence. Such an large extension of the right of self-defence would be extraordinary and would be open to obvious abuse.

21

Eve Garrard 01.08.06 at 9:39 am

Chris, so do you think that once Iran gets its nukes the situation will then be as in scenario 1?

22

Joshua W. Burton 01.08.06 at 9:41 am

John Emerson writes:

Anything that Iran unleashes against Israel could be returned a hundredfold against Iran, and also against Mecca and other holy cities of Islam.

This particular slander gets repeated often enough that it demands a forceful response. Not only would Israel, a democratic state with over a million Muslim citizens, not threaten Mecca and other holy sites of the second great monotheistic faith, but in fact Israel would swiftly respond to a US, European or Russian threat to those sites by extending its own (modest, but global-reach second-strike) nuclear umbrella over them. This wild scenario has actually been wargamed at the Qirya, according to Israeli popular rumor.

23

John Emerson 01.08.06 at 9:42 am

Much of Bushite strategic thinking hinges on taking the most far-fetched, purely hypothetical situations as a starting point. Analytic philosophy, economics, and law all delight in far-fetched hypothetical cases, and someone well-trained in one of those sciences can indefinitely defer the return to actuality.

The ticking time-bomb argument for torture is a prime example. Not a single one of the TTB arguments I’ve seen has named an actual recorded case from any actual war in human history. I think that movies have a LOT to do with this scenario — the movies with a lot of jump-cuts, a vivid villain, a curvaceous FBI agent in a tight jumpsuit, a weenie Spock liberal slapped down by the tough Captain Kirk realist, and a click track always ominous in the background.

The more egregious demonizations of the adversary might come from comic books and films too. We’re at war now against Lex Luthor and Dr. Evil. It’s not surprising that the wars are being sold that way, but I often fear that our strategic planners really think that way.

24

John Emerson 01.08.06 at 9:44 am

Joshua, I meant American retaliation. As far as I know, we’re still Israeli’s allies, and our present policy is to leave as large a footprint in the Middle East as we can.

25

Chris Bertram 01.08.06 at 9:44 am

No, of course I don’t think that. The situation would be a lot more like that obtaining between Pakistan and India. (I’m willing to bet, btw, that it is possible to find remarks by either Pakistani or Indian politicians saying that it would be a good thing if the other were wiped off the map. If there are such remarks, I don’t think they would provide grounds for a pre-emptive strike by one against the other on grounds of self-defence. Do you think otherwise Eve?}

26

Eyal 01.08.06 at 9:45 am

chris

You need to add to post 19

(1b) A keeps taking potshots against B

(2) B learns A is buying a bigger gun

Given that sponsering and supporting proxy attacks against another country – as Iran has been doing for Ilamic terrorists – is defined as an act of aggression, Israel could claim it is already in a state of war with Iran, legally speaking.

27

John Lederer 01.08.06 at 9:48 am

Military people charged with defense look for a marriage of capability and intent.

Intent is very difficult to perceive, and can chnage quickly, consequently military people get very nervous about capability even without intent.

In the case of Iran the intent has been repeatedly stated. The people have also been indoctrinated to support the intent by a generation of scholloing in hate and distorted history.

So..do we wait until Iran can bring its capbility up to its intent?

I have few moral compunctions about a preemptive strike against a country that says “We will attack you and wipe you from the face of the earth” and refuses to forego building the capability to do so.

28

Chris Bertram 01.08.06 at 9:51 am

Eyal, given that Israel has also conducted operations in other countries in violation of international law, has employed proxies in Lebanon etc., we could easily engage in a playground game of “he started it” “No, she started it” going back as far as we like. Injecting _that_ into the current discussion seems less than helpful to me.

29

Eve Garrard 01.08.06 at 9:52 am

Chris, no I don’t think that. But the situations are hardly analogous, are they? You don’t need me to tell you what the differences are betwen Israel’s situation and that of either India or Pakistan. But your claim was that hawks have to believe that Iran would be as justified, or possibly more justified, in attacking Israel now, as Israel would be if it attacked Iran to prevent it from getting nukes. My aim is to try to see why on earth we should believe that, on the grounds that you’ve given.

30

yabonn 01.08.06 at 10:08 am

John Emerson in 23 :

I agree in general, but about the ticking bomb specific case :

It is used indeed a hypothetical by the wingnuts to theorize their support of torture, and that is bullshit.

But i think if it works so well is that the belief (the belief od the possibility of the bomb, of one’s responsibility if the hypothetical bomb explode, etc etc) is shared down the command line. Add the deshumanisation of the ennemy that is a part of the military training and you have the torture centers.

I point this because, while i’m not, in general, specially annoyed at the formerly-pro-war left, i definitely think i saw to much hand wringing from these same about the ticking bomb : “But, but, but, don’t you realize, torturers, that it is unreasonable and counterproductive that torture you are doing in this war i supported? What have you done to my war?”.

Note that i’m not annoyed at the hand wringing in itself – far from it – but at the implicit discover that being pro war means, too, being pro-ticking-bomb-scenarios in the mind of many people.

31

Chris Bertram 01.08.06 at 10:14 am

But your claim was that hawks have to believe that Iran would be as justified, or possibly more justified, in attacking Israel now, as Israel would be if it attacked Iran to prevent it from getting nukes.

My post referred to a particular principle mentioned in the NSS, a principle I reject. According to that principle an attack by Israel on Iran would be justified, but also, if the principle is a universal one, an attack by Iran on Israel would be justified. I did’t say that one would be more (or less) justified that then other on those grounds.

I did go on to say, though, that by _other criteria_ (standard just war ones) an attack by Iran on Israel looks more justifiable. And that’s because the Iranians have good reason to believe that an actual Israeli attack is imminent. There’s plenty on these lines in Walzer (for example), justifying pre-emptive Israeli action against imminent Arab aggression. Israel would indeed be less justified than Iran on these latter grounds because there is ample evidence of concrete preparation for an imminent Israeli strike.

I take it, Eve, that you’d concede that (at least up to now) pre-emptive self-defence has been allowable where the other side is actually loading its bombers but not in cases where politicians have been shooting their mouths off, wargaming attack scenarios and buying weapons.

32

Joshua W. Burton 01.08.06 at 10:15 am

John Emerson:

Joshua, I meant American retaliation. As far as I know, we’re still Israel’s allies, and our present policy is to leave as large a footprint in the Middle East as we can.

Fair enough, though in a mad situation like the one you suggest, the alliance is not mutual. One hopes that the proverbial Mouse that Roared phone call from Tel Aviv would simmer things down awfully fast.

33

No Preference 01.08.06 at 10:16 am

I wonder how far the bloggers who are advocating (or pre-emptively justifying) an Israeli attack on Iran would be willing to concede the legitimacy of such anticipatory self-defence by Iran?

As others have pointed out, Bush does not believe in a universal right to wage preventive war. To the contrary, the US reserves that right to itself and, with its approval, its allies.

It’s no wonder that this doctrine is extraordinarily unpopular everywhere in the world. It could never possibly be accepted anywhere outside the US as a basis for world governance. Yet the US public goes along with it. I think part of the reason is that they aren’t very aware of it, for which the Democrats and the media share responsibility.

34

McDuff 01.08.06 at 10:22 am

The fact that the situations may not be exactly analogous (what two national situations are?) and that Iran is a “worse” neighbour than the USA or Israel is missing the point. Similarly, the “nation as individual” analysis will only take you so far because there are fundamental differences in the way we treat sovereign nations as opposed to individual people.

International law is a flimsy, shoddy little thing with no real enforcement prospects. There was more enforcable law in the Old West than there is in the international arena. That said, its use is in achieving consensus and on this consensus trying to forge some kind of stability.

Sure, from your point of view the fact that Iran is full of nasty men with beards who keep funding terrorism is grounds for attack, and for keeping nukes from them. But this is not Iran’s point of view. Iran’s point of view is that America is full of nasty men without beards who have already taken out the country next door, and while they didn’t like the country next door they are well aware that the nuanced subtle differences between them are not so obvious to the unshaven men in America.

Of course we can make a case for invasion based on “waah, they’re nasty and mean”. That’s what all cases for war have historically been based on. The whole point of having some kind of international framework is to go beyond the argument that the other guy is a total cunt and try and establish a far higher benchmark for invoking war.

Not that it works, of course. I’m just saying the argument “Iranians are meaniepants!” — while it may be technically true — has no bearing on this discussion.

35

John Emerson 01.08.06 at 10:26 am

Joshua, in the case I mentioned, I think that the Israelis would find that they, too, are outsiders.

36

John Emerson 01.08.06 at 10:30 am

American strategic planners believe that they are in a historically unique position, perhaps comparable only to the Romans and the English at their greatest extent of their power. (And the Mongols, though they are less often mentioned.) But surpassing all of these.

They are not really inclined to limit themselves to the puzzle-solving of “normal science”.

37

Joshua W. Burton 01.08.06 at 10:42 am

Joshua, in the case I mentioned, I think that the Israelis would find that they, too, are outsiders.

No doubt, but those three German-made diesel subs are quiet in brown-water ops. I don’t believe the US Navy is capable of preventing Israel from credibly threatening to kill fifty million Americans (including most of the world’s surviving Jews, alas) in the aftermath of its own annihilation.

This might make even your hypothetical American lunatic take pause for thought.

38

Eyal 01.08.06 at 10:46 am

chris

not exactly my point. I’m saying that given past behavior – actions, not words – of Iran against Israel (i.e., not by Iran against some third party) – lends somewhat grater weight to their genocidal declarations, and thus to the probability of attack, in ISraeli estimation, if they attain nuclear capabilities, than the other way around.

39

John Emerson 01.08.06 at 10:56 am

Joshua, my lunatics are state-of-the-art high-density cutting edge lunatics.

Hm, I seem to have gone hypothetical myself here. Bad me. (Aren’t you glad I’, not a strategic planner, though?)

40

No Preference 01.08.06 at 11:03 am

American strategic planners believe that they are in a historically unique position, perhaps comparable only to the Romans and the English at their greatest extent of their power.

They’re very badly mistaken.

41

pedro 01.08.06 at 11:04 am

The preemptive doctrine would have deemed perfectly legitimate for the US to attack the USSR or vice-versa during the Cold War, at virtually any point in time. By contrast, standard just war criteria would likely not have justified any such attacks.

42

pedro 01.08.06 at 11:10 am

Paraphrasing Eyal: … given past behavior – actions, not words – of the USA against Iraq (i.e., not by the USA against some third party) – lends somewhat grater weight to their warmongering declarations, and thus to the probability of attack, in Iraqi estimation, especially considering their military superiority, than the other way around.

This seems to be an interistingly similar “justification” (these are scare quotes, btw) for a preemptive Iraqi attack on the US, prior to American invasion of Iraq.

43

jet 01.08.06 at 11:10 am

The government of Iran has stated repeatedly that once they obtain nuclear weapons, they will use them against Israel. They have a huge propaganda campaign designed to ensure their citizens hate Israel.

Israel already has nuclear bombs and has only threatened to use them in retaliation. Iran is seeking nuclear bombs and has threatened to use them as soon as they get them.

This makes the two situations completely asymmetrical. Iran is seeking a goal, at which point it has stated it will initiate a nuclear attack. Israel, being the target of this attack, has every right of defense.

The two types of attacks aren’t even symmetrical. Israel is planning a surgical conventional strike against Iran’s nuclear facilities. Iran is planning a nuclear strike against highly populated areas of Iran, or so says the Iranian government.

End of point is the two situations are not symmetrical. Although from Iran’s point of view, it might feel somewhat more symmetrical as they probably fear an invasion. But that isn’t even in the realm of possibility and just part of their madness.

44

David Sucher 01.08.06 at 11:12 am

Just to shift the context slightly, and to provide historical perspective, does anyone here think that Israel was “wrong” to destroy the nuiclear facilities in Iraq in the early 1980s?

45

pedro 01.08.06 at 11:14 am

An addendum to my last comment, courtesy of Jet:

Although from the USA’s point of view, it might feel somewhat more symmetrical as they probably fear an invasion–hence the rhetoric of taking the war to the “terrorists” (code-word for Iraqi soon-to-be insurgents) rather than letting the war take place in the US. But that isn’t even in the realm of possibility and just part of their madness.

46

jet 01.08.06 at 11:16 am

I also think adding time to this equation might help. This isn’t just a case of Iran and Israel threatening to attack each other. There is the context of the past middle-eastern conflicts. Then there is the context of Iran’s ongoing funding of attacks against Israel. This of course leads to the tangled mess of Iran claiming it is only helping its allies in Palestine and Israel claiming it is the victim of the aggressor Iran. Which is an ungodly mess. So the only real distinctions you can point to is that Israel’s threatened attacks are surgical and limited to nuclear facilities. Iran’s threats are to nuke population centers.

47

jet 01.08.06 at 11:17 am

Pedro,
Is that why there is no Al Queda in Iraq?

48

John Emerson 01.08.06 at 11:19 am

If the Israeli-American attack takes place and is successful on its own terms, there shouldn’t be any difficulty rewriting th just-war doctrine to accomodate it.

49

No Preference 01.08.06 at 11:21 am

Iran is planning a nuclear strike against highly populated areas of Iran(sic)

Oh, really. Iran doesn’t have nuclear weapons, nor is it close to getting them. There is no evidence that Iran is “planning” an eventual nuclear first strike on Israel, wild statements by a couple of Iranian politicians notwithstanding.

Just to shift the context slightly, and to provide historical perspective, does anyone here think that Israel was “wrong” to destroy the nuiclear facilities in Iraq in the early 1980s?

That is a good question. Saddam is not the kind of guy who should have nuclear weapons. On the other hand, that attack by Israel was part of a pattern of behavior – the flouting of international law – which the US has adopted. This is highly dangerous to the world.

50

Jacob T. Levy 01.08.06 at 11:25 am

The preemptive doctrine would have deemed perfectly legitimate for the US to attack the USSR or vice-versa during the Cold War, at virtually any point in time.

Probably not. Any coherent case for preventative or preemptive war will have to build in a requirement of efficacy. (This was alluded to above, as ana rgument against Iran’s having a right to launch a preemptive strike; the futility of it delegitimizes it.) For most of the Cold War the first-striking power would have been no safer from destruction after the first strike than before, because no first strike could actually disable enough of the other side’s nuclear force. There’s no legitimate prevention or preemption (different things; the latter is traditionally legitimate, the former not) if there’s no way to successfully end the threat.

And, yes, as far as I can tell this also delegitimizes preemption or prevention against Iran’s highly dispersed nuclear program.

51

pedro 01.08.06 at 11:30 am

Okay, okay, Jet: fair enough, “terrorists” stands for soon-to-be Iraqi insurgents + true Al Qaeda imports coming to fight the war. So? How does that change anything of substance?

52

pedro 01.08.06 at 11:32 am

Jacob: that is most interesting. So the preemptive doctrine has a built-in power differential. It is the powerful who has the right to preemptively strike, but not the party at a disadvantage or at an impasse?

53

abb1 01.08.06 at 11:41 am

Went to ski for a couple of hours came back and read all this crap here. That was a big mistake – reading the comments in this thread, I mean.

“If you have burned the Jews, why don’t you give a piece of Europe, the United States, Canada or Alaska to Israel,” Ahmadinejad said.

“Our question is, if you have committed this huge crime, why should the innocent nation of Palestine pay for this crime?”

What’s your answer? Ah, I know – nuke the bastard for saying this.

54

Moralist 01.08.06 at 11:42 am

Isn’t an implicit presupposition for a justification of pre-emptive war that the state acting pre-emptively is a just one to some reasonable approximation? Iran is an evil state, and I’m appalled to see people who are supposedly on the left being so overtaken by hatred of Israel that they’re willing to serve as apologists for evil.

55

pedro 01.08.06 at 11:42 am

Jacob: Obviously, the above was a rhetorical question. But thanks for explaining why I was wrong in my understanding of the preemptive doctrine.

56

otto 01.08.06 at 11:46 am

Once you realise that “sauce for the gander” type arguments – or arguments for consistent rules of normative behaviour applied across states, no matter whether weak or powerful, or the composition of their internal political order – have no explanatory power in understanding international relations, you will have helped yourself a great deal.

There’s a certain sort of political commentator or academic who spends their life asking why o why is international law not effective? Dont be that person.

57

Dan Kervick 01.08.06 at 12:10 pm

Chris wrote:

The point is that a doctrine has been asserted that states that a state that has a well-founded fear that it may be subject to attack at some point in the future has a right pre-emptively to attack the source of the putative future threat. According to that very doctrine, Iran would have the right to attack Israel and the United States since Iran has good reason to believe that both Israel and the United States may attack it in the (near) future.

Chris, I think you are underestimating the degree of contempt with which the current United States administration views international law. I do not believe the administration has clearly asserted any generalized doctrine such as the one you suggest. They have only asserted their own determination to act aggressively to preempt certain perceived threats, in the defense of their nation’s own interests as they see them. As a good liberal, and defender of the rule of law, you possibly assume that no self-respecting modern state would make so bold as to articulate some state security policy without justifying that policy under some accepted or proposed legal principle or norm. But it is not clear the Bush administration sees things that way. Perhaps their view is that they “don’t need no stinking badges.”

Of course, the National Security Strategy does insinuate certain suggestions about how some future understanding of international law might be adapted and modified from the present understanding in order to encompass the new threats the strategy describes. (Given the wording of the stratgy statement, I suspect the change they have in mind would draw on some distinction between “rogue” states and other states, on “adaptations” of the notion of preemption, and between preemptive actions that are genuinely “defensive” and those that are merely “pretexts for aggression”.) But it is no part of the National Security Strategy itself to propose such a modification of the legal principles for action, only to express to the world and the American people the administration’s determination to act in certain ways.

It is true, though, that many of the administration’s staunchest ideological supporters and allies are fond of articulating a variety of interesting legal and moral principles to justify administration policy. They often seem to view the conventional legalistic arguments as suffering from the debilitating defect of “moral equivalence” They ultimately believe in a single supreme principle as the proof and moral measure of all other rules, standards and conventions. The supreme principle is this: the good have the right, and the duty, to defeat the evil; they evil have no corresponding right to defeat or impede the good.

According to that principle, they would say, whether Iran’s fear of US or Israeli attack is well-founded or not is immaterial. Israel and the US are good; and Iran is evil. Israel and the US thus have the right to defeat this evil, while Iran has no right to preempt the interventions of the good.

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jet 01.08.06 at 12:14 pm

Pedro,

But that isn’t even in the realm of possibility and just part of their madness.

So you admit that when the administration talked about “fly-paper”, they were right. Good or bad, the invasion of Iraq drew Al Queda to Iraq. And then you oh so not very cleverly use my words to say Al Queda’s invasion of the US wasn’t even a possibility? Except not only is it in the realm of possibility, it has already happened on several occasions.

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otto 01.08.06 at 12:21 pm

“the degree of contempt with which the current United States administration views international law”

The point to remember is that this is how all states view international law – i.e. entirely instrumentally and contingently. If other states became powerful, they would also look at international law the same way. It’s the states that can’t act unilaterally that incline towards international law constraints. It’s the states that can act unilaterally (and this varies from issue area to issue area) that offer their best organised lobbies (economic, ethnic or other) the temptation to achieve their goals whether current international law would endorse that policy or not.

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John Emerson 01.08.06 at 12:26 pm

al Qaeda’s attacks have been few, at long intervals. I would hesitate to speculate on the reasons for the recent absence of attacks. Good police work might be it. I doubt that the flypaper theory is part of it at all.

Going on to more serious topic, re 56:

Some time ago I read a report on a territorial dispute in the South China Sea, perhaps the Spratley Islands. About six countries had plausible claims, and on paper the Filipino claim was among the best, but nobody took the Filipino claim at all seriously because their navy consists of fewer than ten mostly small ships.

File under “high seas legend”, because I can’t remember the specifics, but I think that the general principle is valid.

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Jim_L 01.08.06 at 12:34 pm

Was wondering why it had taken so long for the usual suspect to submit his Israel-is-the-pariah-of-(illegitimate)nations contribution to this thread. Was the skiing enjoyable, Abb1?

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abb1 01.08.06 at 12:41 pm

The supreme principle is this: the good have the right, and the duty, to defeat the evil; they evil have no corresponding right to defeat or impede the good.

Yes, but this is obviously for the complete idiots.

A more coherent principle is this: “it’s a jungle out there. Strike first while you can.”

The law of the jungle vs. the rule of law, that is what needs to be discussed – from the both moral and pragmatic angles. Especially the pragmatic angle.

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abb1 01.08.06 at 12:55 pm

Thanks, Jim, skiing was great today.

But really, think about it – that Israel is an illegitimate entity imposed upon native people of the region by the Europeans, US and Soviets – it’s a relatively common view shared by probably a couple of billion people on the planet. The Palestinians call is “catastrophe”, the same word the Jews use to refer to the holocaust. Whether you like it or not – they have a point. What they don’t have is the nukes, so you can ignore it for now, but for how long – who knows.

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Chris Bertram 01.08.06 at 1:05 pm

I’m going to stipulate for the purposes of discussion here that Iran and Israel are both bona fide states, members of the UN etc and that they have all and any rights that such entities have (or fail to have).

Please have discussion of Israel’s “right to exist” somewhere else. I note, though, that Israel’s status as an “entity imposed on native people of the region” (abb1) hardly marks it out as as different from every state in the Americas, quite possibly India and Pakistan, etc etc.

Violations of this diktat may result in deletion or disemvowelling.

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Brendan 01.08.06 at 1:09 pm

‘Israel already has nuclear bombs and has only threatened to use them in retaliation.’

This is true (or at least true-ish) but of course the statement is meaningless without clarifying: ‘retalation for WHAT?’.

The implication of course (left hanging) is that Israel would only retaliate with nuclear weapons if attacked with nuclear weapons. But that’s not true, as should be obvious. With the creation of the (meaingless but useful) phrase ‘weapons of mass destruction’, our governments did a lot to help create the myth that chemical, biological and nuclear weapons are all, somehow equal in terms of their potential for death and destruction. But of course that’s not true. Look at one of the few uses of nerve gas in the modern world: the Sarin Tokyo nerve gas attack. This was a terrible act of murder, but ‘only’ 12 people died. Compare that with the death tolls at Nagasaki or Hiroshima. Moreover, only nuclear weapons actually create ‘destruction’ (as opposed to deaths).

Therefore it has become a commonplace that it would be justified to retaliate to a biological or chemical attack with nuclear weapons on the grounds that ‘well they’re really the same thing.’

In fact as this article argues: ‘A recent study highlighted Israel’s extreme vulnerability to a first strike and an accompanying vulnerability even to a false alarm. Syria’s entire defense against Israel seems to rest on chemical weapons and warheads. One scenario involves Syria making a quick incursion into the Golan and then threatening chemical strikes, perhaps with a new, more lethal (protective-mask-penetrable) Russian nerve gas if Israel resists Their use would drive Israel to nuclear use.’

The article continues: ‘Another speculative area concerns Israeli nuclear security and possible misuse. What is the chain of decision and control of Israel’s weapons? How susceptible are they to misuse or theft? With no open, frank, public debate on nuclear issues, there has accordingly been no debate or information on existing safeguards….Could the Gush Emunim, a right wing religious organization, or others, hijack a nuclear device to “liberate” the Temple Mount for the building of the third temple? Chances are small but could increase as radicals decry the peace process. A 1997 article reviewing the Israeli Defense Force repeatedly stressed the possibilities of, and the need to guard against, a religious, right wing military coup, especially as the proportion of religious in the military increases.’.

etc. etc. etc.

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pedro 01.08.06 at 1:17 pm

“And then you oh so not very cleverly use my words to say Al Queda’s invasion of the US wasn’t even a possibility? Except not only is it in the realm of possibility, it has already happened on several occasions.”

Invasion? Al Qaeda has invaded the US, on several occasions? I imagine you must be confused, Jet. Or do you seriously have trouble distinguishing between infiltration and invasion? You said above that Iran would be silly to fear an invasion from Israel, because it’s not within the realm of possibility. What did you mean? That Iran would be silly to believe that Israeli agents would trespass? That to think that Israelis would be able to infiltrate Iran is outside the realm of possibility? Or have you oh-so-cleverly changed the meaning of the word invasion all of a sudden?

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abb1 01.08.06 at 1:19 pm

My view is that Israel does have a right to exist – inside the 1967 borders and with the refugees problem solved. I’m just saying that Ahmadinejad’s rhetoric is not necessarily wacky, at least not in the ME paradigm. It certainly much less wacky than the popular “centrist Sharon” joke.

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Jim_L 01.08.06 at 1:22 pm

The Palestinians call is “catastrophe”, the same word the Jews use to refer to the holocaust.

I’ll have to ask my (Hebrew-speaking) neighbour, but I rather doubt that “nakbah” is a synonym for “shoah”.

What they don’t have is the nukes, so you can ignore it for now, but for how long – who knows.

Yes, isn’t that the point of this thread? Israel (its government and the vast majority of its citizens) have no desire to obliterate its neighbours. Would that (all) its neighbours reciprocated (and educated their citizens accordingly).

And Abb1, since you seem like an authority on the subject, could you kindly explain why Ahmadinejad and his ilk (of the Islamist or straight neo-Nazi varieties) argue, at once, that the Holocaust is a myth and that the Jews deserved it?

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Jim_L 01.08.06 at 1:25 pm

Sorry Chris, my last contribution the Abb1-initiated OT discussion of Israel’s (il)legitimacy was posted before I read your admonition. I will heed your advice.

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Walt Pohl 01.08.06 at 1:33 pm

Does anyone seriously believe that Iran will nuke Tel Aviv the minute they get nuclear weapons? If that happened, things would end for Iran in one way: badly. While leaders are frequently content with the deaths of others, they view their own deaths with much more alarm.

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David Sucher 01.08.06 at 1:46 pm

From at least one perspective — the Israeli — the issue turns on how seriously to take the Iranian threats. Strategically Iran is the far more powerful force with ten times Israel’s population and its own oil.

So you have to look at “pre-emption” not just at one moment but over some reasonable term. Chris, can you possibly conceive that Israel has long-term plans to invade Iran? The threat from Israel which you suggest might justify Iranian pre-emption are only caused in the first place by Iranian saber-rattling.

Yes, in some cases, “he did it first” really is decisive.

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Chris Bertram 01.08.06 at 1:52 pm

Chris, can you possibly conceive that Israel has long-term plans to invade Iran?

No, I can’t. But I would note that post-revolutionary Iran has, afaik, invaded no other countries, a claim that can’t be made about Israel over the same period. Iran has, though, been invaded by a foreign country (Saddam Hussein, egged on by the US). A claim that “Strategically Iran is by far the more powerful force” is seriously misleading when it fails to mention that Israel has the near unconditional backing of the world’s only superpower.

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otto 01.08.06 at 2:01 pm

Even wihtout US backing, Israel is a European settler state (yes, like the US, Australia etc) and as such has much better organisation and use of technology etc. As such it can be expected to win conventional military confrontations with Iran and other ME states, just as very small numbers of British troops conquered the Sudan in 1898, as other southern african states could not militarily challenge South Africa (tho it lacked unconditional support from the West), etc etc.

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abb1 01.08.06 at 2:17 pm

And Abb1, since you seem like an authority on the subject, could you kindly explain why Ahmadinejad and his ilk (of the Islamist or straight neo-Nazi varieties) argue, at once, that the Holocaust is a myth and that the Jews deserved it?

I haven’t seen a quote where he says “the Jews deserved it”; as far as the ‘holocaust is a myth’ rhetoric – it seems to be a fairly natural emotional reaction to some folks using the holocaust as a sledge hammer against various critics of various aspects of political Zionism. Junk in, junk out; what goes around comes around.

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ben alpers 01.08.06 at 2:26 pm

Gotta disagree, abb1.

Two wrongs don’t make a right. No matter how the Holocaust has been abused to justify Israeli misbehavior, we should condemn Ahmadinejad’s Holocaust denial.

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roger 01.08.06 at 2:37 pm

Actually, if a pre-emptive strike came — and I doubt seriously Israel or the U.S. or both are going to bomb Iran at this point — the argument will be rather simple. It will be that Iran is a totalitarian dictatorship. The people of Iran, mind you, want to be bombed. There is nothing they desire more. Christopher Hitchens his own self has gone there, has supped with the people, and has tales to tell of their oppression, which you can buy past issues of Vanity Fair and read yourself. It will almost make you weep — or at least the smell of the cheap perfume they soak that mag in will. In this way, they could relieve themselves of the leadership which they elected (but without purple ink, thereby rendering the election invalid) and be liberated. Liberation is what war is about — bring freedom. Chris obviously needs to re-read President Bush’s stirring inauguration speech. The wind of freedom, free as the wind, is winding over the windy hills of the Middle East, and soon an ownership society will arise there, with every mother’s son — and mothers too, let’s not forget the better half! — owning stock in some really fine American equities.

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Purple State 01.08.06 at 2:43 pm

The pre-emptive war doctrine was not promulgated in an attempt to place limits on when war is justified, but in an attempt to remove nearly all such limits. Whenever you feel threatened, you can attack. If Iran feels threatened, they can attack. Of course, such an attack would be a strategic mistake for Iran–but who knows whether or not the Iranian leadership is rational.

Whatever the rationality of the Iranian leadership, however, it is true that the Iranians do have a rational reason to feel threatened. Many pundits in the US seem to be advocating an attack on Iran. The President has labeled Iran part of his “axis of evil,” one nation of which he has already attacked. And the US clearly has WMDs (no UN inspections required) and has used them against its enemies (and their civilian populations) in the past. It is certainly rational for Iran to feel threatened, but (given the vast power difference between the US and Iran) it isn’t rational for them to mount a pre-emptive strike, regardless of the fact that such a strike would be justifiable under the doctrine of pre-emptive war.

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abb1 01.08.06 at 2:57 pm

I don’t condone it, just explaining. Some holocaust denialists are apologists for Nazism, in Ahmadinejad’s case it seems to be different.

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Jake McGuire 01.08.06 at 3:03 pm

I’m sure the hawks don’t agree with you that an attack on Israel by Iran would be criminal. Spectacularly ill-advised, certainly. Morally wrong, possibly, depending on how much you accept the efficacy argument made by Jacob Levy. Generally bad? Sure. But criminal? Not really.

Which only goes to show both the poor state of international law and the wisdom of relying on traditional just-war criteria.

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neil 01.08.06 at 3:06 pm

CB, yes such a case could be made for an Iranian attack on Israel – but isn’t the real question whether or not one would support it?

An attack by Israel on Iran would be aimed at destroying Iran’s nulear capability. An attack by Iran on Israel would be aimed at destroying Israel. So the two situations are not quite the same. Iran is the coutry that has threatened to wipe Israel off the map, not the other way round.

I’m sure that there would be some who would support an Israeli pre-emtive strike on Iran’s nuclear facilities under certain conditions but would not support an atack by Iean on Israel. But this is not necessarily a contradiction morally or legally since the objectives are different.

What’s your position – do you oppose a pre-emptive strike by Isael under all conditions? Did you opppse Israel’s srtike against Saddam’s nuclear programme?

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Sebastian Holsclaw 01.08.06 at 3:12 pm

“I take it, Eve, that you’d concede that (at least up to now) pre-emptive self-defence has been allowable where the other side is actually loading its bombers but not in cases where politicians have been shooting their mouths off, wargaming attack scenarios and buying weapons.”

And: “That you can point to such asymmetries doesn’t undermine my argument at all.”

Actually it does. Questions of war and peace are not mere legal games where people get off on technicalities because the cops didn’t fill out the right forms. There are asymmetries all over the place and every one of them speaks to why Israel is justifiably worried about Iran getting nuclear weapons–and worried enough that a limited strike against the nuclear capabilities could be justifiable.

A) Israel is justly more worried about “politicians shooting their mouths off” than lots of other countries because there is a rather noticeable history of people shooting their mouths off about Jews right before trying to kill large numbers of them or wipe them off the map. Iran has no such historical worry vis-a-vis Israel.

B) We aren’t talking about preemptive invasion so much as preemptive destruction of nuclear sites. This is far more analogous to Osirak 1981 or Clinton bombing Iraq 1998 than it is to Bush invading Iraq.

C) Iran’s intense enmity against Israel is not hypothetical and is not limited to mouthing off. Iran is right this very moment funding a proxy war against Israel and has been doing so for more than 20 years. Hezbollah is not a hypothtical.

D) Seeking nuclear weapons changes the calculus of “just war” (though in this case it should be “just strike” since Israel has no intention of taking over or destroying Iran as a nation) especially for a nation as small as Israel. How many cities would you have to nuke to effectively destroy Israel? Three? Four? Presuming a religious reason not to bomb Jerusalem, wouldn’t destroying just Tel Aviv, Haifa, and Be’ersheba pretty much do it? Kill or cause serious harm to 4 million out of a population of about 6 million with the need to only hit three major targets is a pretty serious threat. That isn’t ridiculous considering that Iran seems to be going the plutonium route.

E) Iranian leaders have already publically noted that Israel could not destroy Iran in the same way that Iran could destroy. Repeatedly, high level Iranian leaders have noted that Israel could be totally destroyed while Iran would be sacrificing only a few cities.

F) This points out that a nuclear Iran doesn’t really set up a Mutually Assured Destruction deterrence (not that the left was a fan of MAD deterrence anyway). Is the loss a few cities and the top levels of the Iranian regime (if there isn’t some deniability) worth the destruction of Israel? Some religious zealots might say yes. And in fact some high ranking leaders in Iran have already said yes.

Limited military strikes against Iran’s nuclear capability make a lot of sense when you look at the facts above (even just the first four). Is it ‘preemptive’ strikes or ‘just war’ strikes or ‘preventative’strikes? Call it whatever you want, but the case for the strikes is strong (if not 100% compelling).

Israel isn’t interested in destroying Iran. Iran is interested in destroying Israel.

That is the asymmetry which makes an ass of your argument.

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Eve Garrard 01.08.06 at 3:33 pm

What Sebastian said.

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Brendan 01.08.06 at 3:48 pm

‘Iranian leaders have already publically noted that Israel could not destroy Iran in the same way that Iran could destroy. Repeatedly, high level Iranian leaders have noted that Israel could be totally destroyed while Iran would be sacrificing only a few cities.’

Er…unless I’m missing something here, this claim is obviously and self-evidently false. Israel has up to 200 nuclear weapons. Israel has won every war against its Arabic neighbours that it has ever fought. If a war develops with Iran, it will win that war, too. The possibility of Israel being destroyed, eradicated or ‘driven into the sea’ in the next ten years, 100 years or (probably) 1000 years is precisely zero, and all discussions about Israel’s relations with its neighbours should start with an acknowledgement of that fact.

It follows that point ‘F’ is false too.

Incidentally, ‘Israel isn’t interested in destroying Iran. Iran is interested in destroying Israel.’ is false too and again, very obviously false. Think it through. If it was widely believed in Israel (as it seems to be) that Iran wants to destroy Israel, then the obvious thing for Israelis to think is that Iran must be

a: nuetralised somehow and that if this is not possible

b: destroyed.

Again, all you need to do is follow the logic through. In the case of almost every nuclear power, the possession of these weapons is primarily for political reasons. With Israel one gets the impression (whether rightly or wrongly I don’t know) that she actually would use them, in some circumstances. And if that meant using nuclear weapons against Iran, then so be it.

It need hardly be added that if a nuclear war developed then Israel would be backed by the United States. The US has 7000 operational nuclear warheads. Iran has none.

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John Emerson 01.08.06 at 3:58 pm

I don’t think that we should presume very much about the motives, intentions, and limits of any of the players in this game, including the US and Israel.

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ken 01.08.06 at 4:01 pm

I agree with Brendan that MAD would probably still be an effective deterrent in the case of Israel and a nuclear armed Iran, especially given that the US would back Israel. But I still agree with Sebastian’s broader point. We are talking about nuclear war here. Israel has won past wars, but what would it mean to emerge as a “winner” from a nuclear exchange with Iran? Furthermore, it is easier for us to us to live with that “probably” than it would be for the Israelis. Ahmadinejad’s calculus in not only strategic, but also, it seems, apocalyptic and therefore less easy to predict by the usual criteria. As for Israel’s wanting to either neutralize or destroy Iran, they have long had the capacity to destroy Iran, as you point out, and have not done so. A strike on Iran’s nuclear facilities is the type of neutralization being discussed, so I think Sebastian’s points on that score hold.

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Alex 01.08.06 at 4:05 pm

I would have thought that 200 or so megaton deliveries into Iranian urban centres is enough deterrent for anyone, whether air-delivered (F-15/16/Kfir), IRBM, GLCM or submarine-launched cruise missile. Yes, Israel is small and densely populated, but all the countries in the strategic region are very heavily urbanised. I’d also point out that there are Israeli politicians who talked about firing missiles at Tehran and burning Beirut during the 1998 election campaign. No-one has a monopoly of insanity.

What the Israeli land forces would be doing is another matter (apart from moving to Syria to start all over again).

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Chris Bertram 01.08.06 at 4:06 pm

Iran is right this very moment funding a proxy war against Israel and has been doing so for more than 20 years. Hezbollah is not a hypothtical.

Hezbollah’s strength and success owes far more to Israel’s actions since 1982 than it does to Iranian support. People don’t like it when their country is occupied and invaded by foreigners. I’d have thought even you would have realized that Sebastian.

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Alex 01.08.06 at 4:07 pm

A further point; questions about the command-and-control arrangements of putative Iranian nuclear forces take on a very different look when you remember that Ahmadinejad’s meant to be in charge. That given, I think I’d prefer as much wobbliness as possible in order to facilitate the inevitable military coup that would eventuate if he ever looked like using them :-;

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Brendan 01.08.06 at 4:14 pm

‘As for Israel’s wanting to either neutralize or destroy Iran, they have long had the capacity to destroy Iran, as you point out, and have not done so.’

Yeah but they’ve never had the motive to do it either. If, somehow, Iran got hold of a serious nuclear arsenal (something which is, in my opinion, vanishingly unlikely) then it would be very much in Israel’s interests to launch a massive pre-emptive nuclear strike.

‘Ahmadinejad’s calculus in not only strategic, but also, it seems, apocalyptic and therefore less easy to predict by the usual criteria’

Yeah but what are the ‘usual criteria’? Ronald Reagan believed that we were living in ‘end times’. So, apparently, does George Bush. Certainly his rock solid ‘fanbase’, the extremist religious right, support Israel because they believe that its existence fulfils Revelation (or somesuch nonsense). Who (to use an aptly Biblical phrase here) is going to cast the first stone?

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neil 01.08.06 at 4:15 pm

Cb, Sebastian’s point still stands – Iranian support of Hezbollah is evidence of Iran’s intent being more than rhetorical. Do you think that the attitude of Israel towards Iran is the same as that of Iran towards Israel?

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pedro 01.08.06 at 4:38 pm

Personally, I’m not interested in discussing the strategic merits of launching preemptive strikes on any one nation, but on the adequacy of the preemptive doctrine as the basis for deciding whether certain types of attack are justifiable. Jacob Levy’s contribution seems to point to the following: an attack is deemed just by the preemptive doctrine if the target is rightly perceived to be a threat (not an imminent threat, simply a threat), and if by virtue of such an attack one is able to remove the threat.

Consider an alternate cold-war scenario: the US and URSS can effectively obliterate each other, and they can do so in such an efficient way that they fear not that the other will be able to retaliate. The preemptive doctrine would, in such a scenario, find it perfectly justifiable to obliterate the other.

When the power differential is large, the preemptive doctrine seems to show very troubling features as well. The powerful are justified in preemptively attacking the powerless, if they feel threatened by them, provided the attack is powerful enough that the powerless cannot carry out what the powerful fear. The less powerful cannot ever justify a preemptive strike on the more powerful on the basis that this gives them a chance to gain some strategic footing on the fight, because such an attack does not remove the threat.

In short, the preemptive doctrine seems to be worthy of being expressed thusly: my dick is bigger than yours; therefore, I have the right to attack you if I’m threatened by you, but you have no such right… why? Because my dick is bigger than yours.

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abb1 01.08.06 at 4:39 pm

Israel has no grounds to complain about Hezbollah or any other similar hostile activity as long as it keeps occupying the West Bank, East Jerusalem, Golan Heights, those Shebaa Farms, and as long as the refugees issue has not been resolved. Not to mention that Israel is still controlling Gaza for all intents and purposes.

One can’t be an active and unrepentant criminal and complain about being attacked by vigilantes. That does not work, that’s ridiculous, that’s absurd.

Why is this not obvious to everyone?

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hirvi 01.08.06 at 4:48 pm

Joshua #22: Good post. Conversely, I don’t think Iran would use a nuke on Israel either (if it had one).

Surely the purpose of nukes is that no one uses them, because if someone did, they’d all lose.

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Man 01.08.06 at 5:12 pm

“The possibility of Israel being destroyed, eradicated or ‘driven into the sea’ in the next ten years, 100 years or (probably) 1000 years is precisely zero, and all discussions about Israel’s relations with its neighbours should start with an acknowledgement of that fact.”

Of all the foolish and preposterous statement in this thread, surely this is the silliest. Israel almost lost the ’73 war, let’s not forget. And unless one is a total bigot who believe that the Arabs are so limited in ability as to never be able to transcend their own pre-industrial state, then in fact quite the opposite is so. At some point, and perhaps aided by changing American policy, the 300 million highly-reproductive and well-oiled Arabs will certainly have the capability to fulfill their wildest fantasies of killing all the Jews. And when you have a national leader of a country which is both oil-rich and full of talented people (i.e. the Iranians) and is favoring such a possibility in the here-and-now then you have a credible and very real threat. Such apocalyptic scenarios, friend Brendan, must be the starting point for any analysis of middle east politics. Israel’s goal, obviously, must be that the Arabs (speaking generally) will no longer have such a desire to destroy when they finally achieve the capability.

Whether a pre-emptive strike against Iran is the wisest course is yet a different question. But one would have try hard to overlook reality to suggest that Israel faces no threat from Iran.

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pedro 01.08.06 at 5:31 pm

hirvi: nukes also have the effect of deterring the powerful from using their “preemptive doctrine”.

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a 01.08.06 at 5:51 pm

“The possibility of Israel being destroyed, eradicated or ‘driven into the sea’ in the next ten years, 100 years or (probably) 1000 years is precisely zero.”

This strikes me as patently false. The probability of the US being destroyed in the next hundred years is clearly greater than epsilon. The probability of Isreal being destroyed in the next century is probably in the double digits somewhere (speaking as a percentage).

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Donald Johnson 01.08.06 at 5:57 pm

I did a 3 second google search with the words “Khiam human rights watch” and found this

http://www.hrw.org/editorials/1999/khiam-prison.htm

Anyway, Hezbollah is no doubt a group with many human rights violations to its “credit”, but then, so is the Israeli government so far as the Lebanese Shiites are concerned. They have no cause to love the Israelis and their torture centers and Iran’s support for Lebanese Shiites is morally equivalent to the US supply of equipment (such as bulldozers and attack helicopters) that have been used by Israel for various human rights violations. The fact that Iran supports unsavory allies engaged in a low-level war with Israel does not prove or even strongly support the notion that they’d engage in a nuclear war with a country that can retaliate with 200 nuclear weapons.

That said, Sebastian’s other points seem stronger to me. I certainly feel uneasy about a government whose President engages in Holocaust denial rhetoric and which is trying to obtain nuclear weapons. I don’t know enough about Iranian politics (note–this is an understatement) to know how seriously to take this-is it hot air or would Iranians with nuclear weapons actually try to use them?

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hirvi 01.08.06 at 6:13 pm

Pedro: indeed, that must be their primary motivation.

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Brendan 01.08.06 at 6:38 pm

Yes well obviously 7,200 nuclear warheads are no match for ‘highly reproductive arabs’. What was I thinking?

Of course in the real world we all know that when we all die, Israel will still exist. And we do all KNOW that, incidentally.

And Israel did NOT ‘nearly lose’ the 73 war incidentally. Aftter a few early victories (due entirely to the surprise nature of the attack) the Arab military forces were beaten as they always have been (and always will be). In fact, Egypts military forces could easily have been anninhilated had the US not intervened.

http://en.wikipedia.org/wiki/Yom_Kippur_War

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Chris Bertram 01.08.06 at 6:48 pm

due entirely to the surprise nature of the attack

And it wasn’t even that much of a surprise, since Israeli intelligence knew of it in advance but Meir and Dayan decided not to pre-empt.

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Dan Kervick 01.08.06 at 7:01 pm

Brendan wrote:

Er…unless I’m missing something here, this claim is obviously and self-evidently false. Israel has up to 200 nuclear weapons. Israel has won every war against its Arabic neighbours that it has ever fought. If a war develops with Iran, it will win that war, too. The possibility of Israel being destroyed, eradicated or ‘driven into the sea’ in the next ten years, 100 years or (probably) 1000 years is precisely zero, and all discussions about Israel’s relations with its neighbours should start with an acknowledgement of that fact.

This doesn’t seem right to me at all. Israel is a very tiny country. If Iran possessed even a relatively small number of medium range nuclear missiles, and the determination to use them, it seems unlikely that Israel could withstand a nuclear first strike. The result would be that the country would be literally destroyed, under any reasonable interpretation of “destroyed”.

Of course, the crucial phrase here is “the determination to use them”. Iran’s willingness at some time in the foreseeable future to launch such a first strike is no doubt exaggerated by Israel and it’s supporters, and the deterrent value of Israel’s own nuclear forces and it’s backing by the United States is similarly underrated by these supporters, but I would certainly place the possibility of a first strike from a nuclear Iran as higher than “precisely zero”.

I would remind you that during the Cold War, there were many military planners in the US and the Soviet Union who were willing to endure quite a large number of casualties in exchange for victory in a first strike against their adversary. That we managed to get through ther period alive, and did not fall under the total control of these people, is a triumph for the forces of sanity. But it was not at all fore-ordained triumph. Whether Iran’s leaders, through either ideology or ambition, would ever be willing to absorb massive civilian casualties and physical destruction in exchange for victory over Israel, is a tough question. I think it really depends on who is in charge, and Iran’s political culture does seem rather unpredicatable. I have to say that the current president, whose ineptitude and crude rhetorical bombs seems to shake up even the mullahs in the Council of Guardians, does not do much to project an image of sanity and temperate behavior for his country. Frankly, he seems like a dangerous and fanatical street punk to me, and I sincerely hope the country is able to return to a more sane and internationallly experienced leadership post haste.

You may be right that Israel would win a one-on-one conventional war with Iran. It is somewhat less clear that it would win a conventional war against Iran and several neighbors. Israel might be prompted to escalate the conflict by using nuclear weapons. And if that happened, all hell would break loose in the region and globally, with results that no one can really predict.

Of course, as Chris points out, Israel is supported militarily by the United States, and that is a powerful deterrent to attack on Israel from its neighbors. But we are witnessing a dynamic period of global realignment and trend toward multipolarity. US action against yet another major oil producing country in the Middle East might very well spark a broader regional conflict, and even a world war. The other large oil consumers in the world cannot afford to stand by forever and watch the US wrest away strategic control of fossil fuel reserves in the region.

I think one should also say that, from the point of view of Israeli long-term planning, the continued unconditional backing of the United States is not at all politically secure. There are lots of Americans (like me) who are convinced that Israel is bent on an expansionist policy of continued settlement and conflict. If it were up to people like me, Israel would be on their own until they withdrew their settlements from the West Bank, ended the occupation, and ceased their gradual annexation of Jerusalem/al-Quds. (On the other hand, if they did wdo those things, then I would accept a new security barrier in roughly the position of the Green Line, and would say that by all means we should have their back.) Israel knows that while people like me are not a majority in the US, their are enough of us to require them to account for us in their strategic calculations. Given the outcome of the Iraq War, it is entirely possible that Americans will grow increasingly weary of our involvement in the Middle East, and out fatal attachment to Israel and its seemingly unshakeable Zionist addiction to continued settlement and conquest.

I wouldn’t put Iran’s military potential in the same category of the 20th century Arab armies defeated by Israel. Iran is a very large, populous and increasingly wealthy country, with much of value to trade in the world markets in exchange for cash and weaponry, including the offer of strategic alliance in a vital region.

Of course, I do agree that with Israel’s nuclear weaponry and strong conventional forces, the chances of Israel being “pushed into the sea” by the Palestinians, or some combined conventional force of Palestinians and local Arab armies and militias, is laughable – and so Israel’s constant wails about “existential threats” from the lowly, weak and defeated Palestinians are disingenuous.

102

neil 01.08.06 at 7:05 pm

A whole 6 hours in advance according to http://en.wikipedia.org/wiki/Yom_Kippur_War and even then Dayan belived that war was not a certainty. So there was an element of suprise.

Surely pre-empting by six hours hardly counts as any major pre-emption along the lines that you are talking about. If Isaeal knew 6 hours in advance that Iran was going to launch a nuclear strike then no-one would be sitting around arguing the toss about pre-emption. It would be completely justified.

103

Man 01.08.06 at 7:11 pm

I’ll look into the facts of the ’73 War but my recollection (and I do remember it) is very different from yours. I think it was very nip and tuck until Nixon released more weaponry to Israel.

Chris, don’t you see a difference between foregoing pre-emption and actually being surprised?

104

Man 01.08.06 at 7:23 pm

Anyway, what does the element of surpise have to do with it? There is no guarantee that Israel might not be lead by incompetent generals at sometime and that Israel could once again be surprised.

The issue is whether — for whatever reason — it is credible to believe that Israel is militarily invincible. I don’t think it is and I certainly hope that Israel’s military have the same humility.

105

Brendan 01.08.06 at 7:36 pm

I dont think Israel is militarily invincible in terms of conventional forces. I do think that Israel has up to 200 nuclear warheads, putting her light years ahead of any conceivable arabic military power. I also know that she is backed up by the US, the greatest military power the world has ever seen (7000 warheads). I also know she has never lost a battle against the Arabs. What more do you want to know?

The point of dan kervick (that if, somehow, Iran managed to get hold of an equivalent number of nuclear missiles then she could take out Israel in a pre-emptive strike) is true, but that’s why:

a: neither Israel nor the US will ever tolerate Iran having such a number of nuclear weapons (or one, for that matter) and

b: even if she somehow did, Israel would undeniably and unarguably engage in a nuclear first strike and erase Iran (and probably most of the rest of the Arabic states) off the face of the earth.

106

Man 01.08.06 at 7:50 pm

“… unarguably engage in a nuclear first strike and erase Iran (and probably most of the rest of the Arabic states) off the face of the earth.”

Uh, Brendan…don’t you think that that might have some adverse environmental consequences for Israel itself? The middle east is simply not that big. (The real problem with nuclear weapons for Israel is that it only gets to use them once. And that had better be in extremis.)

Overall your suggestion that Israel would engage in a nuclear first-strike seems a bit extreme. But then again, nothing surprises me anymore when it comes to discussion of Israel.

107

Sebastian Holsclaw 01.08.06 at 8:27 pm

Hezbollah’s strength and success owes far more to Israel’s actions since 1982 than it does to Iranian support. People don’t like it when their country is occupied and invaded by foreigners. I’d have thought even you would have realized that Sebastian.

A) You are wrong.
B) Even if you were right you missed the point.

Hezbollah does not have the industrial production or economic prodoction capability to make or buy the arms that it uses against Israel. It wouldn’t be nearly as strong if it weren’t being funded with vast amounts of money and arms from places like (and especially) Iran.

Furthermore, however strong Hezbollah would be without Iran’s intervention, unless you ridiculously claim that Iran’s contribution is de minimis the fact that they do help Hezbollah shows that their hatred of Israel is not just found in rhetoric (as you seem to rely on for your argument) but that it extends to the actual killing of people (civilians) inside Israel.

When Eve Garrard and I agree, doesn’t that even give you the slightest pause? Doesn’t it make you want to at least try to engage the argument rather than merely being snarky?

:)

108

Jacob T. Levy 01.08.06 at 8:28 pm

“Jacob Levy’s contribution seems to point to the following: an attack is deemed just by the preemptive doctrine if the target is rightly perceived to be a threat (not an imminent threat, simply a threat), and if by virtue of such an attack one is able to remove the threat.”

Just to be clear:

1) I think there’s a traditional use of pre-emptive that requires imminence, and that this is usefully distinguished from the Bush Doctrine of preventive attacks in which the threat is not imminent. (The administration has tried to blur this distinction in order to gain cover under the traditional pre-emption doctrine.)

2) Those conditions are necessary but not necessarily sufficient;

3) and I’m not endorsing the prevention doctrine.

I was just tryng to establish that efficacy is one of the necessary conditions for preventive or preemptive strikes– indeed as it is in much of just war theory. Killing in a just cause that does nothing to actually promote that cause is simply killing. Yes, that seems to give more powerful states somewhat wider moral latitude than less powerful states– a problem that’s been widely discussed in the just war literature, and a problem that I’m persuaded is less bad than the problems of just war doctrine freed from the constraint of efficacy.

109

J Thomas 01.08.06 at 9:04 pm

Governments often ignore ideas about international law, and come up with whatever justifications seem plausible for whatever they choose to do. Just like individual people.

The difference is, nations have legal systems and law enforcement to enforce a standard of behavior for individual people (provided the individuals aren’t too important, and aren’t beneath notice). We have a body of international law but we don’t have a lot of enforcement on nations.

So for example, Saddam believed that kuwait was side-drilling to steal iraqi oil and sell it at low prices — which reduced the price for oil that iraq sold too. I’ve heard no one seriously dispute that this happened. Saddam asked them to quit, and they didn’t. In theory he might have taken them to the World Court and gotten a judgement. If the World Court said kuwait owed iraq $X andk had to stop, what would happen if the Emir simply laughed and ignored it? Probably nothing. If Saddam wanted to stop it, he pretty much had to adjust the border. On the other hand, when iraq invaded kuwait there was a lot of confused arguing before the world agreed that we had to invade kuwait to take it back from Saddam, and we wouldn’t accept a negotiated settlement.

Without an enforcement system, international law is mostly useless. We might as well set up a system of international arbitration — find somebody all involved sides are willing to accept a judgement from, and then have worldwide public ridicule for whoever didn’t accept the judgement.

However, the participants in this thread of this blog can figure out how much of a consensus we can get among ourselves about justification for war etc. That’s something.

Are we agreed that nuclear attack is justified as a response to a nuclear attack by somebody else?

Are we agreed that the only other valid use for nuclear attack is to prevent an imminent nuclear attack by someone else?

Some people would say that it’s fine to nuke nations that don’t have nukes themselves, that since we’re the most powerful nation in the world it’s OK for us to do whatever we want to. Apart from those….

So for example israel needs nukes because if they didn’t have nukes some arab nation might get nukes and use them. But of course that isn’t why israel got nukes. They revealed their nukes during the 1973 war, when they were losing. It’s pretty much universally agreed that they threatened egypt with nukes — the story is usually that they threatened to bomb the Aswan dam, releasing a giant wave of radioactive water all down the nile — and when the russians started to supply the egyptians with something that might have been nukes we threatened the russians with MAD madness unless they backed down, and they did. We cared enough about the israelis to kill the russians and ourselves for them, and the russians didn’t care that much for the egyptians. This story is not official but it’s widely believed. A dozen people who were in the US military at the time have told me that we announced a DEFCON 3 to the public but that it was really a DEFCON 1. That seems to me to validate part of the story.

So israel (and presumably others) don’t in practice use nukes just to deter nuclear attack. They also use them to prevent defeat in a conventional war. We publicly discussed using them when we were losing in korea, and we publicly discussed using them when we were losing in vietnam. (We discussed putting enough nuclear waste in the DMZ that anybody who crossed it would die of radiation poisoning, etc.)

It seems to me that the USA could reduce the spread of nuclear weapons by promising each nation that if they get nuked we’ll avenge them. Any nation that believes our promise doesn’t need nukes to deter nuclear attack. They only need nukes to smuggle into other countries so we won’t know who did it, and nukes to prevent defeat in conventional war.

It wouldn’t work in the middle east. Everybody would think that if israel nuked another country we’d support israel. But it could work elsewhere. It did used to work elsewhere. We had a “nuclear umbrella” and the countries who sheltered under it didn’t need nukes.

I think we should make israel that offer, and require that they dismantle their own nukes and allow thorough inspections. Then if iran or pakistan or whoever nukes them by some overt method like a missile or cruise missile or whatever, we can nuke the countries that did it. So they won’t do it. It’s a lot cheaper for us to do that ourselves than give israel the money and the secrets to do it. They’re better off to start cleaning up their contaminated sites than keep contaminating them worse, too.

110

Man 01.08.06 at 9:12 pm

“I think we should make israel that offer, and require that they dismantle their own nukes and allow thorough inspections. Then if iran or pakistan or whoever nukes them by some overt method like a missile or cruise missile or whatever, we can nuke the countries that did it.”

Uh…So Israel dismantles but Iran and Pakistan don’t? And you expect Israel to agree? J. Thomas, don’t you think that the Israelis might consider vengeance after they are dead from a nuclear attack to be an insufficient incentive?

111

alexc 01.08.06 at 9:50 pm

One thing that I find puzzling in these ‘who is going to start the Iran war and when and how’ conversations is the lack of any day after planning.

Many would have me believe that Israel would be justified in attacking Irans nuclear sites, and that when this happens other westerners should all be glad of the favour. Just like Osirik.

I appreciate the threat Iran poses to Israel. I understand Israel’s deep misgivings regarding Iranian nukes.I retrospectively support the Osirik raid, and yet I cannot but think that this would be a terrible idea.

It seems that an attack on Iran’s Nuke sites would have a significant (5%? 10%? 20%?) chance of failure. That is, the attacks would fail to stop Iran developing nukes in the medium term. Also we could kiss goodbye to any hope of popular pro-western reform in Iran as the population rallied around the flag. Also and most significantly what would Irans immediate response be to an Israeli attack?

I always find myself, in horror, reflecting on the fact that Iran knows where Israel’s nuclear research labs and reactors are. Are these not in range of an Iranian missile barrage? Why would Iran not retaliate with conventional weapons against Israel’s nuclear reactor(s)?

And this is without considering the shiite Iraqi response, or the ramifications for Iraq in general.

I comfort myself by saying that neither Iranians nor Israelis are as crazy as they make out. But I’ve been proven a fool before.

112

Yuri Guri 01.08.06 at 10:05 pm

106 – Overall your suggestion that Israel would engage in a nuclear first-strike seems a bit extreme.

Really? Well, I seem to remember an episode not too long ago, when an official from the IDF spokesperson’s office fielded a question at a press conference on the issue of nuclear exchange with the normal pablum of “Israel will not be the first country to introduce nuclear weapons to the middle east conflict …” and then quietly remarked away from the microphone, “… nor will it be the second.” I wouldn’t read too much into that, personally, but I would also be careful about making statements regarding restraint on behalf of someone else.

113

otto 01.08.06 at 10:08 pm

Re. Iraq, how would Al-Sistani, born in Mashhad, student and scholar at Qom, react to an attack on Iran, whether US-led or US-enabled? Our whole position in Iraq depends on him.

And are journalists asking Iraqi politicians their views on this possibility?

114

Jack 01.08.06 at 10:15 pm

There is no force capable of preventing the USA behaving in a non-universalisable manner in the short run but does that mean that there is no reason for the US to take universalisability into account?

Iran has three close neighbours and at least one enemy armed with nuclear weapons. It was invaded less than 30 years ago. Role playing Iran’s position, how could they not want the same?

How many correspondents does your main newspaper have in Tehran? How many column inches do they get? Where are most Iran related stories filed from? Did it provide full conext for the Ahmedinijad quotes? (one stringer, not many, Brussels and no for me).

How long will it be possible to restrict access to a 1940s technology to governments we like?

There is a similarity between Israeli strikes against Saddam’s nuclear facilities and the ticking time bomb scenario. Just because it is conceivable that an action could conceivably be justified doesn’t mean it should be legal.

115

Luc 01.08.06 at 11:03 pm

The reference of Sebastian Holsclaw to Hezbollah is puzzling. For one, it is hardly a proxy war. There was and is a real conflict between Libanon/Hezbollah and Israel. That Iran sides with Hezbollah is to be expected given their common religious ideology.

And for choosing lousy allies, Israel has a rather poorer track record in Libanon.

From the Kahane report:

In 1982, soldiers of both Major Haddad [SLA] and the Phalangists wore uniforms provided by Israel – and similar to those worn by the I.D.F.

But “Just Strike” is a nice euphemism. Funny that the first line in the linked Wiki entry refers to doublespeak.

116

Man 01.08.06 at 11:25 pm

Yuri Guri,
You say “I wouldn’t read too much into that, personally..” and yet you use your “anecdote” as some sort of evidence to suggest that…to suggest what exactly? What precisely do you think the spokesman meant ? assuming that your petite anecdote is even true? On the face of it it means that Israel wouldn’t use nukes even in response. So what’s your point, friend?

117

Bro. Bartleby 01.08.06 at 11:46 pm

Hamid Reza Asefi, the foreign ministry spokesman, told a weekly news conference on Sunday that his country was ready to resume research on Monday.

“We will remove the seals and we have announced that we are ready to start research from tomorrow,” Asefi said.
————

As McDuff said, “International law is a flimsy, shoddy little thing with no real enforcement prospects.”

118

Sebastian Holsclaw 01.09.06 at 12:08 am

“That Iran sides with Hezbollah is to be expected given their common religious ideology.”

Don’t mince words. Iran supplies a vast amount of arms and money to a terrorist organization with the express purpose of killing Israelis (even though they have long since left Lebanon). They do so because they share a common religious ideology which includes the hatred of Jews. (Please note that I don’t say all Muslims hate Jews).

That is why some people just might take Iranian leaders seriously when decade after decade they say that the destruction of Israel is their goal.

And when leader in Iran also say that it might be worth it to give up one or two of their own cities in order to destroy all of Israel, you have to worry that they mean it.

Iran wants to destroy Israel. They currently engage in massive ongoing funding of terrorism against Israel which they have done for almost my entire lifetime. Israel does not want to destroy Iran. It does not fund terrorism against Iran.

If you have a moral or legal framework which doesn’t even try to deal with those facts, your framework sucks.

119

Walt Pohl 01.09.06 at 12:26 am

Sebastian, do you actually know anything at all about Hezbollah?

120

Walt Pohl 01.09.06 at 1:36 am

As usual, this thread has descended into gibberish, and Sebastian is leading the way.

Chris’ analogy is not between a Israeli surgical strike against Iran’s nuclear capability and a war of genocide by Iran. Such an analogy is obviously absurd. Chris’ analogy is between an Israeli surgical strike against Iran’s nuclear capability and an Iranian surgical strike to destroy Israeli’s capability to launch an attack on Iran.

Sebastian, I honestly don’t understand what motivates you. You seem like a smart guy who’s familiar with a lot of information. You would be in a perfect position to make an actual argument, one that would convince someone who doesn’t already agree with you. But rather than do that, you’d rather strike a heroic pose of standing up to those dastardly leftists. What’s the point?

121

Chris Bertram 01.09.06 at 2:43 am

Thank you, Walt.

I’m still waiting for Eve and/or Sebastian to come up with some general principle under which an Israeli attack would be permissible and an Iranian one wouldn’t. As I read them, though, they seem to think that some principle like the NSS one is available for use by countries they like, but not by countries they don’t. Either that, or they endorse some version of Hobbesianism for this case.

122

abb1 01.09.06 at 3:18 am

He’s just fallen into this fallacy where most of the opposition to Israel is motivated by anti-Semitism, just like most of the opposition to the US is motivated by hatred for freedom or envy or something. Once you’re there – you’re there for good; the opponent’s perception has no merits by definition, there’s no rational argument any more. Fundamentalism of a sort.

123

Man 01.09.06 at 3:43 am

Chris,
By your terms there is never any legitimate anticipatory self-defense. No? One has to be oh-so-perfect and get the timing just right in order to be accepted by your high moralism.

in Israel’s case one really has to await until the Iranian missles are in the air before one can strike? Is that accurate? When in your mind is Israel allowed to act? And Iran for that matter?

But there is such an obvious difference in the intent of the parties which provides a clear dividing line i.e. an Israeli attack would NOT be designed to destroy Iran but only its nuclear capability. (I would change my entire stance should the Israeli strike be at Iran’s existence.) But Iran’s purpose is to destroy Israel completely.I am surprised that you can’t see this simple disticntion — the PURPOSE and INTENT of the attack.

124

Sebastian Holsclaw 01.09.06 at 3:51 am

“I’m still waiting for Eve and/or Sebastian to come up with some general principle under which an Israeli attack would be permissible and an Iranian one wouldn’t.”

Israel can try to stop the development of the weapons that would be used to commit genocide against them. Iran doesn’t have that problem vis-a-vis Israel so they wouldn’t be justified in attacking Israel.

That a general enough principle for you?

That has been restated for you about 6 times by at least 4 different people from across a very broad spectrum of political understandings. You have not even once descended from the high reaches of snark enough to engage any of us. Do we really have to break things down into yes and no questions in order to have a discussion with you?

Let’s presume that pohl’s formulation is similar to yours since I’m clearly not getting your point on my own.

“Chris’ analogy is between an Israeli surgical strike against Iran’s nuclear capability and an Iranian surgical strike to destroy Israeli’s capability to launch an attack on Iran.”

What is the purpose of the (hopefully) hypothetical strikes?

Israel is worried that if Iran gains a nuclear capacity, it will use it to commit genocide against Israel. It is worried about that for a number of reasons.

A) Anti-Jewish sentiment is rampant in Iran and is whipped up often by the government. This has been true for more than two decades, and taps in to an anti-Jewish strain of modern Islam which has been popular in the Middle East since before the establishment of the state of Israel.

B) There have been multiple high-level Iranian officials who have said that a nuclear capability would/should be used for the purpose of destroying Israel.

B1) The current president has been spouting off strongly anti-Jewish remarks for weeks now, right in the middle of the discussions with Europe about the future of the nuclear program in Iran. What a funny coincidence.

C) Iran currently supports and has supported for decades a terrorist group with a political arm which says “The conflict with Israel is viewed as a central concern. This is not only limited to the IDF presence in Lebanon. Rather, the complete destruction of the State of Israel and the establishment of Islamic rule over Jerusalem is an expressed goal.” This can be seen as an indication that Iran isn’t kidding when they say that they want to destroy Israel.

D) Israel is not interested in the destruction of Iran.

E) Israel does not fund a terrorist group dedicated to the destruction of Iran.

Would you like to dispute any of these facts?

F) It is much easier to destroy a country’s ability to create nuclear weapons than it is to defend against nuclear weapons once created.

Do you agree with that?

G) About 4 million Israel’s 6 million people live in the three cities of Tel Aviv, Haifa, and Be’ersheba. That is only three targets for 2/3 of the entire population of the country. And lucky for Iran, they could kill or seriously injure 2/3 of the entire population without threatening Jerusalem.

H) Recalling C) it becomes apparent that “spouting off” about destroying Israel might be more than just “spouting off”.

An Israeli strike would be to forestall the nuclear capability of a country that is currently attacking them, and which has expressly threatened to use that capability to commit genocide.

An Iranian strike would not be to avoid genocide committed against Iran or avoid the development of the capability of commiting genocide against Iran, but rather would be to protect their ability to develop weapons which their leaders have expressly commented would be appropriate for destroying Israel.

You contend that “just war” doctrine, pre-emptive strike understandings, and preventative war concepts cannot distinguish between the two situations. I believe that is only because you are drawing them so narrowly as to be ridiculous. But nevertheless, even if it is true that international law cannot distinguish between the two scenarios (which I do not grant you at all) that merely proves that the law as you understand it is ridiculous.

If your point is that international law on the subject is ridiculous, consider it made. I somehow didn’t think that was the point you were making, but both Eve and I are clearly too stupid to understand you so perhaps you could dumb it down for us a bit.

125

Sebastian Holsclaw 01.09.06 at 3:53 am

“He’s just fallen into this fallacy where most of the opposition to Israel is motivated by anti-Semitism”

You’ve fallen into the fallacy that Iranian anti-Semitism is impossible at motivating them.

126

Eve Garrard 01.09.06 at 3:56 am

Chris, your argument depends on a symmetry between the two political agents, and Sebastian has shown why that symmetry doesn’t obtain between Israel and Iran. I’m not sure that anything more general is actually necessary, but if it is, here’s one general objection to your view:

You claim that:

1) If A presents a threat (but not an imminent one)to B, AND if B is thereby justified in pre-emptively attacking A,
THEN
2) A will also be justified in attacking B,
AND
3) this shows that we should dump the claim that pre-emptive strikes are justified.

But the same logic applies here:

1*) If A presents an imminent threat to B, AND if B thereby has a self-defence justification for attacking A,
THEN
2*) A has a self-defence justification for attacking B
AND
3*) this shows that we should dump the claim that
self-defence attacks are justified.

I presume none of us are willing to abandon the right of self-defence.

127

Chris Bertram 01.09.06 at 4:08 am

Eve,

I take it that both people and nations generally have an immunity from agression, an immunity that they can lose if the engage in aggression against others, or if they are obviously on the very brink of such aggression (they are surrounding your house, weapons in hand, with obvious intent, etc.).

In such a circumstance your willingness to defend yourself does not cause the loss of your own immunity or reduce the wrong they do.

In the case at hand, you wish to argue that immunity from attack can be lost merely when someone has acquired the means for attack and is of a generally hostile disposition. But that condition is so readily satisfied, especially when the putative victim is taken to be authoritative about the matter, that it would lead to a massive increase in permissible military action. That’s the problem rather than anything _specific_ about the Israel/Iran case.

128

Lurker 01.09.06 at 4:17 am

A hundred and twenty two comments on something so simple and childish. Judeo-Christian violence: Preferred. Islamo-Asian violence: Not preferred.

Note that it is violence. Both aggression and defence. Note that it is preferred. Not right/wrong.

I find it difficult to understand why so many adult and intelligent people struggle so much to come to terms with that.

Israel, a Jewish state is more equal in the eyes of the Occident than Iran, an Islamic state. Full Stop. Nothing less. Not a single thing more.

Get over it already.

129

Man 01.09.06 at 4:17 am

Chris,
I am puzzled that you persist in ignoring distictions of INTENT, which are fundamental in life generally and in criminal law particularly. You appear to me to be making the problem more difficult than it is. Your last comment is just so confusing — perhaps yout are trying to abstract the issue too much?

130

Dan Simon 01.09.06 at 4:25 am

I’m still waiting for Eve and/or Sebastian to come up with some general principle under which an Israeli attack would be permissible and an Iranian one wouldn’t.

Well, it’s easy to construct such general principles. Here’s one: democracies, being generally loath to make war needlessly, are entitled to judge the necessity of pre-emptive war against non-democracies, but not vice versa.

131

Eve Garrard 01.09.06 at 4:37 am

Chris, the argument you present in comment 127 is really quite different from the attempted reductio in your original post. There are also various problems with this claim, one being that what counts as being on the very brink of aggression is going to depend partly on the nature of the technology. Another is a problem which Sebastian and others have already emphasised, namely that Israel has good reason to take genocidal threats against it seriously, a reason you belittle when you talk so comfortably and dismissively of ‘wild words’ and a ‘generally hostile disposition’.

132

Chris Bertram 01.09.06 at 4:40 am

Well, it’s easy to construct such general principles.

Indeed it is, but we’re looking for plausible ones Dan.

133

Dan Simon 01.09.06 at 4:49 am

Indeed it is, but we’re looking for plausible ones Dan.

Plausible to whom? I, for one, consider it perfectly plausible that democratic governments are morally more entitled than dictatorships to judge the appropriate reactions to external threats. Do you have a specific objection to this principle, or are you calling it “implausible” because you don’t have any actual arguments against it?

134

Chris Bertram 01.09.06 at 4:54 am

Chris, the argument you present in comment 127 is really quite different from the attempted reductio in your original post.

Not so. I take it that what the NSS doctrine does is to lower the threshold of permissibility for actions in self-defence and actions in self-defence override the immunity people (and states) normally have against attack. My point, consistently, has been to say that such a threshold lowering permits too much and indeed would permit not only an Israeli attack on Iran but also an Iranian attack on Israel. (It might even permit Pearl Harbor, which would be an odd doctrine for the United States to espouse).

Israel has good reason to take genocidal threats against it seriously, a reason you belittle when you talk so comfortably and dismissively of ‘wild words’ and a ‘generally hostile disposition’.

What can this point mean in this context (other than general name-calling)? We are discussing (I hope) principles governing legitimate acts of self-defence for states. Do you really want to say that Jewish history means that different principles should apply to Israel than those that apply to other states?

Incidentally, Eve, suppose an Israeli strike against Iran were imminent: do you grant Iran the right to defend itself in that case? Would Iran be justified in attacking, say, airfields inside Israel to stop the planes taking off? We know it doesn’t have this capacity, but suppose that it did?

135

Chris Bertram 01.09.06 at 5:00 am

Do you have a specific objection to this principle, or are you calling it “implausible” because you don’t have any actual arguments against it?

I’m calling it implausible because we need principles that are acceptable not only to democratic states (and who gets to decide who counts as democratic here?) but also to non-democratic ones. Take the United States and China: could China accept that it be held to different standards in its external relations than the United States? There’s also the small matter that no state is “democratic” in its exercise of power against outsiders.

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abb1 01.09.06 at 5:07 am

You’ve fallen into the fallacy that Iranian anti-Semitism is impossible at motivating them.

There’s no such thing as ‘Iranian anti-Semitism’ in the sense you’re using it here. Jews live in Iran and they have a seat in the parliament allocated specifically for them as a minority.

Moreover, I don’t think anti-Semitism can serve as a motivation to attack Israel; normally anti-Semitism motivates people to expel Jews from their societies, anti-Semites love political Zionism, they like Israel. And their fundamental assumption is the same as that of a significant part of the Zionist movement – that ethnic Jews are somehow different from other people.

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Luc 01.09.06 at 5:13 am

The logic in #126 doesn’t fit entirely.

The difference between a threat and an imminent threat is what makes the * argument fail.

If you assume an imminent threat as one being no longer dependend on the actions of the opponent, then it cannot be justified by possible actions of that opponent after the imminent threat.

Thus when A poses an imminent threat to B it cannot refer to possible actions of B after that threat as justification for it original threat.

If you remove time from this argument it collapses, but then the difference between ordinary and imminent threats is dependend on time.

138

Man 01.09.06 at 5:13 am

Chris — Intent.

It’s spelled I-N-T-E-N-T and it is a useful principle. Courts use to distinguish, for example “murder” from “accident.” Intent is the key principle.

I think that you might find it useful here, too, as a way of distinguishing, as examples, Israel attacking Iran from Iran attacking Israel.

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a 01.09.06 at 5:21 am

“I’m calling it implausible because we need principles that are acceptable not only to democratic states (and who gets to decide who counts as democratic here?) but also to non-democratic ones. Take the United States and China: could China accept that it be held to different standards in its external relations than the United States?”

If you’re setting down as an axiom that China or Iran must agree to the principle, then of course your conclusion that Iran may do anything that it sees as comparable to Israel doing follows trivially. But is that what the argument is about?

140

Chris Bertram 01.09.06 at 5:23 am

Intent. Relevance please? I’m quite willing to concede that Israel’s motive in attacking Iran would be one of self-defence. But the question here is whether such an action would meet the tests of necessity and imminence required for actions in self-defence. If it didn’t then what we would have would be an act of illegal aggression against Iran. An intention by Israel to undertake an act of illegal aggression against Iran would, once that aggression was imminent, permit pre-emption by Iran. Under the doctrine contained in NSS, it would permit pre-emption earlier than that, and possibly even now. We ought therefore to reject that doctrine.

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Sebastian Holsclaw 01.09.06 at 5:26 am

In the case at hand, you wish to argue that immunity from attack can be lost merely when someone has acquired the means for attack and is of a generally hostile disposition. But that condition is so readily satisfied, especially when the putative victim is taken to be authoritative about the matter, that it would lead to a massive increase in permissible military action. That’s the problem rather than anything specific about the Israel/Iran case.

AND

We are discussing (I hope) principles governing legitimate acts of self-defence for states. Do you really want to say that Jewish history means that different principles should apply to Israel than those that apply to other states?

Arghh. This is so frustrating because I (and a number of other people) have repeatedly dealt with this issue, and in fact before you even so explicitly raised it.

Iran does NOT have a “generally hostile disposition” with respect to Israel. Iran has massively supported a terrorist organization which publically and expressly is dedicated to the total destruction of Israel. Iranian ministers have REPEATEDLY threatened to destroy Israel if they ever get a chance and EXPLICITLY said they they nuclear weapons would offer such a chance even if it meant that some Iranian cities might get destroyed in retaliation.

If you want to offer concrete reasons why we should ignore all that and more, please do so. But merely pretending that Iran has some mildly unpleasant dislike for Israel is not engaging the argument at all. The “generally hostile disposition” has been addressed, please quit pretending that we have somehow overlooked it.

And it isn’t something special about “Jewish” history that we need to appeal to. We can look at, multiple times in the past 50 years, attempts by its neighbors to completely wipe it off the map. We can look at, right this very moment, Iranian support–in the form of arms and money–for a terrorist organization which is not just dedicated to ridding Israel of some disfavored regime, but of destroying the nation entirely and scattering the Jews which are found in it.

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Chris Bertram 01.09.06 at 5:30 am

If you’re setting down as an axiom that China or Iran must agree to the principle …

Look, we need, as a matter of practical necessity, some normative principles to govern relations among states. Those states will vary widely in their internal constitutions. A principle that states with a particular character be given a special right to judge in their own cause is just not a runner.

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Dan Simon 01.09.06 at 5:35 am

I’m calling it implausible because we need principles that are acceptable not only to democratic states (and who gets to decide who counts as democratic here?) but also to non-democratic ones. Take the United States and China: could China accept that it be held to different standards in its external relations than the United States?

Chris, the Chinese government, like most non-democratic governments, does not “accept” any “standards in its external relations” apart from its own leaders’ cynically calculated interests. It certainly wouldn’t accept my privileging of democracies over dictatorships–but then, neither would it accept any principle that you’d come up with (even if it might on any given day find it expedient to pretend to do so, for show). Nor, for that matter, is it bound by common sense or intellectual honesty (at least as a matter of public positioning) regarding the questions of which countries are democratic, what pre-emptive attacks are just, or even what color the sky is.

Likewise, the government of Iran–to return to your original example–not only wouldn’t “accept that it be held to different standards in its external relations than the United States”; it wouldn’t accept that it not be governed solely by its own vision of Islamic law (perhaps occasionally tempered by self-interest and practical limits on its own power to act). Any “general principle” that you articulate would either treat an Iranian nuclear attack on Israel as justified a priori, or the Iranian government wouldn’t “accept” it.

So if “the Iranians would never accept it” is a legitimate excuse for rejecting general moral principles for international conduct, I’m afraid you can just pack it in right now and stop looking for them–you’ll never, ever find one. But if you’re willing to give up the Iranian veto, I believe you’ll find that the principle that democratic countries are morally entitled to more freedom of action than non-democratic ones has a lot to offer.

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Chris Bertram 01.09.06 at 5:39 am

What to say Sebastian? (I agree with you about the frustration?) Your view appears to be that Israel should have a right to attack when and where it sees fit, moreover a right that is practically unqualified because Israel alone should be the judge of the reasonability of its actions. For reasons well set out by Hobbes, the neighbors of such a state (which we can call Sebastian-Holoclaw-Israel or SCI to distinguish it from the actual thing) would have every right to engage in hostile action against it. That’s the logic of anticipation.

Thank goodness Israel isn’t SCI and that its leaders haven’t resembled you.

145

Man 01.09.06 at 5:41 am

Chris,
Intent of Israel in attacking Iran = destruction of nuclear facilities.
Intent of Iran in attacking Israel = destroy Israel.
Get it?

146

Chris Bertram 01.09.06 at 5:42 am

Dan Simon: both China and Iran are signatories to the UN Charter. Your view about what they do and do not accept is thus at variance with their public commitments. I favour holding them (and everyone else) to those commitments.

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Sebastian Holsclaw 01.09.06 at 5:45 am

Having taken a deep breath, I see that a big part of the problem is with the self-defense analogy.

Generally we permit just about the same level of self-defense response as is found in the threat. With individuals this can lead to the loss of one of the very few lives involved. If the theat is of death or serious damage, the defense allowed is causing death or serious damage.

That isn’t a good analogy to the question at hand. It is stacking the repeated threat of genocide against the destruction of some buildings which when destroyed may risk perhaps dozens of lives. A risk which could be completely avoided if Iran would quit playing rope-a-dope with European negotiating teams. Your understanding of the righteousness of attacks does nothing to address this.

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Chris Bertram 01.09.06 at 5:45 am

Chris,
Intent of Israel in attacking Iran = destruction of nuclear facilities.
Intent of Iran in attacking Israel = destroy Israel.
Get it?

See Walt Pohl’s comment #120 above.

149

abb1 01.09.06 at 5:46 am

…apart from its own leaders’ cynically calculated interests…

The famous quote goes: “Voice or no voice, the people can always be brought to the bidding of their leaders.” Well, I trust you know the rest.

150

Man 01.09.06 at 5:47 am

Walt’s comment ignores reality and I expect better from you, Chris.

151

Sebastian Holsclaw 01.09.06 at 5:49 am

“Dan Simon: both China and Iran are signatories to the UN Charter. Your view about what they do and do not accept is thus at variance with their public commitments. I favour holding them (and everyone else) to those commitments.”

I had a really snarky reply about French diplomats and glaring, but instead:

What does “holding them to those commitments” mean to you?

152

abb1 01.09.06 at 5:56 am

What does “holding them to those commitments” mean to you?

Ironically, at this particular moment in history every country in the world except the US and a couple of its favorite clients has a vital interest in adhering to the said commitments.

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Sebastian Holsclaw 01.09.06 at 5:57 am

What precisely are you endorsing in Pohl’s comment?

The idea that we ought to be incapable of morally or leagally distinguising between a strike on the nuclear capabilities of Iran (which has threatened Israel with nuclear genocide) and a strike on the Israeli forces (which have not threatened Iran with nuclear genocide) which would make that strike?

Why should we be incapable of distinguishing between those two cases? Iran’s strike does nothing to prevent a non-threatened genocide. Israel’s strike does something to prevent an explicitly threatened genocide.

The Iranians could have made things more difficult for my argument by keeping their genocidal threats low-key, but they didn’t.

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abb1 01.09.06 at 5:58 am

Well – arguably except the US and a couple of its favorite clients.

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Chris Bertram 01.09.06 at 5:59 am

What does “holding them to those commitments” mean to you?

What it actually means is that a violation of those principles puts them at risk of punishment. At Nuremburg the Nazis were charged with planning, initiating and waging wars of aggression. Aggression is covered by the UN Charter. Someone subject to such a charge might plead self-defence and in doing so they would need to meet the tests of necessity, imminence and proportionality all of which have fairly settled interpretations which were reaffirmed at Nuremburg (the Caroline Doctrine for example). You guys want to throw all that out the window.

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abb1 01.09.06 at 6:10 am

This whole ‘to prevent genocide’ argument is utterly ridiculous. By this standard US leaders’ silly utterings like Reagan’s “I have outlawed the Soviet Union, we will start bombing in 5 minutes”, his “evil empire”, Bush’s “crusade”, his “axis of evil” and so on fully justify attack on the US. This is madness.

157

Chris Williams 01.09.06 at 6:56 am

What is this fixation with Westphalia? Anyone who thinks that states even pretended to respect each others’ borders in peacetime between 1648 and 1990 hasn’t heard of (say) the Bulgarian Massacres, Don Pacifico, Jenkins’ Ear, the Protectorate of the Christians in the Ottoman Empire, the Vietnamese invasion of Cambodia, etc etc.

Where did this pernicious meme start?

158

jaded 01.09.06 at 6:59 am

Absolutely. The strong must destroy the weak. Otherwise the weak become stonger and if they then attack the strong we face an awful war. And nobody wants that.

My point was that the choice is likely between destroying Iran’s nuclear weapons or a nuclear war resulting from Iran attacking Israel. Of course, sarcasm is so much more satisfying than attempting to look at logic, or facts, or any sort of reality. No, just be sarcastic. Moron.

159

Brendan 01.09.06 at 7:01 am

At the risk of committing blasphemy, might I suggest that looking for ‘intent’ in areas of international politics is a red herring? I understand the analogy with persons, and the difference between an accident (or manslaughter) and murder.

But it is not at all clear to me that states have similar or even vaguely analogous psychological states to those which human beings have. States are run by (outwith Stalinist dictatorships) various people, governments, judges, the people themselves and so forth, who all have their own intentions, thoughts and beliefs.

So I don’t think it is at all clear that to say that Israel ‘intends’ only to destroy nuclear facilities whereas ‘Iran’ has the ‘intent’ to destroy Israel even means anything. What? All Iranians have this intention? At all times? Iran is not a dictatorship you know. It is a ‘quasi-democracy’, with a democratic and theocratic framework existing simultaneously. It has politicians, from different political parties, who have their own feelings intentions and beliefs.

So if that point is ignored then we come back to the question of not who ‘intends’ what, but who does what.

In other words, I am arguing here that if Israel attacked Iran, it should be viewed in precisely the same way as if Iran attacked Israel.

(I also think the idea of creating a ‘two tier’ system, one for democracies and the other for non-democracies is also a non-starter for reasons I’ve stated on other posts).

160

otto 01.09.06 at 7:03 am

Chris
Who is going to punish either the US or Israel for violations of those principles? No one.

161

soru 01.09.06 at 7:05 am

Isn’t there a plausible reading of international law, based on the UN charter and the intent of those who set it up, that the permanent 5 members of the UN SC do have the right to make war on whomsoever they please?

After all, the UN existed pre-1948, in that was a sometimes-used name for the anti-Axis alliance. Uncle Joe had no intention of signing away the right to invade Finland, or indeed Roosevelt Cuba. Hence the big 5 SC veto.

Certainly the only wholy successful territory-grabbing invasion post-1945 was by a SC member, China. Do any countries maintain formal diplomatic links with a Tibetan government-in-exile? If not, then that invasion seems to have been accepted as de-facto legal.

This is further implied by the non-proliferation treaty, which distinguishes between the then-5 nuclear states and everyone else.

On this reading, neither Israel nor Iran are in that group of 5, so both attacks would be illegitimate. But it would be an example of an asymmetric principle in international law.

soru

162

Grandma Lausch 01.09.06 at 7:24 am

‘ …long-term and speculative (sic) threat Israel faces from Iran’?

If you are an Israeli, there is nothing ‘speculative’ about Iraninan president’s promise to destroy Israel. He and his demented mullahs may have some way to go but they are working – via Hezbollah, Hamas etc – around the clock.
I guess the mullahs’ threat to nuke Bristol would have focused even Mr Bertram’s mind.

163

Brendan 01.09.06 at 7:42 am

‘What is this fixation with Westphalia? Anyone who thinks that states even pretended to respect each others’ borders in peacetime between 1648 and 1990 hasn’t heard of (say) the Bulgarian Massacres, Don Pacifico, Jenkins’ Ear, the Protectorate of the Christians in the Ottoman Empire, the Vietnamese invasion of Cambodia, etc etc.

Where did this pernicious meme start?’

Yeah and what about the so-called ‘law’ against murder? Don’t these people realise that many simply millions of people have been murdered since this law was passed? Clearly we should get rid of it and pass a new law that takes into account the new moral landscape post 9/11.

164

abb1 01.09.06 at 7:56 am

I believe the NPT stipulates that the nuclear states should take steps to reduce and eventually abandon their nuclear arsenals – without any enforcement mechanism, of course.

The whole UN charter thing was, of course, an attempt to introduce some universal principles while, inevitably, reflecting the political reality.

It could’ve evolved in the direction of the universal principles or fallen back into reflecting the so-called ‘realism’. And now we can observe that the universal principles are no more.

165

Chris Bertram 01.09.06 at 9:04 am

I’m afraid that contributions like that from GL are just an attempt to cut off serious discussion rather than a contribution to it. A more sober assessment of Iranian intentions is to be found in this interview with Joseph Cirincione, director of the Nonproliferation Project at the Carnegie Endowment for International Peace.

http://tinyurl.com/cxcp2

166

Man 01.09.06 at 9:41 am

Chris,
You are getting off topic. Whether the Israelis or the Iranians will actually launch attacks is secondary — you are trying to find general principles, so reacting to what was really a mild remark and by no means shortcutting discussion as I read it is off-topic.
Btw, trying to stay on-topic, why do you ignore intent as a reasonable principle…and of course one can discern intent from both the stated words and the manifestation?It seems to me like a very good framework but you seem to not grasp it. (Pohl did not deal with “intention” at all.)

167

Z 01.09.06 at 9:46 am

Sebastian,
Suppose I take your rationale seriously, and suppose I try to follow it as closely as I can. In the 1980, the Soviet officials could have said:

A) That anti-soviet sentiment was rapant in the US.
B) That many high US officials had planned nuclear first-strike against the USSR.
B1) That the US president was regularly expressing statements following this line.
C) That the US had been training and financing a terrorist war against the USSR for almost a decade.
I assume you agree with those facts. I therefore also assume that you would have applauded a limited strike on the US nuclear facilities. Am I correct?

I also assume you recognise to states a right to self-defence. Thus, if Israel did strike nuclear plants in Iran, you would probably enthusiastically support iranian retaliations. Is this the logic you favour? If so, are you satsified with the likely consequences?

I would also like to remark that Chris’ discussion is not at all strictly theoretical.
From Al-Jazeera:
Iranian Defence Minister Ali Shamkhani has said on more than one occasion that Tehran will carry out a massive retaliation if Israel attacked Iran. In a recent interview with Aljazeera, Shamkhani warned that his country would not sit down idly awaiting an Israeli strike and would resort to a pre-emptive option against Israel and the US. “The concept of a pre-emptive strike is not an American exclusivity,” he said.
From AFP:”If Israel fires one missile at Bushehr atomic power plant, it should permanently forget about Dimona nuclear centre, where it produces and keeps its nuclear weapons, and Israel would be responsible for the terrifying consequence of this move,” General Mohammad Baqer Zolqadr was quoted as saying in the press.

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Jim_L 01.09.06 at 10:10 am

Walt Pohl: Chris’ analogy is between an Israeli surgical strike against Iran’s nuclear capability and an Iranian surgical strike to destroy Israeli’s capability to launch an attack on Iran.

Man: Walt’s comment ignores reality and I expect better from you, Chris.

Have I missed your reply to this, Chris? If Walt’s reading is right, then your post is little more than dancing on pinheads, clever but pretty much inapplicable to the current — ominous — situation.

169

Chris Williams 01.09.06 at 10:12 am

Brendan, I’m not taking a position here about whether or the ‘respect soveriegnty at all costs’ position is right. As it happens, I’m an internationalist and think it’s bollocks.

What I’m complaining about is that all sorts of people seem to take it as read that between 1648 and c.1990, this position was pre-eminent in international law and precedent, when it clearly wasn’t. I’m a historian, so this winds me up.

170

otto 01.09.06 at 10:15 am

Z

do you have a URL?

171

Chris Bertram 01.09.06 at 10:27 am

I think Z’s comment is responsive to that jim L.

Apropos Chris Williams’s latest:

I’m not taking a position here about whether or the ‘respect soveriegnty at all costs’ position is right. As it happens, I’m an internationalist and think it’s bollocks.

I’m inclined to agree since I think that the the UN Charter is incoherent in stating an absolutist position on sovereignty but also requiring respect for human rights. So I think states can lose their immunity from attack if they are serious human rights violators. Whether it is actually a good idea to attack them is another question, as the example of Iraq shows imho. The discussion here, though, is about when self-defence can be invoked to override immunity from attack.

172

Man 01.09.06 at 10:37 am

Chris writes:

“The discussion here, though, is about when self-defence can be invoked to override immunity from attack.”

And whether a country taking steps to defend itself against attack creates a casus belli by those very steps of self-defense. For example if Israeli attacks on an Iranian nuclear facility is a cassus belli, is the very suggestion in the Israeli press that there is national concern and that “something” should be done also a sufficient casus belli?

Chris, you’ll never get any principles without the overall intent of the parties. People live and die in Anglo-American law based on their “intent.” You have to look at the real situation between the two countries and their relative strategic positions and what they are trying to achieve. You simply cannot reduce these matters to a machine-shop calculation.

173

Lurker 01.09.06 at 10:49 am

ROFLMFAO!

This one was a fun read to begin the week! Really fun. I’ve been reading CT, and the contributors’ articles elsewhere, for well over 2 years now. Regularly. This one needs to go into the Hall of Fame. Really does.

There’s a detailed dissection of purpoted international law, linguistic and lexical debates on definitions as opposed to denotations, connotations being smuggled in to prop by one side of argument and surprise, surprise, this thread is about that handkerchief of a land in the middle of nowhere that is this world.

Insofar as Israel and Iran as concerned, just as friends and relatives in Texas saw the fireworks display from Bhagdad on live TV munching freedom fries and gulping carbonated poison, I foresee some of the respondents in this thread clapping and/or cursing in front of their television screens sipping inspid Chardonay and biting into their canapes. Nothing new. Life goes on.

There is no such thing as International Law. There are only national boundaries, however temporary. No such thing as cross-border terrorism. No such thing as universal rights. Within a geographic territory there is a set of customs and habits. That is all. Outside that, it is free for all.

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Brendan 01.09.06 at 10:51 am

‘What I’m complaining about is that all sorts of people seem to take it as read that between 1648 and c.1990, this position was pre-eminent in international law and precedent, when it clearly wasn’t. I’m a historian, so this winds me up.’

Hmmm…well you’re a historian and you would know better than me, but my understanding is that almost every European statesman after 1648 accepted the principle of Westphalian rules of conduct, even if, of course, many of them ignored or flouted it in practice. Even Hitler pretended he attacked Poland (and Russia) out of self-defence.

What seems to be different is that Bush seems to be arguing that in principle Westphalia should be renegotiated or ignored, in favour of the new and exciting rule that the US should be able to invade whoever the hell she wants.

175

Chris Bertram 01.09.06 at 10:56 am

Just to say, that after 174 comments, I’m more than done with this thread. Need to move on and think of other things ….

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Walt Pohl 01.09.06 at 11:10 am

Are you people incapable of participating in the argument on offer? Chris asked if under “preventative war doctrine” can Iran act militarily to prevent Israel from bombing their nuclear facilities. If your argument is to be taken seriously, then Iran isn’t even entitled to try to shoot down Israeli planes while they are bombing Iranian soil. Since Iran is “bad”, they must lie there supine and take it.

Chris offered a simple hypothetical. Why not discuss that hypothetical? If you think it’s a stupid hypothetical, well, then you’re welcome to surf on over to Blogspot and start your own blog. Maybe iranisevil.blogspot.com is still available.

177

abb1 01.09.06 at 11:25 am

I think that the the UN Charter is incoherent in stating an absolutist position on sovereignty but also requiring respect for human rights.

According to the UN charter, its main purpose is to maintain international peace and security, to suppress acts of aggression, etc. There is no stated goal there to enforce human rights, only to promote and encourage respect for human rights.

Thus, there is no contradiction; guarantying sovereignty for all states clearly is the overriding concern – as it should be where the goal is to maintain international peace and security.

178

Jim_L 01.09.06 at 11:26 am

My day job is in the academy, Walt, but I like to think that what I do there has some (beneficial) bearing on the world outside. If Chris’ comment were as trivial is you suggest, I doubt he would have baited us by applying it to the (very non-academic) Israel-Iran situation.

179

Jim S 01.09.06 at 11:32 am

abb1, I notice that when you’re quoting Ahmadinejad you leave out the one where he called Israel a disgraceful blot that should be wiped off of the map. How much do you support him, Hamas and Islamic Jihad? Somehow that doesn’t seem to jibe with believing in Israel’s right to exist. If you ignore the fact that the goal of each one is to completely destroy Israel how do you or any of the posters here who share your opinion expect to be taken seriously? It makes you seem like delusional Pollyanas who make the worst of what the hyperconservatives say about the other end of the political spectrum all too accurate. As do the people who deny with no clear basis for their opinion the ability of Iran to acquire nuclear weapons.

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pedro 01.09.06 at 11:41 am

Jim S.: either you can’t distinguish between a discussion about the particulars of the relationship between Iran and Israel and one centrally about the viability and legitimacy of the preventive (thanks for the terminological aside, Jacob) doctrine put forth by the Bush administration, or you consider the latter to be a trivial discussion. If so, please explain why.

181

Sebastian Holsclaw 01.09.06 at 11:50 am

It would have been nice to at least see mild evidence about why Chris so completely discounts all Iranian rhetoric and all Iranian actions. Anyone else want to explain it?

P.S. your link to the Joseph Cirincione interview does not talk about Iranian intentions vis-a-vis Israel. And it pretty much confirms Iranian intentions about getting nuclear weapons. What was that link supposed to do to further the discussion?

182

Man 01.09.06 at 12:07 pm

Sebastian,
I believe that Chris has conceded the ground.

183

abb1 01.09.06 at 12:21 pm

Well, Jim S, look at it this way: why wouldn’t Israel’s government reassert Israel’s right to exist by unequivocally rejecting expansionist delusions, ending the occupation, compensating and resettling the refugees and other victims and so on.

As soon as it’s done I’ll gladly agree with you that Ahmadinejad is a stooge and a moron. Until then, all you need to know is that Ahmadinejad’s sentiment resonates with a lot of people out there and some of them will be radicalized and might even kill someone, perhaps you or me. And, as far as I am concerned, Israel is to blame for that.

184

Dan Simon 01.09.06 at 12:23 pm

both China and Iran are signatories to the UN Charter. Your view about what they do and do not accept is thus at variance with their public commitments. I favour holding them (and everyone else) to those commitments.

This is a joke–right? Are you saying you seriously think that there’s someone, somewhere in either the government of China or that of Iran who has even once, for a second, given a thought to his or her country’s commitments under the UN Charter when making a substantive decision of any kind?

The UN continues to exist as a body precisely because it constrains non-democratic nations not in the slightest, while occasionally hobbling democratic ones whose populations have fallen under the spell of the UN’s high-sounding pronouncements. And that’s what you get when you start with the premise that we must establish international “general principles” that are “acceptable” to the most monstrously brutal and oppressive regimes on the face of the earth: an organization that only constrains decent, free, democratic states. If the UN constrained non-democratic ones in the slightest, then China and Iran (together with most of the world’s tyrannies) would withdraw in a flash.

(And no, the UN Security Council’s sanctioning of a handful of punitive actions in its history does not demonstrate its effectiveness. On the contrary–each one of those actions would have been taken anyway, and was hindered, not helped, by UN involvement. And while there are innumerable other cases in which the UN has contributed to obstructing meaningful action in defense of the principles outlined in its charter, there are none that I know of in which the UN has actually been helpful.)

185

abb1 01.09.06 at 12:44 pm

It just so happens that the most monstrously brutal and oppressive regime on the face of the earth that doesn’t bother other states is a much better member of the international community than the most gentle, free and democratic state that bombs, invades and occupies them. Is this really so difficult to understand? Womanizer Clinton is a much better president than born-again Bush? Hello?

186

fifi 01.09.06 at 12:57 pm

“I notice that when you’re quoting Ahmadinejad you leave out the one where he called Israel a disgraceful blot that should be wiped off of the map”

Indeed, why do you suppose Ahmadinejad is using the occasion of a possible strike against Iran’s nuclear facilities to make provocative statements about Israel? Which country do you think would benefit from such an attack?

187

Sebastian holsclaw 01.09.06 at 1:17 pm

“Until then, all you need to know is that Ahmadinejad’s sentiment resonates with a lot of people out there and some of them will be radicalized and might even kill someone, perhaps you or me. And, as far as I am concerned, Israel is to blame for that.”

Yes. Israel can’t be threatened by his statements because of course he doesn’t mean it AND his pro-genocide sentiment resonates with a lot of people who might become terrorists and kill you, for which you blame Israel.

And that’s logic.

188

abb1 01.09.06 at 1:37 pm

I don’t see how ‘wipe off the map’ is a ‘pro-genocide sentiment’. And of course he means it, he would like Israel to be wiped off the map, he views it as an illegitimate entity, he and a billion of other people.

So, what’s your point, exactly?

Just curious: is ‘Iran, Iraq and N.Korea is an axis of evil’ a pro-genocide sentiment?

C’mon, Sebastian.

189

Sebastian holsclaw 01.09.06 at 2:39 pm

“I don’t see how ‘wipe off the map’ is a ‘pro-genocide sentiment’.”

As an isolated statement it is pretty strong. It tends to invoke the destruction of a country rather than the desire to see the end of a regime. For example it is common to talk about the desire for the end of Castro’s regime, but it isn’t common to talk about sending Cuba into the sea.

When taken in context of repeated mentions that nuclear strikes to destroy Israel would be morally or religiously good, the statement becomes even more threatening.

When taken from a regime which does not see large differences between the religously good and the secularly mandated, it becomes even more threatening.

When taken in the context of a regime which actively funds a terrorist group dedicated to the destruction of Israel (not merely the removal of an Israeli regime) it becomes even more threatening.

Since Israel is small enough that hitting only three targets could kill or significantly endanger more than 2/3 of the population it becomes “pro-genocide sentiment”.

“Just curious: is ‘Iran, Iraq and N.Korea is an axis of evil’ a pro-genocide sentiment?”

Nope. It isn’t nearly as explicit as the above and the solutions proposed are not nearly as drastic as threatening to destroy 2/3 or more of the population in a nuclear strike. (Or if we are feeling generous just 1/3 of the population if Tel Aviv were targeted).

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MQ 01.09.06 at 2:42 pm

For all the pseudo-realists above who sneer at international law as an illusion: international law is an attempt at working out a way to keep the mutual peace between heavily armed neighbors with no real brake on their actions except the possibility of violent retaliation. If countries trust that there is some kind of framework of mutual agreement not to violate sovereignty, they are less likely to launch pre-emptive strikes on their neighbors. It is extremely pragmatic and realistic to try to work out such a way of keeping the peace, as the alternative is massive destruction. It’s about the most realistic and pragmatic thing one can do, certainly far more practical than throwing up your hands and lecturing everyone about the law of the jungle.

Now, it is probably not smart to rely completely on others willingness to obey international law to protect your safety. But that is quite different from saying international law does not exist or it is wise to ignore it.

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Raw Data 01.09.06 at 2:48 pm

“I don’t see how ‘wipe off the map’ is a ‘pro-genocide sentiment’. ”

Weird indeed.

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abb1 01.09.06 at 3:02 pm

Sebastian, I agree that the guy goes overboard with this, I’m just trying to provide some context. There were indigenous people living there – and they have been pretty much wiped off the map; and that is viewed as a sort of genocide by many. And it’s still going on.

And I would like to see the quote where he says that nuclear strikes to destroy Israel would be morally or religiously good. I haven’t seen it.

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Sebastian holsclaw 01.09.06 at 3:09 pm

“If countries trust that there is some kind of framework of mutual agreement not to violate sovereignty, they are less likely to launch pre-emptive strikes on their neighbors.”

If true, this clearly has very little to do with Israel. There is not mutual agreement not violate sovereignty when at least 3 nearby countries are funding multiple organizations dedicated to wiping Israel off the map and when Iran–a semi-theocracy–repeatedly (and through multiple high-level leaders) alludes to the idea that using nuclear weapons to rid the Middle East of its Jewish problem would be a religiously sanctified good.

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abb1 01.09.06 at 3:13 pm

Raw Data, what? To wipe a state off the map means ‘genocide’ to you? The Soviet Union has been wiped off the map. Ottoman empire. Plenty of states have been wiped off the map without anyone being hurt at all, let alone ‘genocide’.

One can imagine Palestine populated by exactly the same group of people who live their today, a state called ‘Palestine’, a state of the people of Palestine regardless of their ethnicity or religion – that would’ve been an excellent development compare to the status quo – and that would entail Israel being wiped off the map. I don’t think this is exactly what Mr. Ahmadinejad has in mind, but nevertheless, this shows that ‘wipe off the map’ may mean many different things other than ‘genocide’.

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Raw Data 01.09.06 at 3:29 pm

“To wipe a state off the map means ‘genocide’ to you?”

Yup. Someone is doing it _to_ a particular state. The Soviet Union was not — by any intelligent use of the language — “wiped off the man.” It fell apart from its own internal weakness. (Reagan may have give it a nudge but it was a sick puppy.) A state never wipes itself off the map — that’s simply not correct usage. It is wiped off the map _by_ an external force. If the state andf the people within are closely identified with each other, I think it’s fair to call that gemocide.

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grh 01.09.06 at 3:42 pm

walt pohl:

Sebastian, do you actually know anything at all about Hezbollah?

Yes, I was wondering that myself. However, I would extend it to wondering whether Sebatian knows anything at all about the middle east, or really about life on earth.

His version of reality is so ignorant, tendentious and silly it matches that of Ahmadinejad, which is a real achievement.

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fifi 01.09.06 at 3:56 pm

Sebastian, you have an absurdly tendentious understanding of Iran, a country that’s making almost continual _fundamental_ changes to its society, progressive changes, at the same time as the US continues to retreat into a reactionary liberalism infatuated with the rectitude of its sclerotic hardening. History will disappoint you propagandists greatly, I fear.

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Sebastian holsclaw 01.09.06 at 4:27 pm

“One can imagine Palestine populated by exactly the same group of people who live their today, a state called ‘Palestine’, a state of the people of Palestine regardless of their ethnicity or religion – that would’ve been an excellent development compare to the status quo – and that would entail Israel being wiped off the map. I don’t think this is exactly what Mr. Ahmadinejad has in mind, but nevertheless, this shows that ‘wipe off the map’ may mean many different things other than ‘genocide’.

Yes, as I discussed ‘wipe off the map’ MAY mean different things in other contexts. But in the context of this discussion (which as you know is the things we are discussing not some platonic ideal of phrases), which is to say in conjunction with the nuclear bombing of Israeli cities it does mean genocide. I went over some of the specifics about what makes this context different from a platonic ideal. If you disagree, please tell me where rather than pretending I haven’t dealt with the subject.

“Sebastian, do you actually know anything at all about Hezbollah?”

What about Hezbollah am I supposed to know? Like Sinn Fein it is the political arm of a terrorist organization. Unlike its Irish counterpart it still engages rather overtly in violence on a near constant basis. It is dedicated to the destruction of Israel and uses rather anti-Jewish rhetoric quite freely before during and after killing Jews. Unless you think those arms shipments from Iran were to oversee elections perhaps? Rockets to protect votes?

“Sebastian, you have an absurdly tendentious understanding of Iran, a country that’s making almost continual fundamental changes to its society, progressive changes, at the same time as the US continues to retreat into a reactionary liberalism infatuated with the rectitude of its sclerotic hardening.”

Ahmadinejad is the new vanguard of the progressive movement? I knew I wasn’t a progressive, but even I wouldn’t be so rude to progressives as to suggest that a country which just elected him is engaging in ‘progressive changes’. Do you think the execution of homosexuals is progressive, or was it the recent restrictions on music which made you think that the country was developing in a good direction? Will “Brokeback Mountain” be getting wide play in Iran?

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Jim S 01.09.06 at 4:32 pm

abb1, I notice that you don’t address my entire post. I agree completely that the Israelis aren’t handling things as well as they ought to. But you also don’t address this basic question. What facts do you and those who agree with you possess that makes you think that the attitudes of Iran, Hamas, Islamic Jihad and a multitude of other extremist Muslims would change if every Israeli settlement on the West Bank was dismantled? The 1967 borders aren’t what they claim as their goal. The only goal they all claim is the elimination of Israel. How do you reasonably expect the Israelis to expect to be able to make peace with groups with that attitude? It certainly seems that Hamas has more influence than the P.A. in Palestinian communities at this point.

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grh 01.09.06 at 4:53 pm

What about Hezbollah am I supposed to know?

Sebastian,

The most important thing you should know is it’s obvious if you’d been born a Shiite in Lebanon, you would have been an enthusiastic member of Hezbollah. In fact, you probably would have been part of its most uncompromising wing.

Until you understand that, and its significance, trying to tell you anything else about it is beside the point.

But just for instance, this —

Like Sinn Fein it is the political arm of a terrorist organization

— in an inaccurate analogy. Yet as I say, there’s no point in going into it.

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abb1 01.09.06 at 5:08 pm

Not only 1967 borders, but also resettlement of the Palestinians, compensation, etc. Israel needed to be accepted (needed, because I think it’s probably too late now) as an integral part of the region. Of course there would’ve been extremists anyway, but nothing like the overwhelming rejection and hostility we see now. Then the politicians (on the Ahmadinejad’s level anyway) would’ve had no reason to play this card.

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Sebastian Holsclaw 01.09.06 at 5:17 pm

“The most important thing you should know is it’s obvious if you’d been born a Shiite in Lebanon, you would have been an enthusiastic member of Hezbollah. In fact, you probably would have been part of its most uncompromising wing.”

How nice. And you are like talking with an intelligent design advocate in leaps of logic and retreat into feelings whenever faced by facts.

And what precisely does that have to do with anything? If the argument is that Lebanese are of course violently anti-Israeli, to the point of wanting to drive them into the sea, how precisely does Iran’s support of Hezbollah contribute to your side of the discussion instead of mine?

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grh 01.09.06 at 5:29 pm

Ah, Sebastian, your tone takes me back. Unlike you (I’m 100% certain) I’ve actually sat down and had meals with members of Hezbollah. And you sound so much like them it’s uncanny. They would get just as mad, and in exactly the same way, when I compared them to people like you.

I really must go now, but thanks for the memories ;-)

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Brendan 01.09.06 at 5:43 pm

grh

How terribly terribly cynical of you. You will be suggesting next that there is some comparison possible between barking mad Christian loonbats (like the one who currently inhabits the White House) and barking mad Muslim loonbats like Osama Bin Laden. Don’t you understand? One is Christian and one is Muslim. I mean is that so difficult to understand?

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Sebastian holsclaw 01.09.06 at 6:14 pm

And people wonder where leftists get the reputation for being insufferably smug. Thanks for engaging the ideas boys.

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J Thomas 01.09.06 at 6:31 pm

“I think we should make israel that offer, and require that they dismantle their own nukes and allow thorough inspections. Then if iran or pakistan or whoever nukes them by some overt method like a missile or cruise missile or whatever, we can nuke the countries that did it.”

‘Uh…So Israel dismantles but Iran and Pakistan don’t? And you expect Israel to agree? J. Thomas, don’t you think that the Israelis might consider vengeance after they are dead from a nuclear attack to be an insufficient incentive?’

Man, I don’t expect israel to agree to anything that reduces their power.

However, if israel will not make a first strike (as they sometimes claim they won’t), how is it better for israel to do its own retaliation rather than let us do it? The USA can do it much more competently and cheaper. We have economy of scale, we have the world’s best cryptography and satellite surveillance, etc.

If israel only wants a nuclear deterrent, we can do it for them better than they can. Very very hard to destroy *our* second-strike capability.

Of course, israel doesn’t just want a deterrent. But why should we allow them more? It isn’t in our interest for israel to nuke anybody. Possibly at some point it might be convenient for us if they do it instead of us having to do it ourselves, we could get the nuking done and then disown them. But far more likely they’d nuke somebody when it was inconvenient for us.

So sure, we should disarm israel of its nukes, and give them our guarantee. We should give the same guarantee to iraq, jordan, egypt, and lebanon, and syria and iran if they agree to inspected nonproliferation. Give them the real advantages of nuclear weapons without the disadvantages of cost and contamination.

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grh 01.09.06 at 6:53 pm

And people wonder where leftists get the reputation for being insufferably smug. Thanks for engaging the ideas boys.

Fantastic! I really should go now, but Sebastian’s an even better candidate for Hezbollah than I thought. This is one of their perennial grumbles in Lebanese politics — that Lebanese leftists are smug, unwilling to engage with Hezbollah’s “ideas,” and so forth.

And who knows? Perhaps they’re right, to exactly the same degree Sebastian is right.

Anyway, congratulations to Sebastian. A truly outstanding performance.

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fifi 01.09.06 at 7:42 pm

“I knew I wasn’t a progressive, but even I wouldn’t be so rude to progressives as to suggest that a country which just elected him is engaging in ‘progressive changes’.”

You want progress to mean “be like the USA, tomorrow”, so that you can give the ultimatum, “or else,” and then punish Iran for not doing the impossible. But of course it doesn’t work that way; it merely suits your politics to not consider change in context: where the Iranian people have been and where they are going, and compare that especially with the situation of Muslims living in more favored regimes in the area. I can understand the propagandist’s habit of mind that likes to portray a society as frozen in time doing something bad he read about in the paper. After all, if he examined everything continually in context and scale, he would have to admit his beloved country today is anti-American.

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Sebastian Holsclaw 01.09.06 at 7:46 pm

“Anyway, congratulations to Sebastian. A truly outstanding performance.”

No problem. Congratulations are in order to you as well–for producing four completely insulting yet intellectually content-free posts in a row.

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J Thomas 01.09.06 at 8:16 pm

Walt Pohl asked the rhetorical question, “Are you people incapable of participating in the argument on offer?”.

The answer is clearly yes.

The issue is that it’s two completely different mindsets.

In the one case we have people who’re willing to discuss theoretical arguments about how to make the world a better place. We’re better off if people follow rules to work out their disagreements. The rules have to be fair or people won’t follow them. What rules would be fair?

In the other case we have people who’re already in a fight-to-the-death with no rules. They have absolutely no interest in being fair to their enemies who only want to kill them however is easiest — while following no rules whatsoever.

Of course such people have no interest in discussing what rules would be nice. They’re in a fight-to-the-death, they have to kill off their enemies before their enemies kill them off. Their enemies are completely ruthless and implacable, and unless they can be even more ruthless and implacable, unless they can steel themselves to beat the enemy at his own game, he’ll kill all of us whether we think we’re in the fight or not.

It’s been this way for a long time. Before anybody but zionists noticed the ruthless muslims who have no sense of honor or fair dealing whatsoever, whose god requires them to lie and steal and rape and to kill themselves whenever they can take some of us with them, we had the international communists who were the same way. They were willing to kill everybody in the USSR except a core of buried leaders if it would destroy the USA and the capitalist system and let them rule the world after they dug themselves out. And the chinese communists were even worse. And before the communists were strong enough to rule the world, there were the japanese and the nazis. Utterly implacable. The japanese wouldn’t even surrender when they had no chance, they’d attack no matter what, booby-trap the wounded so we’d die rescuing them, fake surrenders, suicide kamikaze attacks, you name it. When we took a japanese island there was no point letting them surrender, we had to kill almost all of them no matter what. And the nazis would have used poison gas on us in a heartbeat except they were so dependent on horses for their transport and they didn’t have gas masks that worked for horses. They grabbed women off the street in occupied countries and sterilised them and forced them into prostitution for the troops. They ran death camps. It was completely impossible to negotiate with them, they would settle for nothing but extermination of all untermensch.

We don’t get into serious wars with anybody who can be reasoned with. Every one of our serious enemies is an insane criminal with no morals whatsoever who wants us dead. Somehow it just works out that way.

Since we’ve actually been in a sort of total war for the last 65 years with a succession of psychopathic cultures who use diplomacy only as a military tactic toward total victory, and we must become more and more like them or we can’t survive, *of course* the only use for discussions like this is to point out that we are right and our enemies are wrong. There’s no other useful result from the argument. Talking about rules that rational opponents might use for warfare has no connection with the real world, because any rational opponent must be on our side against the evil ones who will kill us all unless we band together under US leadership.

Pardon me, I slipped into the mindset while I was describing it. This reminds me of an old science fiction story, I don’t remember the name of the author. These sheep-farmers were having a crisis with wolves. The wolves were greedy and ravenous, they had sharp teeth and aggressive dispositions. They killed sheep and scared the farmers. The farmers finally hit upon a solution. They outfitted some of their sheep with sharp steel teeth and claws, and they trained them and bred them toward aggressive dispositions. They eventually had sheep-soldiers that could beat off the wolves. They fed the dead wolves to the sheep-soldiers as an honor and a reward. And the sheep-soldiers started to grow their own sharp teeth and hooves. But as the wolves dwindled away the sheep-soldiers got more and more greedy and ravenous. They killed sheep and scared the farmers….

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grh 01.09.06 at 9:05 pm

We don’t get into serious wars with anybody who can be reasoned with. Every one of our serious enemies is an insane criminal with no morals whatsoever who wants us dead. Somehow it just works out that way.

What’s amazing is, the exact same thing is true for all of Hezbollah’s enemies! It’s really an incredible coincidence that both we and Hezbollah have PRECISELY the same type of foes!

Of course, if you point this out to Hezbollah and make fun of them for it, they’ll get very confused and angry and tell you what you said is “completely insulting yet intellectually content-free.”

;-)

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Donald Johnson 01.09.06 at 9:18 pm

Well, I understood what the content of your posts were, grh, but in fairness you couldn’t expect Sebastian to get it when you’re needling him that way. It’s better just to state your point directly and if he chooses to ignore it, then go ahead and needle him. (Or that’s my suggested approach anyway.)

Somewhere way upthread I posted a link to a Human Rights Watch article on the Israeli use of torture at Khiam. It never seems to occur to a certain type of Westerner that some of that evil Muslim terrorism that worries them so much (and me too) is the direct result of evil terrorism that was inflicted on Muslims by Westerners. Or that Iran’s support of Hezbollah is not different from America’s support of Israel or Israel’s support of the Christian torturers who ran the prison at Khiam.

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Jim S 01.09.06 at 9:52 pm

Let’s get this straight, abb1. You want Israel to give the Palestinians everything they want, no exceptions. Is that right? A full right of return for all the Palestinians to their former family homes in Israel? That is what resettlement means among the Palestinians, so far as I know. If that isn’t it, please be more specific. Because you do know that doing that means the end of Israel, don’t you?

Also, let’s be honest. It was too late for Israel to be accepted by its neighbors the day it came into existence. How long did it take for its neighbors to attack? How many times have they attacked Israel? How many terrorists have they sponsored? And yes, those wonderful folks who blow themselves up in crowds of civilians are terrorists whose actions cannot be excused by anything. Period.

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grh 01.09.06 at 10:17 pm

…in fairness you couldn’t expect Sebastian to get it when you’re needling him that way.

That’s true, but based on what he’s written here, I doubt he could get it under any circumstances at all. In my experience with people like this, both the US and mideast varieties, there is no point to discussing anything with them. They are so deep into their imaginary, self-justifying version of history that nothing can bring them out.

For instance, look at what jim s said directly above. You could walk him through the reality of the right of return issue, but why? His understanding of the history overall is so confused that realistically you’d have to talk to him face to face for five years before you could *maybe* make some progress. But even that probably wouldn’t be enough; you’d likely have to make some field trips to the middle east.

So, I don’t think there’s much percentage in trying to help people with these types of perspectives understand things. Most of them don’t want to understand anything in the first place.

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roger 01.09.06 at 10:25 pm

Ahmadinejad are totally worrisome — one wonders, nostalgically, what would have happened if Clinton had defied the conservatives in D.C. and engaged in Detente when there was a moderate in power. But just as those conservatives pointed out that Khatami wasn’t “really” in power, so, too, one should point out that the response to Ahmadinejad in Iran has been, so far, to strip him of many of his traditional powers. Iran has just made huge deals with India and China, which is a much better guarantee of good behavior — behavior that won’t lead to nuclear exchanges — than anything else.

This seems so obvious that I wonder why it isn’t being pointed out more strongly. To my mind, Ahmadinejad is certainly a danger, a man of limited experience who might be willing to put his country on the path to martyrdom — but the proper U.S. response to him should be to make connections with more reasonable parts of the Iranian ruling class, who have every reason to ally against the guy.

Eventually, one hopes that regional peace talks would lead to the take down of the Israeli nuclear capability and the blocking of Iran’s.

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Donald Johnson 01.09.06 at 10:27 pm

Jim S, I agree (not sure what abb1 will say) that terrorism can’t be justified, but it cuts both ways and if you don’t know that Israel has deliberately killed civilians (from 1948 on) and tortured others, then you either haven’t tried to find out or you’ve deliberately closed your eyes to facts you find inconvenient. One of those facts is that Israel is a Jewish state because of massacres and ethnic cleansing that occurred in 1948, and when Arabs tried to return to their homes after the war, they were often expelled and sometimes murdered.

There’s a pragmatic reason you could give for not allowing a right of return for Palestinians–it’s not clear the fanatics in both communities could live together for more than a week before civil war would start. That one is plausible to me–don’t impose idealistic solutions that will likely lead to disaster. When instead people start talking about “the end of Israel”, what they seem to be saying without admitting it is that the ethnic cleansing of 1948 was justified. They don’t want to say it that baldly, because then you’ve got this little problem of explaining why it’s wrong for one group to use terror tactics, but not the other.

People should either be completely honest about the terrorism of both sides, or just stop using moral language they don’t really mean.

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Donald Johnson 01.09.06 at 10:35 pm

Well, grh, I just tried walking him through it. We’ll see what happens.

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grh 01.09.06 at 10:40 pm

Donald, you are a braver (and more energetic) man than I.

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Jim S 01.10.06 at 12:33 am

Well, what happens is that I call the both of you intellectual cowards. Yes, the Israelis have done contemptuous things in their fear for their survival. And make no mistake, they do feel that their survival is at stake. You, on the other hand, duck and evade. I specifically asked if you supported the straightforward right of return as most Palestinians want it to play out. That is, the return of all or at least the vast majority of Palestinians to their property within the current state of Israel. I’ve watched interviews with Palestinians waving their titles and other proofs of ownership of property in Israel saying that there is no adequate compensation, that they must get their ancestral homes back. Is that what you support? Simple question. Or are you willing to support some compromise that involves more compensation than return? Given the relative population sizes how do you think the state of Israel could survive the return of most of the Palestinians currently scattered across the Middle East? It would be a sort of elimination by election. And once that election was won what would be the fate of the Jews in the state formerly known as Israel, now called Palestine? Or do you have some other scenario that might work out and bears some resemblance to reality as opposed to relying on Palestinian sainthood?

As far as the cowardice is concerned I’ve noticed that not once have you actually responded to one of my main points. In the here and now, not in 1948, not in 1967 or any other time in the past there is still a major political force in Palestinian circles that does not call simply for the end of occupation of the West Bank and Gaza but for the complete elimination of Israel and for the Jewish population currently living there to be driven out or killed. Are the crimes of 1948 and the period immediately following justification for that desire? Because Hamas and Islamic Jihad between them have the support of far more than a tiny fraction of the Palestinian populace and that is their stated goal, in no way moderated in recent years. Not once have either of you replied to that point except to engage in a “The Israelis are bad too!” exercise.

I don’t think either side is proposing anything that will solve any problems. The Israeli West Bank settlements are an apparently intractable problem to peace and frankly I do support the idea of us withholding our aid to the Israelis if they refuse to see reason. A workable two state solution is the only thing that might bring peace but I don’t think it will satisfy Hamas or their supporters, including, apparently some of the posters here.

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abb1 01.10.06 at 3:21 am

Yes, as I discussed ‘wipe off the map’ MAY mean different things in other contexts. But in the context of this discussion (which as you know is the things we are discussing not some platonic ideal of phrases), which is to say in conjunction with the nuclear bombing of Israeli cities it does mean genocide. I went over some of the specifics about what makes this context different from a platonic ideal. If you disagree, please tell me where rather than pretending I haven’t dealt with the subject.

I still haven’t seen the quote about nuclear bombing of Israeli cities. I don’t see why ‘wipe of the map’ would mean anything but dissolving the state and giving the indigenous people of the region the right to self-determination.

I suppose (I guess) he would want the Israelis with American and European background to return to their countries, but I don’t see any indication that he would want them to die.

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abb1 01.10.06 at 4:04 am

The ‘right of return’ as such is more or less an abstract concept, formal admission of moral responsibility by Israel.

The actual number of Palestinians who would want to actually move to Israel is a different matter. They can be offered other more attractive alternatives, if that’s so important.

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Anatoly 01.10.06 at 7:55 am

Today’s Israeli papers talk about Iranians removing all those seals. They started to work on their nuclear capability, in earnest, again. The papers quote Israeli Army officials suggesting Iran could have a first nuclear bomb in a few months, if nothing impedes their progress.

I assure you all, here in Israel (I am an Israeli Jew) we take this very seriously, and we take Ahmadinejad’s pronouncements very seriously. We do feel this is about our survival, and I haven’t seen one shred of evidence to suggest this feeling is definitely wrong.

Wanna bet that Iranian leaders are not mad enough to launch a first nuclear strike against us, knowing that all of our warheads will be flying back at them in retaliation? OK. You go ahead and bet. I don’t think *we* want to. I would be surprised if an Israeli surgical strike against Iranian nuclear sites would not happen sometime in the next few months, assuming no diplomatic or otherwise peaceful progress is achieved.

And what’s more, I will support such a strike while grieving for inevitable loss of some civilian lives, as well as loss of any project of pro-western reforms or political moderation in Iran in the coming years.

You can pooh-pooh crazy threats (rather specific crazy threats, too) of Iranian fanatics in power as a “generally hostile disposition” all you want. We do not have such a luxury.

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Donald Johnson 01.10.06 at 9:03 am

I already answered your right of return question, Jim S. I wouldn’t support it because I suspect the fanatics on both sides would promptly start a civil war. I’ll be expecting a medal for intellectual courage from you any moment now.

As for Hamas, they’re the rough equivalent of the settler movement, which clearly sees the Palestinians as subhuman obstacles to their ambitions. Hamas is more popular because the Palestinians live under much worse conditions than the Israelis. One can afford to be “generous” if you’re living a prosperous life and you think giving up some settlements (i.e., stolen property) might reduce the chance of terror attacks. Much of the support for terrorism that you find on the Palestinian side is, obviously, the result of the fact that Israel has forced Palestinians to live under a form of apartheid. Talk of wanting peace probably wears thin. Also, when Israel withdraws from territory unilaterally and not as the result of peace negotiations with a just solution spelled out and soon to follow, it gives the some Palestinians the impression that violence is the only thing that brings results. Not all Palestinian support for terrorism can be blamed on such factors. There is a hardcore element that wants an Islamic state over Israel and the occupied territories. Whatever the reasons, nothing excuses suicide bombing, but if you bother to read the reports of the human rights organizations such as Human RIghts Watch, Amnesty International, or B’Tselem you’d know that the majority of civilians killed in this conflict have been killed by Israel. Neither side has anything to be proud of, morally speaking. And there’s the problem with the rhetoric of a lot of Israel-supporters, Jim S. One hears a lot about the total inexcusability of terror, but it’s always about the inexcusability of Palestinian terror, not the inexcusability of terror in general. Plus history only seems to matter when we’re talking about the history of Arab attacks on Israel–bring up the other side of the story and all of a sudden stuff that happened 30 or 50 years ago (or a few months back) is just old news.

Now as for Iran, that’s another story. It makes me nervous when the head of a country trying to acquire nuclear weapons makes stupid, irresponsible, warmongering statements. I haven’t said anything about what to do about that, because I don’t know.

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grh 01.10.06 at 10:00 am

Well, what happens is that I call the both of you intellectual cowards. Yes, the Israelis have done contemptuous things in their fear for their survival. And make no mistake, they do feel that their survival is at stake. You, on the other hand, duck and evade.

Dude. Chill out. It’s exactly this kind of thing that makes me reluctant to discuss this.

But if you sincerely want to learn about the right of return issue (as opposed to yelling at strangers about it online), here’s the deal:

All the stuff about it being insoluble, the Palestinians wanting to use it as part of a Clever Plan to destroy Israel, etc. is bullshit. The outlines for an agreement have been clear for quite a while, and understood and agreed to by the PA. They’d be:

• Israel accepting the Right of Return IN PRINCIPLE (Palestinians can’t agree to anything without this)

• IN REALITY, the actual return of refugees to Israel proper being subject to Israeli approval, with some agreed to ceiling (Israeli can’t agree to anything without this)
• Which is fine, because only 10% of Palestinian refugees want to return to Israel anyway

For more details, I suggest you read:

1. “The Truth About Camp David” by Clayton Swisher, especially pp. 281-82:

Malley, who attended most of the refugee talks, noted that Palestinians were not asking for a full right of return. What they wanted was recognition of the right of return in principle, after which they would agree “to take into account Israel’s interest.” For the Palestinian negotiators, this was a gigantic concession…After Camp David some Palestinians conceded, off the record, that Arafat had been willing to accept a limited right of return…so long as the Palestinians received recognition of that right and a viable state…

2. These four columns by Palestinians and Israelis, particularly the bottom one by Yossi Beilin, one of the chief Israeli negotiators under Barak:

Regrettably, the refugee issue has become “proof,” as it were, of the “fact” that it was impossible to reach an agreement between the Palestinians and Israel, even at a time when Israel was headed by a particularly moderate government. This claim, however, is quite simply untrue. The talks at Taba were the best ever held between the parties, and the closest ever to reaching an agreement. Were it not for the fact that the talks were held at such a late stage, on the eve of elections in Israel for a new prime minister, it would have been possible to complete the Israeli-Palestinian framework agreement at the Taba talks.

3. This column by Uri Avnery

4. This 2002 op-ed by Arafat

5. This 2003 Palestinian poll of refugees on the right of return

Now, based on prior experiences with other people, I have no expectation you’ll actually read any of this. But I’m happy to be surprised.

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J Thomas 01.10.06 at 10:59 am

“Yes, the Israelis have done contemptuous things in their fear for their survival. And make no mistake, they do feel that their survival is at stake.”

As did the nazis. They strongly felt their survival was at stake, and they had no choice but to do contemptuous things. Quantitatively I’d say the nazis had slightly less reason to worry for their survival, and the things they did were worse. No qualitative difference, though.

But this sort of talk does no good whatsoever. It merely inflames passions, it persuades people who vicariously feel the israelis’ terror not to listen. It confirms them in their long-term-suicidal beliefs.

If we look at the question in terms of who’s justified and who isn’t, we cannot possibly get any result better than genocide. While the israeli responses are not justified by any rational standard, still many of them feel a religious obligation to hold that land. They could not move to, say, alabama even if the USA gave it to them. And since they have to stay, they feel a natural obligation to survive. So they will respond with utter viciousness to any threat. We can expect this to continue until all but one side to the conflict has been genocided. This is the result we should expect from the approach of deciding who’s right and who’s wrong.

We need to look at it without morality. Regardless of right and wrong, the israelis are there and they aren’t going away, and they aren’t going to accept palestinian neighbors. Regardless of right and wrong, they are a deep embarrassment to the USA in the world community and particularly the arab and muslim worlds. The USA is better off if neither israelis nor arabs get genocided. The USA is better off if nobody in the middle east or anywhere else gets nuked. We are better off if something good happens for palestinians that doesn’t anger israelis enough that they sabotage it. And any solution or even palliative would have to be imposed from outside.

I think we should develop the political will in the USA to ask the palestinians if they’re willing to become a protectorate of the USA. If they vote for it, they get a deal something on the order of guam or puerto rico. The IAF is no longer allowed to do airstrikes. Probably we’d better set up a no-fly zone over israel and palestine, and the israelis could sell us their planes. We’d open the border to jordan — israel can’t afford to do that because their first priority is making sure that palestinians never get an army, but with the US army occupying the place that wouldn’t be an issue. With things like that we *would* be liberators for them, and with any luck our army would really be welcomed. Our soldiers wouldn’t be trying to police them, they’d be primarily protecting them from israelis.

We would build sewage treatment plants for the palestinians. Currently palestinians can’t afford to build their own, and the israelis of course won’t spend the money for dirty arabs, and so palestinian sewage is contaminating israeli groundwater.

If palestinians could travel with US passports like citizens of guam and puerto rico, that would change things around some. Most palestinians don’t have the money to leave, but also if they did leave they might not be allowed back. If they knew they *could* come home, more of them could go be guest workers elsewhere and send money home. That would reduce the water shortage.

There’s the question where the border should be. One good rule would be, follow the 1967 border except where israelis have a population density above 5000 per square mile. Let israel keep those areas but swap worthless land elsewhere for them. we’d want to build some sort of wall or somesuch that defends in both directions.

In the short run, israel wouldn’t be “negotiating” water rights with palestinians, they’d be dealing with us. We would have a goal to reduce the number of permanent residents of both israel and palestine — there simply is not enough water. It’s absurd to have so many people trying to live there.

No solution can come from justifications about who’s wronger. Any solution must be imposed from outside, and should focus on finding things people can live with despite the old and continuing injustices.

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Jaybird 01.10.06 at 11:34 am

Did it really take us 225 posts to compare Israel to the Nazis?

In 2002, it would have taken 20.

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Chris Bertram 01.10.06 at 11:43 am

OK, I’m going to close the thread. (I gave up contributing myself at #175). The issue at the head of this thread concerned the limits of permissible action under the right of self-defence (with special application to a possible Israeli strike against Iran). The thread has now degenerated (as usual) into a general free-for-all on the Israel-Palestine conflict.

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