Freedom of speech

by Chris Bertram on February 15, 2006

The past few weeks have, in the light of the cartoon dispute, brought forth much in the way of blogospherical indignation, analysis, clarification, etc. on the subject of free speech. This has sometimes been accompanied by philosophical and legal reflection of varying subtlety and insight on the idea, its relation to the theory of speech acts, and so on. The “British House of Commons votes today”:http://news.bbc.co.uk/1/hi/uk_politics/4714578.stm on HM Government’s proposal to outlaw the “glorification” of terrorism, a vague offence that may outlaw the praising of historical events in distant lands. If passed this law will, like all laws, be enforced with the resources of the police, the Crown Prosecution Service, the courts, and so on. Since this measure is, therefore, a far more immediate and effective threat to free speech than the complaints of genuinely and synthetically offended members of a religious minority, why does it not provoke a similar level of outrage?

{ 78 comments }

1

des von bladet 02.15.06 at 10:48 am

It is national Sending A Signal day! Why not get together with some friends and see what laws you can come up with to “send a signal”?

I’m for criminalising people who are wilfully ill, which would “send a signal” about our commitment to making this nation happier and healthier.

2

chris y 02.15.06 at 10:58 am

“…and to Harmodius known
And his compeer Aristogiton, known
To Brutus–that tyrannic power is weak, 0
Hath neither gratitude, nor faith, nor love,
Nor the support of good or evil men
To trust in…”

Wordsworth, Prelude X.

3

Grand Moff Texan 02.15.06 at 11:01 am

IIRC, it is already an act of treason in the UK to declare support for the enemy in a time of war, but this law is never enforced.
.

4

Chris Bertram 02.15.06 at 11:08 am

GMT: Perhaps that’s because the UK is not in a state of war in the legal sense. I know that in the US government lawyers have attempted to avail themselves of wartime legal precedents to enable all kinds of things as part of the “war on terrrr” – that isn’t the case in the UK.

5

des von bladet 02.15.06 at 11:16 am

Earlier, at a stormy question time, he warned that to take out references to ‘glorification’ in the Terrorism Bill would send out a “massively counter-productive signal”.

Mr Blair said: “People outside will infer that we have decided to dilute our law at the very moment when we should be strengthening it and sending a united signal that we aren’t going to tolerate those who glorify terrorism in our country.”

Didn’t we send him a united signal to piss off at the last election?

6

Tim Worstall 02.15.06 at 11:21 am

Chris, I think you might not have been reading enough of the UK blogs if you think that no one has been. Various people (Talk Politics, Shuggy, myself, Samizdata, Chicken Yoghurt, Europhobia, I could compile a long list) have been screaming from the rooftops that it’s a foul and vile law, up there with the ID cards nonsense, Civil Contingencies Act, abolition of double jeopardy, abolition of jury trial,and the latest, currently before the House, the Legislative and Regulatory Reform Bill. That last, BTW, removes the need for a Minister to even consult Parliament before he amends, enacts or abolishes any law he pleases. Including the creation of new criminal offenses.

7

Brendan 02.15.06 at 11:56 am

Too late.

‘MPs today voted to create a new offence of “glorifying” terrorism, overturning opposition from both the House of Lords, the Conservatives and Liberal Democrats.
It will come as a welcome relief for both Tony Blair and Gordon Brown, who had publicly backed the new offence this week.

Despite predictions of a Labour rebellion MPs voted 315 to 277, a government majority of 38, to resinstate the offence, which peers removed from the terror bill last year.’

I once stated that I would glorify terrorism publicly if this law was passed, but then the Lords kicked it out, and me and the other guy (also from Crooked Timber but forgot his name) decided the threat was passed. Looks like we were wrong.

I think it is incumbent on Crooked Timber to write a post praising terrorism so we Britishers can risk arrest by reading it (or is it still ok to ‘passively receive’ glorification of terrorism?)

Meanwhile the government are also trying to bring in what has been called the ‘abolition of parliament’ bill.

http://www.guardian.co.uk/Columnists/Column/0,,1709926,00.html

And the US announced what many of us have suspected: that the war on terror will last forever.

http://www.guardian.co.uk/usa/story/0,,1710062,00.html

But obviously the real threat to civil liberties comes from a few peaceful Moslem demonstraters in a square in London.

8

Brendan 02.15.06 at 12:02 pm

Apologies to Tim Worstall, btw. What I called the ‘abolition of Parliament Bill’ is indeed the Legislative and Regulatory Reform Bill. Kudos to Samizdata etc. if they are opposing it.

9

Erstwhile 02.15.06 at 12:31 pm

The UK, and Europe generally, has much weaker protection of ‘free speech’ than we enjoy in the US.
I’m outraged on their behalf, if that helps. No, it doesn’t? OK well then the outrage is indeed similar to that over the cartoons — unhelpful. There you go.

10

Tim Worstall 02.15.06 at 12:38 pm

Tha abolition of Parliament Bill is a very good name for it. Owen Barder, Bishop Hill, Talk Politics, The Last Ditch, Adam Smith Institute, Myself and then on from there have written about it. Danny Finkelstein wrote on it in The Times today…very kindly noting (in email) that he’d only heard about it because the blogs were talking about it.

I realise that this might not be quite the crowd to say it to but I do think that the destruction of civil liberties in the UK is the worst crime that Blair and his crowd have committed.

11

finnsense 02.15.06 at 12:38 pm

Boring nonsense as usual from the civil liberties obsessionists. If this law is used to do something other than restrict the glorification of terrorism today, there will be an outcry and it will be stopped. The UK has a vicious press and it’s a democracy.

For God’s sake stop pretending it’s going to be used so the evil government can oppress it’s well-meaning citizens.

12

Keith Gaughan 02.15.06 at 12:43 pm

So, does this mean that if I, as an Irishman, am in the UK on April 24, and have a pint to commemorate the 1916 Easter Rising, I could be arrested?

Or if an American is in the UK and decides to celebrate July 4th, they’ll be nicked?

The events being commemorated on those days were seen at the time as terrorist acts, so surely celebrating them is, according to this law, illegal?

Lovely.

13

Tim Worstall 02.15.06 at 12:49 pm

#12. There is a let out clause for certain designated historical events. But who decides what gets on that list?

14

tim 02.15.06 at 12:51 pm

“why does it not provoke a similar level of outrage?”

Maybe because the part about beheadings and bombs is missing.

15

Keith Gaughan 02.15.06 at 12:55 pm

Precisely. That’s where something like April 24th will cause problems: it’s a nasty edge case for this law.

16

chris y 02.15.06 at 12:58 pm

Keith,

I’ll visit you in gaol. Or join you there when, as an Englishman, I celebrate the occasion when the king, at the point of an insurgent sword, was forced to issue Magna Carta.

Presumably WalpoleBlair and his coterie, having less strategic imagination even than my boss, don’t intend at this stage to use the thing against the Calf’s Head Club, if it becomes law, the envelope will be pushed and we’ll have to see where it breaks.

17

the cubist 02.15.06 at 1:14 pm

L’esprit de l’escalier commands me to revisit last week’s controversy about whether Cindy Sheehan’s T-shirt at SOTU constituted grounds to deny her free speech rights:
Jet– You got it exactly backwards. Her public demand for a redressing of grievances trumps your private grievance demanding she re-dress.

18

John 02.15.06 at 1:19 pm

Maybe the level of outrage is less because the CPS is so markedly less competent than the average Islamic lynch mob? If they can’t get the leaders of the BNP convicted what can they do?

19

john m. 02.15.06 at 2:07 pm

Never mind a pint for the Easter rising, they’ll have to arrest most of West Belfast. For starters.

20

yonray 02.15.06 at 2:29 pm

What about the French resistance? They certainly blew up a few things. Is there really any difference apart from the fact that most of us think they were on the side of right and good?

21

JR 02.15.06 at 3:29 pm

Because acts like rioting and killing people and burning buildings and threatening suicide bombings tend to attract a lot of attention. Really, does anyone think a rhetorical question like this- which is intended to imply a hypocritical double standard but is in fact a disingenuous comparison of apples and oranges- contributes anything to reasoned debate?

22

e-tat 02.15.06 at 3:35 pm

“But obviously the real threat to civil liberties comes from a few peaceful Moslem demonstraters in a square in London.”

Clearly out of touch, Brendan. Horowitz would tell you that the danger to civil liberties is always greatest from those who know enough about the limits of liberty to quibble endlessly over them. If we didn’t know our rights, we wouldn’t be bothered by their absence. It’s the messenger that’s to blame for upsetting things.

23

soru 02.15.06 at 3:36 pm

What about the French resistance? They certainly blew up a few things. Is there really any difference apart from the fact that most of us think they were on the side of right and good?

It’s seems to be a little-known fact these days, but as it happens, the tactics used by the french resistance were not based on blowing up random french civilians to persuade the nazis to meet their demands in return for ending the slaughter.

On the contrary, it was the Nazis that were slaughtering civilians, in an attempt (often successful) to get the resistance to cease their activities. Had a resistance group attenpted to use terrorism against the nazis, the result would have been puzzlement: ‘well, I guess that saves us the trouble of mounting a reprisal operation’.

Terrorism is best understood as the attempt of a small clandestine group to emulate the effectiveness of state terror. It’s relation to true terror is that of a cargo cult to an airplane.

I’m not sure what glorifying terrorism would involve, precisely, but I am pretty sure it is a bad idea. The only question it is whether it is a worse idea than making up new spurious crimes of which are enemies are supposedly guilty, instead of simply remembering that they are our enemies.

soru

24

JR 02.15.06 at 4:03 pm

“Terrorism is best understood as the attempt of a small clandestine group to emulate the effectiveness of state terror. It’s relation to true terror is that of a cargo cult to an airplane.”

You really think terrorism is entirely ineffectual? I disagree entirely. Terrorism is theater, intended to arouse strong emotions in a mass audience. The dead are part of the show. The intended audience is not those that identify with the dead. It is those that rejoice at their deaths. The 1972 Munich massacre was extraordinarily empowering for the Palestinian cause. 9/11 has ignited fires in Pakistan and across the Muslim world that will not go out in our lifetimes. Bin Laden is the greatest impressario of our age.

25

abb1 02.15.06 at 4:18 pm

…the tactics used by the french resistance were not based on blowing up random french civilians to persuade the nazis to meet their demands in return for ending the slaughter.

I’m not sure who the french resistance is contrased against here, but here’s what Fred Kaplan wrote in Slate a couple of days ago about Iraq:

New data reveal, surprisingly, that the vast majority of the Iraqi insurgents’ attacks are still aimed not at Iraqi security forces or at civilians, but rather at U.S. and coalition troops. In other words, as much as was the case a year or two ago, the Iraqi insurgency is primarily an anti-occupation insurgency.

The statistics—compiled by the multinational military command in Iraq and reproduced in a report released Wednesday by the Government Accountability Office—raise anew a basic question in the debate over the future of U.S. policy toward Iraq: Is the presence of American troops doing more harm or more good?

The graph’s overwhelming theme, which the Times story leaves unmentioned, is that, consistently, most of the attacks—about three-quarters, never fewer than two-thirds—have been aimed at the Western occupiers.

Read the whole thing.

Not sure how this compares with the french resistance, but probably not too far off.

26

nik 02.15.06 at 4:24 pm

This law stinks – but at least freedom of speech is being restricted by an elected government with defendants being entitled to due process. Which isn’t quite what the headchopping brigade were trying to do.

27

Steve 02.15.06 at 4:58 pm

I suppose “Guy Fawkes Day” doesn’t really celebrate terrorism, what with the effigy burning and all. But it does seem to be named after a conspiritor. Perhaps they’ll have to strike that day from the calender.

28

Brendan 02.15.06 at 5:18 pm

‘It’s seems to be a little-known fact these days, but as it happens, the tactics used by the french resistance were not based on blowing up random french civilians to persuade the nazis to meet their demands in return for ending the slaughter.’

I don’t know much about this (and it’s hard to find out much about it…isn’t that strange?) but while this may or may not be true about the French resistance, I have heard that resistance to the Nazis did not always follow, shall we say, Queensbury rules. In Crete for example. And Russia. And Greece. Why are we all so keen not to hear this, do we all think?

It can’t be said often enough but while the (undeniably Islamo-fascist and deeply deeply unpleasant) Zarqawi led Al-Qaeda associated resistance really is as appalling as Coalition propaganda would suggest, this only represents a tiny minority of the Iraqi insurgency (and one deeply distrusted and disliked by genuine Iraqis, whether in the resistance or not).

The majority of the insurgency are Sunni nationalists and Shia associated paramilitaries, many of whom are ALSO associated with political groupings and organisations (although this fact tends to be ignored in the West).

It also can’t be said enough that while ignorant, non-Arabic speaking, non-Iraqi visiting white middle class members of the mediocracy, invariably paint these people as ‘jihadists’ or ‘ba’athists’ that’s not how THEY see it. Instead, the Sunnis (for example) see themselves as fighting against American AND Iranian oppression: in other words, they see the Iranians and the Americans (in Iraq) as being on fundamentally (no pun intended) the same side.

This analysis differs from the American/British analysis in that it actually has some basis in fact, as opposed to being a Colonial fantasy.

Likewise the Shias see themselves as fighting a battle analagous to that of the (Harry’s Place’s new favourites) Kurds: i.e. as a repressed and despised minority, repressed for hundreds of years (by the Sunnis) and now moving forward into statehood and history. And yet whereas the Keyboard Kommandos praise the (good, Iraqi) Kurds (not the nasty Turkish Kurds) to the skies, the analagous Shia battle is mysteriously unpraised.

Qu’elle mystery.

Finally this battle is invariably ‘framed’ by the Keyboard Kolonists as a battle between ‘democracy’ and ‘islamo-fascism’ and ‘ba’athism’ we see it that way cos we are white, middle class, western and assimilated (most of us having had the ‘benefits’ of a Western education).

Needless to see, that’s not how THEY see it. Instead, they see this as a battle between democracy (in a nationalist/religious framework) and colonialism, which was, the last time i checked, the opposite of democracy.

29

a 02.15.06 at 5:25 pm

” Is there really any difference apart from the fact that most of us think they were on the side of right and good?”

No, it’s not the fact that most of us think they were on the side of right and good. It’s the fact that they *were* on the side of right and good.

30

Trevor the Horse 02.15.06 at 5:43 pm

Chris Bertram on 26 October 2005: ‘I’ve played this “Isn’t it symptomatic that Harry’s Place hasn’t even mentioned event X” game myself in the past. So I’m in no position to object. But experience suggests that it’s a pretty silly game to play… We [at CT] are just 15 people who blog about what we feel like blogging about.’

http://hurryupharry.bloghouse.net/archives/2005/10/25/anything_happened_today.php

31

J Thomas 02.15.06 at 7:53 pm

A, a large fraction — by some accounts a majority — of the french resistance were communists, at that time and place on the side of the USSR.

But you affirm that they were on the side of the right and good.

It looks like you’ve fallen for the ancient fallacy that says if you fight known bad guys you must be a good guy. But of course, bad guys sometimes fight each other.

In the immortal words of Henry Kissenger, “Too bad they can’t both lose.”.

Except they can both lose….

32

burritoboy 02.15.06 at 9:27 pm

Um, some pretty big fallacies here about the French Resistance:

The French Resistance certainly was considered terrorists both at the time by the Petain regime and the Nazis. The region of France was ruled by a complex arrangement between various entities in Nazi Berlin, various German officials within France, the Petain government and the local French political institutions, most of which operated before, during and after the war. The Resistance used violence against all of the above at various times and places.

At the time, the Resistance was considered (by the Nazis, the Petain regime, etc) terrorists because, IF the Petain regime and the Armistice between Nazi Germany and pre-Vichy France are legitimate, the Nazis were not invaders of France (after the Armistice signing) but helpers from an allied regime asked by Vichy France to assist the new Vichy regime. (This interpretation is complete nonsense, of course, but it’s possible if you view Vichy France as a legitimate regime).

The Resistance would use violence on Nazi soldiers, but it also used violence on German civilians (whatever that might mean), entities of the Petain regime and (depending on circumstances) persons who could be considered French civilians.

A huge amount of Resistance activity was against, for example, the Milice and it’s supporters (a uniformed paramilitary secret police of the Vichy Regime). In official Vichy, the Milice were a completely legal police force.

In a legitimate regime, of course, killing members of the police is terrorism. But was killing members of the Milice terrorism or legitimate insurgency?

Also, it’s simply not true that Stalinists were predominant in the Resistance. It’s true that the Left broadly was in a majority in the Resistance, but that includes Socialists, Anarchists, and so on. Anyway, all of the Resistance groups united under De Gaulle (hardly any sort of Leftist) so the Resistance was not, as a whole, carrying much water for Stalin. And, of course, Stalin at that time was an ally of the US, UK, Canada, Australia and so on.

33

J Thomas 02.15.06 at 11:18 pm

Burritoboy, I agree with most of what you say. A minor pont — a lot of french people have claimed that the resistance was united in name only. The communists and the anticommunists didn’t much trust each other and did limited cooperation.

Not even all the communists were stalinists, but most of them appeared to favor the USSR over germany.

And of course, if we’re looking at the fallacy of “anybody who fights a bad guy is a good guy”, Stalin is a prime counterexample. His temporary nonaggression pact with Hitler was as valid as his temporary alliance with the USA etc.

When A says that not only did we *think* somebody was on the side of Right and Good but that they actually *were* on the side of Right and Good, I think he’s seeing with a clarity that Reality does not provide.

34

Sebastian Holsclaw 02.15.06 at 11:54 pm

If we can’t agree that fighting the Nazis is right and good I can’t imagine that we have enough of an understanding of morality in common to fruitfully discuss fighting in more difficult cases.

35

soubzriquet 02.16.06 at 1:38 am

Sebastian: so Stalin was on the side of right and good? I don’t think there was ever any contention that fighting the Nazi’s wasn’t the right thing to do. In simplistic terms, as noted elsewhere, fighting a bad guy doesn’t make you a good guy.

Burritoboy: I’m doubtful you could make a meaningful definition of `legitimate regime’ in this context, or a definition of `terrorism’ that held up to scrutiny but allowed your statement. I do think that it would be easy to find agreement that there is something quite different in targeting civilians and targeting police or military. I’m quite convinced that no such easy deliniation between `terrorist’ and `insurgent’ or `legitimate’ and ‘illegitimate’ regime is likely to be found. I’m also most of the way convinced that `terrorist’ has been rendered useless as terminology by recent abuse.

36

abb1 02.16.06 at 3:23 am

But you affirm that they were on the side of the right and good.

It looks like you’ve fallen for the ancient fallacy that says if you fight known bad guys you must be a good guy. But of course, bad guys sometimes fight each other.

Granted, however: fighting for a right cause and being a “good guy” are two different concepts.

Fighting for a right cause in any particular situation doesn’t necessarily make you a “good guy”. And conversely: being a reputed “good guy” doesn’t necessarily mean that you’re always fighting on the side of the right and good (George Washington vs Iroquois).

I think it’s because the “right and good” exists in a situation-specific binary context, and the “good guy” is a subjective assessment of complex ideology or personality.

37

Z 02.16.06 at 3:42 am

Seconding Burritoboy, I would like to provide a few facts about french Résistance. They most certainly did carry acts of violence against civilians, and in a large scale to boost. Notables and journalists collaborating with Vichy and/or the occupying forces were a prime target. Though French aren’t particularly keen to hear about it, some groups did not care too much if the bomb they used to kill their target also killed a handful of bystanders.

Nazi propaganda were keen to paint some of the most heroic résistants, la M.O.I for the connoisseurs, as ruthless foreigners trying to plunge France into barbarism (they were indeed from Armeny, Spain, Poland, Romania, Russia…).

So I don’t see how this new law could distinguish between the insurgency in Iraq and (some important elements of) french Résistance. Unless of course one resorts to the old distinction between their terror and ours.

One more thing, the government of Vichy was as legitimate as one can be in a state under occupation from a foreign power: it was instituted with an overwhelming majority of the elected parliament.

38

bad Jim 02.16.06 at 3:57 am

The Spanish Civil War presented a such a tangle that, to put it delicately, it was often quite clear that the enemy of your enemy was not your friend. The Falangists were clearly of the same ilk as their allies the Nazis and the Fascists, yet the Republic’s Communist allies were Stalinists, and if anyone these days has a kind word for the Anarchists I haven’t heard it.

At a time when indefinite confinement without judicial recourse, warrantless surveillance and even torture are deemed the routine prerogative of the state in a time of war which is expected to persist indefinitely, Americans ought to be excused for their failure to be outraged by an ambiguous hate crime bill in another country, which might, for all I know, still have laws against blasphemy on its books.

39

Brendan 02.16.06 at 4:38 am

Right: here’s the nub of the matter. Are we all agreed that ‘fighting the Nazis was right and good’? Good.

OK. Next question: why? And don’t start going on about the Holocaust etc: we started fighting the Nazis long before the Holocaust started (well most of us anyway).

So: why did we fight the Nazis?

Here’s a clue here and here and here.

It wasn’t because of Nazi anti-semitism. It wasn’t because of the Holocaust. It wasn’t because the regime was racist or because it sought an Empire (it could hardly be with Stalin and the British Empire on the ‘good guys’ side). It wasn’t because Germany was a totalitarian state (again, cf the USSR).

It was purely and solely and only because……

Germany started it.

As Nuremberg put it: waging aggressive war is “the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.”

Moreover: ‘No political or economic situation can justify” the crime of aggression. And ‘no’ here really does mean ‘no’. Nothing no how, no way, not anything ever justifies invading another country (unless you have reasonable grounds for suspicion that that other country posed a threat to you).

Supreme Court Justice Robert Jackson also said: “If certain acts in violation of treaties are crimes they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.’

In other words, if the US invades another country, it is on the same moral level as Nazi Germany. No ‘ifs’ ‘ands’ or ‘buts’. No get outs. End of story.

Now: what is a war of aggression?

‘ “Aggression is the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations, as set out in this definition,” according to General Assembly Resolution 3314.The only two situations where the UN Charter permits the use of armed force against another state is in self-defense, or when authorized (i.e. explicitly) by the Security Council.’

In WW2, we did everything we could to avoid war, but Germany and Japan and Italy chose to spit in our faces when we tried to attain peace. Because we had tried everything it was very clear that Germany and Japan and Italy were the ones who were morally in the wrong. They started it. They were the ‘active’ ones, we were the ‘passive’ ones. We, to spell it out, were acting in self-defence. They were the aggressors.

And ever since, sane people have not been concerned with who was ‘totalitarian’ or not, or who committed ‘human rights violations’ (who casts the first stone here?). The question is (and it is the only question), who started it? Who invaded whom, and on what pretext?

If there was no pretext (that is if the invaded country posed no threat to the invader) then the invader is always morally wrong, and the invaded country always morally right (at least in the matter of the war).

This is not moral relativism, or cultural relativism, or appeasement (on the contrary, in all three cases). It is simply to look reality in the face. The invader, be it Genghis Khan, the Roman Empire, the British Empire, Nazi Germany, the USSR, China in Tibet or…let us say…more recent examples is ALWAYS morally in the wrong (unless, to repeat, they had a reasonable reason for invasion).

There is no debate, no discussion. This is what all sane, good people believe. Ergo, those who disagree with it are either not sane or evil. There is no third alternative.

40

yonray 02.16.06 at 5:14 am

I don’t want to put words in his mouth, but perhaps a would say that it’s OK to invade if you are right and good. You have to be absolutely sure of being right and good of course – you know, give it a jolly good think through first.

41

soru 02.16.06 at 5:29 am

There is no debate, no discussion. This is what all sane, good people believe. Ergo, those who disagree with it are either not sane or evil. There is no third alternative.

So, if a document came to light proving that, as it happens, a Polish cavalry unit did, as German propaganda claimed, for some reason carry out a raid across the border, then that would change your opinion about which was the right side to have fought on in WWII?

soru

42

abb1 02.16.06 at 5:57 am

Proportional. Of course response to a provocation or an aggression has to be proportional. So, yes, there can be a discussion, as long as everybody’s on the same page in respect to the underlying principle of non-aggression.

Otherwise we are back to separating sheep from the goats, which is a job for the son of god and all his holy angels.

43

Matt McGrattan 02.16.06 at 6:07 am

With the combination of the various assaults on civil liberties promulgated by this government and the upcoming ‘abolition of parliament act’ it’s pretty hard not to read sinister motives into what they are doing. Even for relative non-paranoids like myself…

44

ajay 02.16.06 at 6:12 am

So, if a document came to light proving that, as it happens, a Polish cavalry unit did, as German propaganda claimed, for some reason carry out a raid across the border, then that would change your opinion about which was the right side to have fought on in WWII?

Soru: no. If, however, it came to light that the Polish army in September 1939 was on the brink of invading and subjugating Germany, dispossessing German citizens, and bringing Germany into a new Polish Empire; if, moreover, the Polish army was actually capable of doing so; if all attempts to avoid war by Hitler and his government had failed – then, yes, I would say that the German invasion of Poland (though not their subsequent behaviour as occupiers) was a justified act of self-defence, and that Britain and France, by going to war on Poland’s behalf, were taking the wrong side – the side of the aggressor.

But this is verging on saying “Well, suppose Hitler was in charge of Poland and the Polish army was the Wehrmacht. Would you still think Poland was right?” To which the answer is: of course not.

45

Brendan 02.16.06 at 7:13 am

‘So, if a document came to light proving that, as it happens, a Polish cavalry unit did, as German propaganda claimed, for some reason carry out a raid across the border, then that would change your opinion about which was the right side to have fought on in WWII?’

Well that’s an interesting point. People forget why Hitler invaded Poland: or, be more specific, why he claimed he ‘had’ to invade Poland. In the case of both Poland and the USSR, Hitler claimed he was acting defensively: in other words, he claimed THEY started it.

Reading through Hitler’s declaration of war, one is struck with a sense of deja vu. Hitler argues that Poland was a dictatorship: ‘Poland was never a democracy. One very thin anemic upper class here ruled not only foreign nationalities but also its so-called own people. It was a State built on force and governed by the truncheons of the police and the military…’ and that it was guilty of grave human rights violations. ‘the misery of those who, numbering not thousands but millions, were forced to leave their home country on (merely because they) were Germans….Tens of thousands (of Germans) were dragged off, mistreated, and murdered in the vilest fashion. Sadistic beasts gave vent to their perverse instincts….’

Those who failed to stand up to the Polish menace were accused of being appeasers: ‘this pious democratic world watched without blinking an eye’ (i.e. at the ‘mass murder’ of Germans carried out by the Poles). Hitler argued that he had tried to be a ‘moderate’ and was doing his utmost to avoid war ‘ I attempted to find a solution – a tolerable solution – even for this problem. I submitted this attempt to the Polish rulers in the form of verbal proposals. You know these proposals. They were more than moderate…. ‘

So far and so predictable. All colonialists always use ‘human rights’ as a causus belli, they always claim that they are trying to ‘avoid war’, they always claim that they are ‘men of peace’, they usually point out the undemocratic nature of the state they are invading, they accuse those who will not join them in ‘defending themselves’ as being appeasers, they claim to be invading to safeguard the rights of minorities (Hitler actually uses this phrase), they claim that their opponents are in breach of ‘international law’ (‘Mr. Roosevelt went even farther. In contradiction to all the tenets of international law, he declared that he would not recognize certain Governments which did not suit him, would not accept readjustments, would maintain Legations of States dissolved long before or actually set them up as legal Governments.’).

Now no one believes this gibberish by invaders (except the wicked or stupid) nor should they.

In what way, therefore, did the US go beyond Hitler? In what way were Bush and Blair more extreme than Hitler?

In this way: Hitler claimed that his moves for peace were met with ‘renewed acts of terror, and finally attacks against Reich territory.‘.

Now this was a lie of course, but an important lie. It shows that Hitler accepted the basics of international law: that one cannot attack a state unless one is attacked first. He felt he had to lie to (as it were) protect that principle (and I won’t go into the details of the speech, but he made the same claim vis a vis the USSR and the US).

What is terrifying about Bush and Blair is that they reject not just the realities of the principle but the principle itself. Not even Hitler or Stalin went this far. In justifying the invasion of Iraq, Britain and the US uphold a new principle that they can attack and invade any country they wish, anywhere, at any time for no reason at all. Moreover, they can then move their troops in (more or less permanently) and then (in breach of the Geneva Conventions) do what the hell they want there.

This is the nature of the threat, and it is serious and real. The real lessons of World War 2 were learnt by the world and they are threefold.

1: Aggressive war is always and in all circumstances wrong, by any state.

2: Aggressive war always and invariably ends in barbarism. To be in favour of aggressive war and then to distance yourself from the torture and murder and rape that always and in all cases follows is a meaingless position. If you are in favour of aggressive war, you are in favour of rape and murder and torture. Trying to pretend you ‘didn’t know that would happen’ is simply a lie. You knew it would happen, and by your actions and words you helped it to happen. There is no middle way.

3: Appeasement doesn’t work. Once the aggressor conquers one state it will then inevitably want more.

46

john m. 02.16.06 at 7:30 am

“In justifying the invasion of Iraq, Britain and the US uphold a new principle that they can attack and invade any country they wish, anywhere, at any time for no reason at all.”

Actually, I think this is untrue and that the rationale they used is a great deal more unsettling. They made the case that Iraq represented a future threat. This is consistent with their constant references as to how history will judge them correct etc. For them, history is something that will happen in the future.

47

soru 02.16.06 at 7:32 am

In what way, therefore, did the US go beyond Hitler? In what way were Bush and Blair more extreme than Hitler?

While your logic is impeccable, I fear the conclusion you draw does rather serve to cast doubt on the premise you started from.

soru

48

Brendan 02.16.06 at 7:56 am

‘Actually, I think this is untrue and that the rationale they used is a great deal more unsettling. They made the case that Iraq represented a future threat. This is consistent with their constant references as to how history will judge them correct etc. For them, history is something that will happen in the future.’

LOL!! Yeah fair point.

As for Soru’s point, I think he is under the bizarre (though common) impression that ‘we’ ‘cannot’ be ‘imperialist’ because ‘we’ are ‘democracies’ and ‘only’ ‘totalitarian states’ have Empires, are Imperialistic etc.

In fact, as the Roman Republic and the British Empire (amongst others) showed, it is perfectly possible to have a democracy and still run an Empire. Whether this can be done in the long run however is much more dubious. It’s likely that in the long run you either have to lose your Empire (as in the British case) or lose your democracy (as in the Roman case).

In either case, if you are going to bring back imperialism and argue that it’s now a good thing, then you have to get rid of the Treaty of Westphalia, as the US is more or less openly trying to do. Not even Hitler went this far in public (although of course everyone understood that his intention was to gut it and reduce its ‘power’ such that it became meaningless). From the point of view of international law, therefore, I would still argue that Bush and Blair are attempting at least to be more ‘extreme’ than Hitler or Stalin.

49

Anatoly 02.16.06 at 8:06 am

It’s only a silly game when their side are the ones playing it, #30.

50

J Thomas 02.16.06 at 9:26 am

Brendan, your moral stand is consistent and it makes sense. However, I don’t think it explains the US response to WWII which was not consistent and did not particularly make sense. Nor does it fit US policy since then.

Back to earlier points, as others have pointed out, to be Right and Good sometimes you have to fight against both sides, or any way against two or more sides. Stalin was only marginally better than Hitler. Stalin’s concentration camps weren’t designed to work people to death — they just accidentally had that effect. But it wasn’t generally as bad. Polish jews who went into russian concentration camps had markedly better survival rates than the ones who went into german concentration camps. But then there were the purges that got a lot of innocent people killed, maybe millions, and the kulak thing … actually I’m not at all sure that Stalin was marginally better.

And yes, the french resistance put a lot of its effort into going after french civilians — enemy french civilians. They did not of course go after random civilians on the theory that if the civilians saw the Vichy government couldn’t protect them from the Resistance, then the civilians would overthrow the government. The only resistance movement I’ve heard of that tried that approach was the Contras, for whom it failed utterly.

“Too bad they can’t both lose.” If we had given less aid to Russia, or held off longer on our other attacks, or given aid to germany when they started losing, we might have increased russian casualties by ten million or if we tined it perfectly maybe as much as forty million. When the germans and russians completely exhausted each other we could have advanced all the way to the russian border. Hell, take the ukraine and other disaffected areas. We might have avoided the whole Cold War, and taken fewer casualties of our own as well.

Of course it didn’t quite work in the iran/iraq war. We tried to secretly support iran and word got out, iran and iraq agreed to peace on the original border. Both governments and a lot of their people developed a deep distrust of us after that, reasonably enough.

Oh well. We declared war on germany because they declared war on us first. We sank german ships before that because they were enemies of britain and we were glad to help out our friends. There were loud groups advocating we help germany, and they didn’t get arrested until we were at war. We could not have aided whichever side looked weaker at the moment to maximise casualties because our public wouldn’t have stood for it, they were idealistic and our own propaganda was talking about how great Papa Stalin was.

Oh well. If every american believed it was right and good to fight hard for the second-worst side, Gore would be president today.

51

Chris Lightfoot 02.16.06 at 10:02 am

It is impossible to understand the full idiocy of the “glorification of terrorism” offence without looking at the definition of “terrorism” as used in the present Bill. It is,

the use or threat of action where–

(a) the action […]

(i) involves serious violence against a person,

(ii) involves serious damage to property,

(ii) endangers a person’s life, other than that of the person committing the action,

(iii) creates a serious risk to the health or safety of the public or a section of the public, or

(iv) is designed seriously to interfere with or seriously to disrupt an electronic system,

(b) the use or threat is designed to influence the government or to intimidate the public or a section of the public [or…] involves the use of firearms or explosives, and

(c) the use or threat is made for the purpose of advancing a political, religious or ideological cause.

(References to “government” include foreign governments and references to “the public” include citizens of foreign countries.)

So, recent examples of terrorism under this definition include the recent wars against Iraq and Afghanistan, and the NATO bombing campaign in Kosovo. Older wars (e.g. the recapture of the Falklands) may be excluded by a twenty-year time limit (events before which may be glorified without risk).

The only thing that would protect (say) Tony Blair from prosecution for “glorification” in his statements about British and US actions in Iraq is the fact that each prosecution will have to be approved by the Attorney-General, whom he appoints; presumably it would “send” the wrong “message” to start prosecuting members of the government for advocating government policy.

52

jet 02.16.06 at 12:13 pm

the cubist,
Clever.

53

Sebastian Holsclaw 02.16.06 at 12:14 pm

“so Stalin was on the side of right and good?”

Yes. When Stalin was fighting the Nazis he was fighting on the side of right and good.

From your tone I think you expected me to answer “no”. The thing about moral judgments is that you have to actually bother with the judgment part. Wringing your hands and complaining that it is oh so difficult to judge and that of course we have to take everyone’s point of view into account because they believe they are right doesn’t let you off the hook. The fact that the Nazis thought they were on the side of right and good doesn’t complicate our analysis at all. The fact that Islamist terrorists think they are doing Allah’s work doesn’t complicate our analysis at all.

The fact that most fanatics can justify themselves to themselves isn’t nearly as interesting or insightful as so many people seem to think. You seem to recognize it in Bush supporters and have absolutely no problem identifying it as wrong. Too bad you can’t do that with Islamist terrorists.

54

Roman Levin 02.16.06 at 12:25 pm

So a mass-murderer was “fighting on the side of right and good” because he was fighting another mass-murderer? Well, I guess you have a point, as long as by “fighting on the side of right and good” you mean that he was doing a thing that was good, regradless of anything else he might be doing.

55

jet 02.16.06 at 12:28 pm

When Vietnam invaded Cambodia, that was usually considered a good thing and no one would confuse the Vietnamese government as a “good” one. Makes Stalin’s ability to fight on the side of good a little clearer, I think.

56

Peter 02.16.06 at 12:42 pm

Jet (55):

“When Vietnam invaded Cambodia, that was usually considered a good thing . . .”

with the exception, as I recall, of Noam Chomsky.

57

J Thomas 02.16.06 at 12:43 pm

Sebastian, once again you have shown an absolute moral bankruptcy.

It would be just about as easy to say that Hitler was fighting on the side of right and good because he was fighting Stalin — he just happened to start fighting Stalin about 5 or 6 years earlier than we did.

It isn’t enough to argue against moral relativism. If you want to take a moral stand, it’s important to actually pick a good side.

Which you have failed to do.

Arguing that anybody who fights against an evil side is fighting for good, would imply that arab terrorists are on the side of good because they’re against Bush. It’s utterly silly.

Evil can fight evil, and the outcome may be good, bad, or random.

HTH, though I don’t have a lot of hope for you.

58

Sebastian holsclaw 02.16.06 at 1:29 pm

“Arguing that anybody who fights against an evil side is fighting for good”

I said that in fighting against the Nazis Stalin was fighting on the side of right and good. I certainly did not say that he was himself right and good nor did I say he was fighting for good. I don’t believe that every soldier who fought on the Allied side of WWII was a virtuous person either. I don’t think everyone who fought for the Axis side was diabolical. But the former fought on the side of right and good while the latter didn’t. Your inability to see the distinction is causing problems in the discussion.

This discussion came about because someone upthread objected to a silly comparison between the French resistance and Islamist terrorism. The exact quote (the context being a discussion of a rule against the glorification of terrorism) is “Is there really any difference apart from the fact that most of us think they were on the side of right and good?” The response objected to was: “No, it’s not the fact that most of us think they were on the side of right and good. It’s the fact that they were on the side of right and good.”

You then wander even further off topic with the misinterpretation: “But you affirm that they were on the side of the right and good.

It looks like you’ve fallen for the ancient fallacy that says if you fight known bad guys you must be a good guy. But of course, bad guys sometimes fight each other.”

Commenter “a” didn’t fall for that fallacy. You had to change the focus of his comment to get that. He did not attest to the virtue of all people who fought for the Allied side. He attested that the Allied side was in the realm of “right and good” in fighting the Nazis.

Coming back to the original post, I’m sure that the legislators see the distinction between supporting terrorists and supporting the French resistance as a similar distinction. There is a distinction, but I’m pretty close to a free speech absolutist so I don’t think it is a distinction worth observing in the context of outlawing speech.

59

soubzriquet 02.16.06 at 2:55 pm

Sebastion: You are inferring far more than you have any logical basis to from my question (you have also made a rather large leap about bush supporters and `islamist terrorists’ which certainly has nothing to do with my comment and I don’t believe could be supported by anything I have said here, which is strange. Or are you confusing me with someone else?).

In any casea, I actually wanted you to clarify. Now that you have, we have established that if the act itself (fighting the Nazis) was on the side of `right and good’, that has no implication that the actors (i.e. the allies) were `right and good’. From this it would follow far more strongly than your later hedgeing about `not all the allied soldiers’ that using this seperation of ideas it is entirely possible that there were no `good guys’ (not thinking at the level of individuals here) at all, correct? I am not saying that was the case, just that your way of using the terms implies this. If I understand you correctly, you are suggesting that we seperate moral judgement of actions completely from moral judgement of actors? So to reach some sort of moral judgement of the actors themseelve in the topical context, we would tot up the good, neutral, and evil acts done by each nation in the course of the war, and arrive at a sort of averaged stance?

60

J Thomas 02.16.06 at 3:15 pm

Sebastian, you still don’t get it. No reason to think you would.

You are saying that anyone who fights *against* an evil is fighting on the side of right and good. That’s wrong.

Isn’t it peculiar how often people tend to copy their enemies! The Fedayeen have traditionally organised to fight *against* a wrong, and not *for* anything in particular. Same sort of thinking.

So to take an unrelated example, just because the israelis are wrong and there’s no rational justification for their nation, doesn’t make the palestinians particularly right. It’s a fight between wrong and wrong.

Think about it. Give it a try. You have nothing to lose.

But then, when I read your post again, it’s possible I’ve completely misunderstood you. Maybe you aren’t saying that the Allies were right and good because they fought against the Nazis. Maybe you’re implicitly saying that the Allies were right and good because they were our side, and the USA is inherently on the side of right and good. I don’t have a lot to say in response to that, except if that’s what you were saying I apologise for misunderstanding you.

61

Daniel 02.16.06 at 5:13 pm

When Vietnam invaded Cambodia, that was usually considered a good thing

Usually considered by people who don’t know all that much about Cambodia and Vietnam. This is the “liberal left”[tm]’s favourite example of a humanitarian intervention that was a good idea and it wasn’t. You wouldn’t have thought it was possible to invade Pol Pot’s Cambodia and make things worse but the Vietnamese managed it; something like a million extra people needlessly died.

62

Sebastian Holsclaw 02.16.06 at 5:16 pm

No and no. The cause of fighting the Nazis was right and good. Those fighting for that cause were fighting on the side of right and good at the time they were fighting. That does say anything about their inherent goodness or lack thereof. That includes Stalin, Churchill and random other people.

63

soubzriquet 02.16.06 at 7:38 pm

Sebastian: not sure how you intended your `no and no’ to line up, but you appear to be agreeing with my characterzation of your position, so glad we cleared that up.

64

Dan Simon 02.17.06 at 2:13 am

It wasn’t because of Nazi anti-semitism. It wasn’t because of the Holocaust. It wasn’t because the regime was racist or because it sought an Empire (it could hardly be with Stalin and the British Empire on the ‘good guys’ side). It wasn’t because Germany was a totalitarian state (again, cf the USSR).

It was purely and solely and only because……

Germany started it.

Precisely. That’s why the Nazis were able to remilitarize the Rhineland, annex the Sudetenland, “merge” with Austria, and absorb the rest of Czechoslovakia, without anyone lifting a finger to stop them. Perhaps if the statesmen of the day had had a bit more concern for basic morality, and a little less of Brendan’s fetish for territorial integrity, the history of the twentieth century might have proceeded differently.

The invader, be it Genghis Khan, the Roman Empire, the British Empire, Nazi Germany, the USSR, China in Tibet or…let us say…more recent examples is ALWAYS morally in the wrong (unless, to repeat, they had a reasonable reason for invasion).

I agree completely. Now, let’s discuss the really interesting question: what constitutes a “reasonable reason for invasion”?

65

Dan Simon 02.17.06 at 2:26 am

You wouldn’t have thought it was possible to invade Pol Pot’s Cambodia and make things worse but the Vietnamese managed it; something like a million extra people needlessly died.

If I recall correctly, Shawcross claimed that the stories of mass post-invasion starvation were exaggerated by the Vietnamese in order to encourage foreign aid, and that once they were freed of the Khmer Rouge’s starvation-inducing policies and allowed to forage for food as best they could, Cambodians in rural areas were generally able to find enough to eat.

66

abb1 02.17.06 at 4:45 am

Perhaps if the statesmen of the day had had a bit more concern for basic morality, and a little less of Brendan’s fetish for territorial integrity, the history of the twentieth century might have proceeded differently.

Statesman’s basic morality is concern and respect for sovereignty and territorial integrity of other states.

67

soru 02.17.06 at 4:57 am

Statesman’s basic morality is concern and respect for sovereignty and territorial integrity of other states..

Morality is about the treatment of human beings. What you are describing is either a rule of thumb, which is fair enough, subject to discussion and debate, or dogma, which isn’t.

soru

68

Brendan 02.17.06 at 5:37 am

‘Precisely. That’s why the Nazis were able to remilitarize the Rhineland, annex the Sudetenland, “merge” with Austria, and absorb the rest of Czechoslovakia, without anyone lifting a finger to stop them. Perhaps if the statesmen of the day had had a bit more concern for basic morality, and a little less of Brendan’s fetish for territorial integrity, the history of the twentieth century might have proceeded differently.’

WTF??? Are you on drugs? No, but really? So the reason that Germany was allowed to seize territory that didn’t belong to it (i.e. violate other state’s territorial integrity) was because statesmen of the time had too much concern for territorial integrity?

In any case, Hitler’s seizure of (for example) the Sudetenland was a flagrant breach of the Treaty of Versailles. So it would be much more accurate to say that if statesmen of the day had had a basic concern for international law, then the 20th century would have proceeded differently.

In any case, someone who thinks that invading and seizing large tracts of land (and people) is something OTHER than an issue of basic morality is clearly out to lunch.

Did your Mummy never teach you that taking things that don’t belong to you is wrong?

[incidentally; ‘what constitutes a “reasonable reason for invasion”?’. Luckily, I dont have to answer that question as international law answers it for me. If you are attacked, or if you have reasonable grounds for thinking you are about to be attacked, or if the security council authorises it. Those are the only three reasons that justify war. If at least one of them is not met, your war is unjust and immoral by definition. These principles were all put in place to stop Hitler’s war (or anything like it) happening again. They weren’t put in place for a laugh, or for the good of anyone’s health].

69

abb1 02.17.06 at 6:03 am

Morality is about the treatment of human beings.

States are not human beings, they are legal entities. The equivalent of morality among the states is respect for sovereignty of other states. That’s the most you can demand from the states and you’re lucky if you get that much.

70

soru 02.17.06 at 6:12 am

If you are going to make demands you don’t expect to be met, why not demand something potentially useful?

soru

71

J Thomas 02.17.06 at 6:28 am

I’m having trouble sleeping. I’ll pay for it in the morning.

Soru, to my way of thinking, ethics is about the treatment of human beings by other human beings. Morality is about attempting to persuade third parties that you are good and the other guy is bad.

When a government leader makes a choice about government, it affects thousands or millions of human beings in unknown ways. He has to guess about that, based on the abstractions he has available. Usually he won’t get much data about the results.

So for example, sometime after D-Day three american soldiers broke into a french farmhouse. They tied up the man and raped his wife and daughters in front of him. This was not directly the fault of the US Army or the US government. The Army would have gladly hanged those soldiers if it could catch them, but it couldn’t. So they gave the wife and daughters free treatment at a US Army medical clinic, and apologised, and that was that.

It was inevitable that there would be a few thousand (or a few tens of thousands of) cases like that. Draft a bunch of young men, give them weapons and put them among unarmed foreign civilians…. It wasn’t the intention of anyone in the government that it happen. We had to figure it was worth it, that getting enough stability that the crops could come in and people generally could get enough to eat was worth a whole lot.

I think ethicly it’s important to take care of people when you can, and also it’s important to let them make their own choices. If they insist on making bad choices for themselves then it’s wrong to force them into good choices. And if they think they’re ready to die then it’s wrong to force them to live. But government is *all about* forcing people to change their behavior. In practice governments do a lot of things that involve voluntary cooperation, but those are all things that don’t absolutely have to be done by governments. Governments coerce, whether it’s generally with the consent of the governed or not. The existing governments have a sort of ‘gentleman’s agreement’ that they won’t invade each other, that they won’t encroach on each other’s spheres of coercion. When a particular government has no friendly governments then the others tend to agree that it’s OK to invade them. (This was true for Idi Amin’s uganda, for example, and turkmenistan is heading there.) When governments do make their young men fight, their spokesmen argue about who is justified and who is not. This is part of morality, they argue about who’s good and who’s bad hoping to impress third parties. These arguments are usually utterly ineffective — other governments intervene according to their own interests with no real concern for morality except that they need something to announce to their people.

People generally aren’t too picky about the excuses for war, unless they have personal reasons to disapprove. Like, we officially invaded panama because Noriega violated US drug laws. (We also had the excuse that panama had already declared war on us, that we recognised an ad hoc government which was too weak to compete with Noriega and which invited us to invade. Also we were “protecting american lives” and guarding the canal.)

In general the citizens of a given nation will accept any excuse for a war that looks like it will be easily won. And third-party foreign nations generally don’t intervene unless their interests are threatened. Why do we argue about morality at all? Mostly, because moralists enjoy talking about it.

So OK, here’s a new moral argument. I say that there’s a fundamental difference between using WMDs (particularly nukes) on your own land to repel a foreign army, versus using WMDs in a foreign country on foreign civilians.

I say people have more right to nuke their own country (and foreign invaders) than they do to nuke other countries.

When we threatened to nuke iraq if the iraqi army used poison gas, we were pretty far in the wrong.

But it was convenient for us. The war would not have been quite as quick and easy if we’d faced poison gas and we didn’t know that the iraqi army wasn’t ready to use the stuff.

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J Thomas 02.17.06 at 7:44 am

If you are going to make demands you don’t expect to be met, why not demand something potentially useful?

If you demand ten million dollars in small unmarked bills, they’re likely to decide you’re a terrorist or something and take drastic action.

But it’s OK to demand world peace. And while you’re at it you could also demand a pony.

73

Dan Simon 02.17.06 at 1:15 pm

So the reason that Germany was allowed to seize territory that didn’t belong to it (i.e. violate other state’s territorial integrity) was because statesmen of the time had too much concern for territorial integrity?

More precisely, too much of Brendan’s idiosyncratic obsession with not militarily violating territorial integrity. That’s why, when Nazi Germany used threats and internal subversion to subjugate its neighbors, the major powers on the continent were reluctant to respond with military force. Remember “peace in our time”?

I thought everybody knew this.

‘what constitutes a “reasonable reason for invasion”?’. Luckily, I dont have to answer that question as international law answers it for me. If you are attacked, or if you have reasonable grounds for thinking you are about to be attacked, or if the security council authorises it.

Precisely–Chamberlain would have been proud of you. Neither of these conditions would have applied in Europe in the 1930’s until the invasion of Poland–and possibly not even then, from the point of view of Britain and France.

74

Brendan 02.17.06 at 1:43 pm

Dan

The Treaty of Versailles (not to mention the Nuremberg trials) just passed you by didn’t they?

Incidentally, a bloke down the pub told me you were developed nuclear weapons or biological weapons or biological washing powder or something in your house so I’m going to drive a bulldozer through your front wall, empty your bank account, imprison your partner and torture your dog. Then I’m going to run your household the way I want for a couple of years. You might get it back eventually if you’re nice, but I’m not promising anything. And remember this is for your own good.

That’s ok, yeah?

What’s wrong? You aren’t one of those crazy liberal communists with an idiosyncratic obsession with not having your territorial integrity (and perhaps much else) violated, are you?

[Historical note: the fact that you don’t even mention and obviously don’t know about Mussolini’s invasion of Abyssinia, or the Spanish Civil War, or the Japanese invasion of China, all of which, last time I checked, predated the invasion of Poland shows there really is no point in continuing this discussion].

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Dan Simon 02.17.06 at 2:51 pm

The Treaty of Versailles (not to mention the Nuremberg trials) just passed you by didn’t they?

Well, if you consider a surrender document imposed on Germany by a bunch of still-colonial powers at the point of a gun in 1919 to be a valid legal pretext for invasion a quarter-century later, then surely the 1991 Security Council resolutions will do for the Iraq campaign in 2003–right?

What’s wrong? You aren’t one of those crazy liberal communists with an idiosyncratic obsession with not having your territorial integrity (and perhaps much else) violated, are you?

As an individual, I have no “territorial integrity”. I have a bunch of legal rights which fortunately the government of the country in which I live happens to respect. Unfortunately, the governments of most other countries don’t even respect the legal rights of their own citizens, let alone mine. The idea that putting all those governments’ representatives in a room and letting them make decisions about other countries’ behavior will lead to a reasonable notion of “international law”–or anything but unspeakable horror, for that matter–is just fantasy.

76

Brendan 02.17.06 at 3:11 pm

‘Well, if you consider a surrender document imposed on Germany by a bunch of still-colonial powers at the point of a gun in 1919…’

OK Herr Hitler you’re right. You can have the Sudetenland. Actually have Czechoslovakia too, most of us Brits can’t even spell it.

‘I have a bunch of legal rights which fortunately the government of the country in which I live happens to respect.’

HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA!!!!!!!!!!!

And what country would this be? You are not implying it’s the US are you?…oh please don’t, you crack me up. I have to go out later and my mascara will be all smudged.

While I’m out please feel free to scroll up to the Maher Arar post, and read the comments (and the link). In case you have white skin, in which case you’re right: you probably are safe.

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John Quiggin 02.17.06 at 8:52 pm

“Jet (55):

“When Vietnam invaded Cambodia, that was usually considered a good thing . . .”

with the exception, as I recall, of Noam Chomsky.”

Actually, with the exception of the US government, which repeatedly voted to keep the Khmer Rouge representative seated in the UN, assisted the anti-Vietnamese “coalition”, dominated by the Khmer Rouge, and so on.

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Brendan 02.18.06 at 7:26 am

Actually I would like to retract and apologise for the tone of my response to Dan Simon, on the grounds that since my civil liberties in my own country seem to be vanishing like morning dew I am hardly in the position to lecture someone in another country who is in the same boat.

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