By Richard Falk, published on Counterpunch, May 20, 2022
Interesting analysis of the realities of international politics. Interests, boundaries and relative strength are highly relevant to international negotiations. The structure of the United Nations is as significant as the rules. Westphalian refers to a treaty from 1649 that secured the peace through recognition of national boundaries. Interestingly, I found a period map (posted above) and apparently Ukraine did not exist at the time. Most of Ukraine was part of Poland while the Donbas was Russiam, and Crimea was part of another smaller entity. Of course that was 400 years ago. It would appear, however, that the configuration of the political universe is dynamic and has to be constantly defined through dialog and other forms of negotiation. [jb]
The Ukraine War, its complexities and global spillover effects, have not been adequately depicted by either political leaders or the more influential media. Most commonly, the Ukraine War has been narrowly and reductively depicted as a simple matter of defending Ukraine against Russian aggression. Sometimes this standard portrayal is somewhat enlarged by demonizing Putin as criminally committed to the grandiose project of restoring the full spectrum of Soviet boundaries of post-1994 Russia by force as necessary. What tends to be excluded from almost all presentations of the Ukrainian struggle is the U.S. Government policy agenda of inflicting a humiliating defeat on Russia which is at once related to the defense of Ukraine yet quite separate from it in significant respects. This agenda replicates Cold War confrontations, and in the global setting, seeks to remind China as well as Russia, that only the United States possesses the will, authority, and capabilities to act as the guardian of global security with respect to the maintenance or modification of international boundaries of sovereign states anywhere on the planet. Illustratively, Israel has been given a tacit green light by Washington to annex the Golan Heights, an integral part of Syria until the 1967 War, while Russia remains sanctioned for its annexation of Crimea and its current claims to incorporate parts of the Dombas region of Ukraine have been met with harsh punitive sanctions and allegations of war crimes by the U.S. president, Joe Biden.
The most influential Western media platforms, including CNN, BBC, NY Times, The Economist, with few exceptions, have largely supported these one-dimensional governmental narrative accounts of the Ukraine War. The views of progressive critics of the manner that American foreign policy has handled the crisis are almost totally unrepresented, while the extremist right is castigated for daring to oppose the national consensus as if only the only dissenters are conspiracy inclined fascists. Almost no attention given by these media outlets to understanding either the buildup of tensions relating to Ukraine in the years preceding the Russian attack or the wider security rationale that explains Putin’s resolve to reassert its former authority in the Ukraine. Similarly, there was virtually no mainstream discussion of ceasefire/diplomatic options, favored by many peace and religious groups, that sought to give priority to ending the killing, coupled with a search for possible reconciling formulas that combined Ukrainian sovereign entitlements with some adjustments taking account of Russian concerns. The most trusted media in the West functioned as a war-mongering propaganda machine that was only slightly more nuanced in its support for the official line of the government than what one would expect from unambiguously autocratic regimes. Coverage highlighted visual portrayals of the daily brutalities of the war coupled with a steady stream of condemnations of Russian behavior, detailed reportage on the devastation and civilian suffering, and a tactical overview of how the fighting was going in various combat zones. These bellicose narratives were routinely reinforced by expert commentary from retired generals and intelligence officials, and never subjected to challenge from peace advocates, much less dissenters and critics. I have yet to hear the voice or read texts on these influential media platforms from the most celebrated public intellectuals, Noam Chomsky or Daniel Ellsberg, or even from independent minded diplomats like Chas Freeman. Of course, these individuals are talking and writing but to learn their views you have to navigate the internet in search of such online websites as CounterPunch and Common Dreams.
The fog of war has been replaced by a war fever while making the transition from helping Ukraine defend itself against aggression to pursuing a victory over Russia increasingly heedless of nuclear dangers and worldwide economic dislocations that threatened many millions with famine, acute insecurity, and destitution. The shrill assured voices of generals and think tank security gurus dominated commentary, while pleas for peace from the UN Secretary General, the Dalai Lama, and Pope Francis, if noticed at all, were confined to the outer margins of public awareness.
This unfortunate absence of reasoned and responsible debate was further distorted by highly misleading statements made by the highest public official responsible for the formation and explanation of American foreign policy, the Secretary of State, Antony Blinken. Whether out of ignorance or the convenience of the moment, Secretary Blinken has been widely quoted as explaining to the public here and abroad in prime time that the U.S. does not recognize ‘spheres of influence,’ an idea “that should have been retired after World War II.” Really! Without mutual respect for spheres of influence throughout the Cold War it is probable that World War III would have been ignited by Soviet interventions in East Europe, most notoriously in Hungary (1956) and Czechoslovakia (1968). Similarly, U.S. interferences in Western Europe as well as the defection of Yugoslavia were tolerated by Moscow. Where the most dangerous armed confrontations occurred were revealingly in the three divided country of Germany, Korea, and Vietnam where norms of self-determination exerted continuous pressures on boundaries artificially imposed on these countries for reasons of geopolitical convenience.
Since the end of the Cold War, Blinken should be embarrassed about telling the peoples of Cuba, Nicaragua, and Venezuela that the idea of spheres of influence is no longer descriptive of how the U.S. shapes its policy in the Western Hemisphere. Decades age Octavio Paz, the Mexican writer found vivid words to express the reality of such spheres: “The tragedy of Mexico is to be so far from God and so near to the United States.” As has been observed, the Russian assertion of a traditional spheres of influence has more continuity with the past than does respect for territorial sovereignty of the countries that have regained statehood within such spheres after the Soviet collapse. This recognition is not meant to express approval of such spheres, serving only as a realization of geopolitical practice that has persisted through the whole of modernity and a further sense that mounting a challenge in light of this practice is almost certain to produce friction and heighten risks of war, which in relations among states armed with nuclear weapons should induce extreme caution on the part of prudent actors. To pretend that spheres of influence are a thing of the past, as Blinken seems to be doing in relation to Ukraine, is doubly unfortunate—it is mindless about the relevance of geopolitical prudence in the nuclear age and it either ignorantly or maliciously condemns behavior of others while overlooking the analogous behavior by his own country, thereby adopting a U.S. posture of geopolitical hubris ill-suited to human survival in the nuclear age.
In the months before it became politically convenient to throw spheres of influence into the dustbin of history, Blinken was lecturing the Chinese about adhering to a ‘rule-governed’ international order that he contended was descriptive of U.S. behavior. Such an invidious comparison was a cover for confronting the quite different Chinese challenge to unipolarity being mounted as a result of China’s rising economic and diplomatic influence. A puzzle for Washington arose because it could not complain that the Chinese ascent was due to its military capabilities and its aggressive use (except, interestingly, within its traditional coastal and territorial spheres of influence). And so, the claim was made that China was not playing the game of power with respect to intellectual property rights by the rules, but what are these rules and where does their authority derive from? Blinken was careful in his complaints about Chinese violations not to identify the rules with international law or decisions of the United Nations. Wherefrom then?
There is, to be sure, a subtle complexity about rules of order in international relations, especially on matters bearing on the use of force in international relations. A normative dividing line can be identified as 1928 when many leading governments, including the U.S., signed on to the Pact of Paris outlawing war as an instrument of national policy, [see Oona A. Hathaway & Scott Shapiro, The Internationalists: How a Radical Plan to Outlaw War Remade the World (2017]. This ambitious norm, was then turned into the formulation of Crime Against Peace in the London Agreement of 1944 that provided the jurisprudential foundation for the Nuremberg and Tokyo criminal prosecutions of surviving German and Japanese political leaders and military commanders. These legal innovations, even if treated as major milestones in the development of international law, were never meant to constitute new rules of order and accountability that would bind sovereign states enjoying geopolitical stature.
Otherwise, how could one explain the conferral of a right of veto on the five permanent members of the UN Security Council, which can only be viewed as a geopolitical right of exception, at the very least within the UN context. Apologists for this seeming repudiation of a law-oriented approach when it came to the most dangerous states at the time point to the need to give the Soviet Union assurances that it would not be outvoted by the West, or otherwise it would be unwilling to participate in the UN, and the Organization would wither on the vine in the manner of the League of Nations. But if this was truly the dominant reason for the veto, there could be a less obtrusive way of providing reassurance, such as requiring decisions of the Security Council opposed by the Soviet Union to be supported by all non-permanent members. There would be no comparable need to give the four other states the veto unless there was an overriding motive to entrench in the UN Charter the prerogatives of geopolitical leverage as measured by being on the winning side in World War II.
Such an observation makes us aware that there exists not one source of normative authority in international but at least two. There is the fundamental idea deriving from the origins of the modern states system identified with the Peace of Westphalia in 1648, which accorded equality to sovereign states. And then there is a second source of largely unwritten normative authority that regulates those few states that are freed from the constraints of international law and enjoy impunity for their actions. These are the states given the veto power, and among these states are those that seek the added discretion of being non-accountable for their acts. This deference to power and national supremacy, undermines fidelity to law where it is most needed, and has long been a fundamental deficiency of sustaining peace in a nuclear-armed world. Yet geopolitics, like international law itself, possesses a normative order that is designed to impose certain limits on these geopolitical actors. The Quincy Institute recognizes this vital feature of international relations by its call for ‘responsible statecraft,’ which is roughly equivalent to my call for ‘geopolitical prudence.’
A crucial geopolitical prescription along these lines was the appreciation of spheres of influence as delimiting extraterritorial zones of exclusive influence, which might include ‘unlawful’ interventions and exploitations of weaker states (e.g. ‘banana republics’). As abusive as the diplomacy of spheres has been for targeted societies it has also been a way of discouraging competitive interventions that might otherwise lead to intensive wars between the Great Powers, and as mentioned, plays an indispensable role in reducing the prospect of dangerous escalations in the nuclear age. How Blinken can be so myopic in addressing this essential feature of world order is stunning, as is the failure of the media to expose such dangerous and self-serving nonsense.
To be sure international law is itself subject to geopolitical influence in the formation of its rules and their unequal implementation, and is far from serving justice in many critical circumstances, including its validation of settler colonialism. [See Noura Erakat, Justice for Some: Law and the Question of Palestine (2019)] Yet when it comes to upholding the prohibition on non-defensive uses of force and accountability for war crimes, it has sought to uphold the norms unless violated by major geopolitical actors and their special friends. The ad hoc International Criminal Tribunal for Former Yugoslavia, established by the UN, did not distinguish between winners and losers in the manner of the Nuremberg and Tokyo Tribunals or for that matter the Supreme Iraqi Criminal Tribunal (2005-06), which imposed a death sentence on Saddam Hussein while ignoring the U.S./UK crimes of aggression in the Iraq War of 2003.
In conclusion, it is important to recognize the interplay of international law and the geopolitical normative order. The former rests on agreement of juridically equal states as to norms and customary practice. International law also increasingly rests on voluntary compliance as illustrated by the World Court being confined in its law-declaring role to issuing ‘Advisory Opinion’ that states and international institution are permitted to disregard. Or more substantively, in relation to compliance with carbon emission pledges of parties to the Paris Climate Change Agreement of 2015.
The geopolitical normative order depends on prudence along the lines of the precautionary principle, its norms being self-interpreted, best guided by past experience, tradition, mutuality, and common sense. It should be understood that geopolitical status of the Permanent Members of the Security Council is not reflective of their de facto role in international relations. At present, only the United States, China, and Russia enjoy an existential geopolitical status; France and the UK do not, and perhaps, India, Nigeria/South Africa, Brazil have some de facto geopolitical attributes, but lack a corresponding de jure recognition.
In the context of the Ukraine War Russia is to be faulted for its flagrant violation of the prohibition of aggressive war and its war crimes in Ukrainian combat zones, and for intimating a willingness to have recourse to nuclear weapons if its vital interests are threatened. The United States is to be faulted for irresponsible statecraft or imprudent geopolitics by its replacement of a defensive role of support of Ukrainian resistance by pushing for the defeat of Russia through the massive increase of aid, encouragement of enlarged Ukrainian goals, supplying offensive weaponry, continuation of demonizing Putin, absence of advocacy of ceasefire and peace diplomacy, inattentiveness to escalation risks especially in relation to nuclear dangers, and overall manipulation of Ukraine Crisis as part of its strategic commitment to the sort of unipolar geopolitics that has emerged during the aftermath of the Cold War, which entails a repudiation of Chinese and Russian efforts to replace unipolarity with multipolarity. It is this latter tension that if not addressed points to Cold War II, feverish arms races, periodic crises, and diversion of resources and energies from such urgent global challenges as climate change, food security, and humane migration policies.
*Featured Image: Map of countries engage through Westphalian treaty that secured national boundaries for the first time.
Richard Falk is a leading international law professor, prominent activist, prolific author, and a pioneer thinker dedicated to peace and justice