Tag Archives: Israel

Turning the Ship of Ideas in a Different Direction

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Tony Judt, When the Facts Change,

Essays 1995-2010 , edited by Jennifer Homans

      In a 2013 review of Rethinking the 20th Century, I explained how the late Tony Judt became my “main man.” He was an expert in the very areas of my greatest, albeit amateurish, interest: French and European 20th century history and political theory; what to make of Communism, Nazism and Fascism; and, later in his career, the contributions of Central and Eastern European thinkers to our understanding of Europe and what he often termed the “murderous” 20th century. Moreover, Judt was a contemporary, born in Great Britain in 1948, the son of Jewish refugees. Raised in South London and educated at Kings College, Cambridge, Judt spent time as a recently-minted Cambridge graduate at Paris’ fabled Ecole Normale Supérieure; he lived on a kibbutz in Israel and contributed to the cause in the 1967 Six Day War; and had what he termed a mid-life crisis, which he spent in Prague, learning the Czech language and absorbing the rich Czech intellectual and cultural heritage.  Judt also had several teaching stints in the United States and became an American citizen. In 1995, he founded the Remarque Institute at New York University, where he remained until he died in 2010, age 62, of amyotrophic lateral sclerosis, ALS, which Americans know as “Lou Gehrig’s Disease.”

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      Rethinking the 20th Century was more of an informal conversation with Yale historian Timothy Snyder than a book written by Judt. Judt’s best-known work was a magisterial history of post-World War II Europe, entitled simply Post War. His other published writings included incisive studies of obscure left-wing French political theorists and the “public intellectuals” who animated France’s always lively 20th century debate about the role of the individual and the state (key subjects of Sudhir Hazareesingh’s How the French Think: An Affectionate Portrait of an Intellectual People, reviewed here in June).  Among French public intellectuals, Judt reserved particular affection for Albert Camus and particular scorn for Jean-Paul Sartre.  While at the Remarque Institute, Judt became himself the epitome of a public intellectual, gaining much attention outside academic circles for his commentaries on contemporary events.  Judt’s contributions to public debate are on full display in When the Facts Change, Essays 1995-2010, a collection of 28 essays edited by Judt’s wife Jennifer Homans, former dance critic for The New Republic.

      The collection includes book reviews and articles originally published elsewhere, especially in The New York Review of Books, along with a single previously unpublished entry. The title refers to a quotation which Homans considers likely apocryphal, attributed to John Maynard Keynes: “when the facts change, I change my mind – what do you do, sir” (p.4). In Judt’s case, the major changes of mind occurred early in his professional life, when he repudiated his youthful infatuation with Marxism and Zionism. But throughout his adult life and especially in his last fifteen years, Homans indicates, as facts changed and events unfolded, Judt “found himself turned increasingly and unhappily against the current, fighting with all of his intellectual might to turn the ship of ideas, however slightly, in a different direction” (p.1).  While wide-ranging in subject-matter, the collection’s entries bring into particularly sharp focus Judt’s outspoken opposition to the 2003 American invasion of Iraq, his harsh criticism of Israeli policies toward its Palestinian population, and his often-eloquent support for European continental social democracy.

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      The first essay in the collection, a 1995 review of Eric Hobsbawm’s The Age of Extremes: A History of the World, 1914-1991, should be of special interest to tomsbooks readers. Last fall, I reviewed Fractured Times: Culture and Society in the Twentieth Century, a collection of Hobsbawm’s essays.  Judt noted that Hobsbawm had “irrevocably shaped” all who took up the study of history between 1959 and 1975 — what Judt termed the “Hobsbawm generation” of historians (p.13). But Judt contended that Hobsbawm’s relationship to the Soviet Union — he was a lifelong member of Britain’s Communist Party – clouded his analysis of 20th century Europe. The “desire to find at least some residual meaning in the whole Communist experience” explains what Judt found to be a “rather flat quality to Hobsbawm’s account of the Stalinist terror” (p.26). That the Soviet Union “purported to stand for a good cause, indeed the only worthwhile cause,” Judt concluded, is what “mitigated its crimes for many in Hobsbawm’s generation.” Others – likely speaking for himself — “might say it just made them worse” (p.26-27).

      In the first decade of the 21st century, Judt became known as an early and fervently outspoken critic of the 2003 American intervention in Iraq.  Judt wrote in the New York Review of Books in May 2003, two months after the U.S.-led invasion, that President Bush and his advisers had “[u]nbelievably” managed to “make America seem the greatest threat to international stability.” A mere eighteen months after September 11, 2001:

the United States may have gambled away the confidence of the world. By staking a monopoly claim on Western values and their defense, the United States has prompted other Westerners to reflect on what divides them from America. By enthusiastically asserting its right to reconfigure the Muslim world, Washington has reminded Europeans in particular of the growing Muslim presence in their own cultures and its political implications. In short, the United States has given a lot of people occasion to rethink their relationship with it” (p.231).

Using Madeline Albright’s formulation, Judt asked whether the world’s “indispensable nation” had miscalculated and overreached. “Almost certainly” was his response to his question, to which he added: “When the earthquake abates, the tectonic plates of international politics will have shifted forever” (p.232). Thirteen years later, in the age of ISIS, Iranian ascendancy and interminable civil wars in Iraq and Syria, Judt’s May 2003 prognostication strikes me as frightfully accurate.

      Judt’s essays dealing with the state of Israel and the seemingly intractable Israeli-Palestinian conflict generated rage, drawing in particular the wrath of pro-Israeli American lobbying groups. Judt, who contributed to Israeli’s war effort in the 1967 Six Day War as a driver and translator for the Iraqi military, came to consider the state of Israel an anachronism. The idea of a Jewish state, in which “Jews and the Jewish religion have exclusive privileges from which non-Jewish citizens are forever excluded,” he wrote in 2003, is “rooted in another time and place” (p.116). Although “multi-cultural in all but name,” Israel was “distinctive among democratic states in its resort to ethno-religious criteria with which to denominate and rank its citizens” (p.121).

      Judt noted in 2009 that the Israel of Benjamin Netanyahu was “certainly less hypocritical than that of the old Labor governments. Unlike most of its predecessors reaching back to 1967, it does not even pretend to seek reconciliation with the Arabs over which it rules” (p. 157-58). Israel’s “abusive treatment of the Palestinians,” he warned, is the “chief proximate cause of the resurgence of anti-Semitism worldwide. It is the single most effective recruiting agent for radical Islamic movements” (p.167). Vilified for these contentions, Judt repeatedly pleaded for recognition of what should be, but unfortunately is not, the self-evident proposition that one can criticize Israeli policies without being anti-Semitic or even anti-Israel.

      Judt was arguably the most influential American proponent of European social democracy, the form of governance that flourished in Western Europe between roughly 1950 and 1980 and became the model for Eastern European states emerging from communism after 1989, with a strong social safety net, free but heavily regulated markets, and strong respect for individual liberties and the rule of law. Judt characterized social democracy as the “prose of contemporary European politics” (p.331). With the fall of communism and the demise of an authoritarian Left, the emphasis upon democracy had become “largely redundant,” Judt contended. “We are all democrats today. But ‘social’ still means something – arguably more now than some decades back when a role for the public sector was uncontentiously conceded by all sides” (p.332). Judt saw social democracy as the counterpoint to what he termed “neo-liberalism” or globalization, characterized by the rise of income inequality, the cult of privatization, and the tendency – most pronounced in the Anglo-American world – to regard unfettered free markets as the key to widespread prosperity.

      Judt asked 21st century policy makers to take what he termed a “second glance” at how “our twentieth century predecessors responded to the political challenge of economic uncertainty” (p.315). In a 2007 review of Robert Reich’s Supercapitalism: The Transformation of Business, Democracy, and Everyday Life, Judt argued that the universal provision of social services and some restriction upon inequalities of income and wealth are “important economic variables in themselves, furnishing the necessary public cohesion and political confidence for a sustained prosperity – and that only the state has the resources and the authority to provide those services and enforce those restrictions in our collective name” (p.315).  A second glance would also reveal that a healthy democracy, “far from being threatened by the regulatory state, actually depends upon it: that in a world increasingly polarized between insecure individuals and unregulated global forces, the legitimate authority of the democratic state may be the best kind of intermediate institution we can devise” (p.315-16).

      Judt’s review of Reich’s book anticipated the anxieties that one sees in both Europe and America today. Fear of the type last seen in the 1920s and 1930s had remerged as an “active ingredient of political life in Western democracies” (p.314), Judt observed one year prior to the economic downturn of 2008.  Indeed, one can be forgiven for thinking that Judt had the convulsive phenomena of Brexit in Britain and Donald Trump in the United States in mind when he emphasized how fear had woven itself into the fabric of modern political life:

Fear of terrorism, of course, but also, and perhaps more insidiously, fear of uncontrollable speed of change, fear of the loss of employment, fear of losing ground to others in an increasingly unequal distribution of resources, fear of losing control of the circumstances and routines of one’s daily life.  And perhaps above all, fear that it is not just we who can no longer shape our lives but that those in authority have lost control as well, to forces beyond their reach.. . This is already happening in many countries: note the arising attraction of protectionism in American politics, the appeal of ‘anti-immigrant parties across Western Europe, the calls for ‘walls,’ ‘barriers,’ and ‘tests’ everywhere (p.314).

       Judt buttressed his case for social democracy with a tribute to the railroad as a symbol of 19th and 20th century modernity and social cohesion.  In essays that were intended to be part of a separate book, Judt contended that the railways “were and remain the necessary and natural accompaniment to the emergence of civil society. They are a collective project for individual benefit. They cannot exist without common accord . . . and by design they offer a practical benefit to individual and collectivity alike” (p.301). Although we “no longer see the modern world through the image of the train,” we nonetheless “continue to live in the world the trains made.”  The post-railway world of cars and planes, “turns out, like so much else about the decades 1950-1990, to have been a parenthesis: driven, in this case, by the illusion of perennially cheap fuel and the attendant cult of privatization. . . What was, for a while, old-fashioned has once again become very modern” (p.299).

      In a November 2001 essay appearing in The New York Review of Books, Judt offered a novel interpretation of Camus’ The Plague as an allegory for France in the aftermath of German occupation, a “firebell in the night of complacency and forgetting” (p.181).  Camus used The Plague to counter the “smug myth of heroism that had grown up in postwar France” (p.178), Judt argued.  The collection concludes with three Judt elegies to thinkers he revered, François Furet, Amos Elon, and Lesek Kołakowski, a French historian, an Israeli writer and a Polish communist dissident, representing key points along Judt’s own intellectual journey.

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      The 28 essays which Homans has artfully pieced together showcase Judt’s prowess as an interpreter and advocate – as a public intellectual — informed by his wide-ranging academic and scholarly work.  They convey little of Judt’s personal side.  Readers seeking to know more about Judt the man may look to his The Memory Chalet, a memoir posthumously published in 2010. In this collection, they will find an opportunity to savor Judt’s incisive if often acerbic brilliance and appreciate how he brought his prodigious learning to bear upon key issues of his time.

Thomas H. Peebles
La Châtaigneraie, France
July 6, 2016

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Filed under American Politics, European History, France, French History, History, Intellectual History, Politics, Uncategorized, United States History, World History

Global Hubris

Hopgood

Stephen Hopgood, The Endtimes of Human Rights 

      In The Endtimes of Human Rights, Stephen Hopgood delivers a scathing critique of the practices and institutions associated with present day global human rights. Over the course of two introductory sections and five subsequent chapters, Hopgood argues forcefully that today’s global human rights machinery is unsustainable and on the verge of collapse, as the word “endtimes” in his title suggests.  Hopgood uses initial capital letters, “Human Rights,” to describe this broken system, which he contrasts with “human rights” without initial capital letters.

     Lower case human rights refer to ground level, indigenous movements to be free from human rights abuses, which Hopwood wholeheartedly endorses. The endtimes “can never come for this form of ’human rights,’” he argues, “in the same way that nothing can stop people banding together to demand their own freedom or justice in whatever language they prefer” (p.viii).  Upper case Human Rights, by contrast, consist of a “global structure of laws, courts, norms, and organizations that raise money, write reports, run international campaigns, open local offices, lobby governments, and claim to speak with singular authority in the name of humanity as a whole” (p.ix).

    For Hopgood, upper case Human Rights are based on an elitist, one-size-fits-all approach, “overambitious, unaccountable, alienated and largely ineffectual” (p.182).  In their hubris, Human Rights advocates have sought, and have largely succeeded, in arrogating to themselves and the institutions they represent the authority to define the fundamental global norms that are “applicable always, without discretion” (p.122).  The tension between Human Rights and human rights, he argues, is “exactly” the “tension between top-down fixed authority and bottom up (spontaneous, diverse, and multiple) authorities.” (p,x).  The forthcoming collapse of (upper case) Human Rights means that locally inspired (lower case) human rights movements will have space to flourish.

    Hopgood’s arguments against Human Rights focus primarily upon international criminal justice, the process which seeks to hold accountable those who violate international norms against, for example, torture and arbitrary arrests and killings, occurring in the context of what we often term mass atrocities, war crimes, genocide and crimes against humanity.  International criminal justice institutions of concern to Hopgood include the war crimes tribunals for Rwanda and the former Yugoslavia and, especially, the International Criminal Court (ICC) in The Hague, along with non-governmental organizations such as Amnesty International and Human Rights Watch, gatekeeper organizations dedicated to identifying and publicizing human rights abuses and advocating for accountability for abusers.  Human Rights also embraces humanitarianism — the treatment of military and civilian personnel in wartime and crisis situations — and, more recently, has included efforts to secure equal treatment for women and for lesbian, gay, bi-sexual and trans-gender (LGBT) individuals.  These strains of Human Rights, although mentioned in Endtimes, are of less concern to Hopgood, a professor of international relations at the University of London and the author of Keeper of the Flame, Understanding Amnesty International.

     Readers may be surprised to discover that very little of Hopgood’s work involves a direct critique of the day-to-day practices of Human Rights. Readers need to look elsewhere if, for example, their interest is whether hearsay evidence should be admissible before the ICC.  Hopgood addresses Human Rights from a far broader perspective.  His core argument is that although contemporary international criminal justice seeks to secure accountability for human rights abusers through what purports to be a judicial process, the process is almost entirely political.  Hopgood’s interest is in exposing the political underpinnings of this process. A crucial portion of his argument against contemporary Human Rights lies in his elaboration of its European origins.

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     Today’s Human Rights may be traced to what Hopgood terms 19th century European humanism, when progressive, middle class Europeans created a “secular replacement for the Christian god” (p.x) which borrowed heavily from Christian values and concepts, especially the need to alleviate suffering.  Of particular importance was the International Committee of the Red Cross, ICRC, the “first international church” of secular humanism (p.25). The ICRC, founded in 1863 in very Protestant Geneva, Switzerland, was a neutral organization dedicated to providing assistance to soldiers wounded in war.  The ICRC gave rise to the Geneva Convention of 1864, which established standards for the provision of relief in armed conflicts.

      A decade later, the Geneva-based Institut de Droit International (International Law Institute) came into being as a supplement to the ICRC. The institute, a standing council of international jurists charged with providing expert commentary on the laws of war, served as the first step toward international war crimes tribunals, Hopgood contends.  The League of Nations, created in the aftermath of World War I and also based in Geneva, constituted an “epiphany” for secular humanism, the “first truly international organization authorized explicitly by the idea of humanity, not the Christian god” (p.41).  The League was to be a “permanent, transnational, institutional, and secular regime for understanding and addressing the root causes of suffering” (p.41-42).

      This phase of global secular humanism “came crashing to the ground in 1939. The Holocaust and the Second World War destroyed the moral legitimacy and political power, if not the ideological ambition and cultural arrogance, of Europe” (p.xi).  But the Holocaust and World War II gave rise to a perceived need to create institutions better equipped to preserve and advance secular humanism across the globe.  The creation of new institutions began in 1945 with the United Nations and the Nuremberg war crimes tribunal, which served as a model for future war crimes tribunals.  The years 1945-49 were the “last time Europe held such a central place in the design of world order. It was a last moment to embed the humanist dream before the empires were gone” (p.49), Hopgood argues.  The Universal Declaration of Human Rights and the UN’s Anti-Genocide Convention, both dating from 1948, along with a revised 1949 Geneva Convention, were products of this era and remain key instruments of global Human Rights.

       Echoing a theme which Barbara Keys developed in Reclaiming American Virtue: The Human Rights Revolution of the 1970s, reviewed here in November 2015, Hopgood goes on to argue that Human Rights gained impetus in the 1970s when the United States began to prioritize human rights abroad as a key consideration in its foreign policy.  More than any other single factor, Hopgood argues, American power turned lower case human rights into upper case Human Rights, with the “secular religiosity” of European humanism giving way to a “more political, openly pro-democratic form of advocacy” that embraced the “logic of money as power” and “made explicit what had been implicit within international humanism: Human Rights and liberal capitalism were allies, not enemies” (p.12-13).  Human Rights thus became “intimately tied to the export of neo-liberal democracy using American state power” (p.xii).

     The apogee of Human Rights was from 1991 to 2008, the “unipolar moment” of American post-war dominance, with the fall of the Soviet Union and the creation of international tribunals to investigate and prosecute mass atrocities in the ex-Yugoslavia and Rwanda.  During this period, moreover, 120 countries approved the Rome Statute of 1998, the founding charter for the ICC, which Hopgood terms the “apex of international criminal justice” (p.129; the United States was one of just seven states to vote against the Rome statute, along with China, Iraq, Israel, Libya, Qatar and Yemen).  The ICC began hearing cases in 2002. The period also witnessed the emergence of an international “responsibility to protect” victims of human rights abuses, often shortened to R2P, now a recognized basis for humanitarian interventions authorized by the United Nations Security Council.

     But at the very moment when the notion of Human Rights was at its apogee, the “foundations of universal liberal norms and global governance [were] crumbling” (p.1), Hopgood argues.  The United States no longer retains the power it enjoyed after the fall of the Soviet Union in 1991 to foist its neo-liberal vision upon the rest of the world.  Nationalism and religious conviction have reasserted themselves throughout the world, and competing world powers, particularly China and Russia, are not proponents of liberal democracy.  Neither the United States nor any other entity is today capable of speaking and acting on behalf of the international community.

     Rather, we are entering what Hopgood terms a “neo-Westphalian world,” a reference to the 1648 peace treaties which ended Europe’s Thirty Years War and established a system of political order in Europe based on state sovereignty and non-interference in the internal affairs of other states.  The neo-Westphalian world is one of “renewed sovereignty, resurgent religion, globalized markets, and the stagnation or rollback of universal norms about human rights” (p.166).  The “core modernizing assumption” of Human Rights, Hopgood argues, that “history brings secularism, a sense of oneself as an individual rights holder, and the erosion of collective beliefs and loyalties” is “fracturing alongside the Western power that sustained it” (p.166). Neo-Westphalia means “more politics, less morality, and less Europe,” in which the notion of genuine global solidarity becomes little more than a “conceit of human rights advocates in Geneva, New York, and London” (p.177).

    Hopgood looks with favor at the forthcoming collapse of Human Rights, its “endtimes,” much as many Christians look forward to an eschatological endtimes that culminate with the second coming of Jesus.  As Human Rights declines with declining American power, “local interpretations of what rights are and which rights might be sustainable will be essential if human rights are to flourish” (p.xv).  Once lower case human rights replace upper case Human Rights “other alliances can grow” (p.22), with “more international funding and expertise in areas like public health, disease, communication, and mediation – the Médecins Sans Frontières approach—which is more conducive to longer-lasting and effective change than are the often symbolic efforts of large-scale global institutions” (p.21).

     In the endtimes, only “issues of security, natural resources, and trade will excite multilateral engagement” (p.20), along with “very practical but time-limited relief work in logistics, search and rescue, medicine, disease control, and food and shelter” (p.21).  International Human Rights organizations will “turn increasingly to self-promotion. They will be concerned more than ever with themselves” (p.20). The one area where Human Rights seems likely to retain some clout is sub-Saharan Africa, precisely because this is the globe’s single area where Europe retains at least limited influence. “Africa will remain a laboratory for European moral spectatorship, although given Europe’s’ relative global decline, self reliance and church support will likely be the future for the poor and the suffering south of the Sahara” (p.21).

     Despite his searing rhetorical assault on contemporary Human Rights, Hopgood’s specific criticisms of the ICC and, by extension, international criminal justice, are tepid and hardly unconventional: the ICC’s prosecutions have been primarily against lower level state actors, rather than heads of state; they have focused almost exclusively on Africans, with few actions against persons from other regions; and the United States, having refused to ratify the Rome convention, remains an “embarrassing outlier for claims about liberal global norms” (p.129). The “true tragedy” of the ICC is that it is a court that “cannot conceivably exercise political jurisdiction over great powers, creating a permanent two-tier justice system in which strong states use global institutions to discipline the weak” (p.167).

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     Hopgood’s polemical and passionately argued case against modern Human Rights is problematic in several respects.  He offers maddeningly few specifics to support his broad theme that international Human Rights elites, in their hubris, have foisted “universal” and “secular” norms upon unwilling local populations.  The scattered examples he provides are drawn from efforts to secure greater rights for women and LGBT individuals in certain non-Western cultures, difficult and delicate exercises to be sure but well removed from his primary focus on international criminal justice.  Further, it is facile to argue that “renewed sovereignty” threatens international criminal justice. Nationalism and state sovereignty have always been, and are likely always to be, challenges to the aspirations and objectives of international institutions and organizations across the board, not simply to those of international criminal justice — just ask the mavens in Brussels charged with trying to hold the European Union together.

     Hopgood stops short of explicitly recommending abolition of the ICC and other publicly financed international criminal justice institutions and organizations, but his arguments lead inescapably to this recommendation. His contention that the resources presently applied to these institutions and organizations should be redirected to humanitarian relief means that any process seeking accountability for human rights abusers will have to be locally driven.  Given the weak state of domestic justice systems in much of the world, this means still less accountability for those who commit war crimes and mass atrocities than is the case with today’s admittedly imperfect international criminal justice machinery.

Thomas H. Peebles
La Châtaigneraie, France
March 4, 2016

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Filed under American Politics, Politics, Rule of Law