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Matthew Kroenig's argument for preventive military action to combat Tehran's nuclear program -- "Time to Attack Iran" (January/February 2012) -- suffers from three problems. First, its view of Iranian leaders' risk calculations is self-contradictory. Second, it misreads nuclear history. And third, it underestimates the United States' ability to contain a nuclear Iran. When these problems are addressed, it is clear that, contrary to what Kroenig contends, attacking Iran is not "the least bad option." 

Kroenig's view of the way Iranian leaders are willing to take on risks is deeply incongruous. In his view, a nuclear bomb will push Tehran to block U.S. initiatives in the Middle East, unleash conventional and terrorist aggression on U.S. forces and allies, and possibly engage in a nuclear exchange with Israel. This would mean Iranian leaders are reckless: given the United States' conventional and nuclear superiority, any of these actions would provoke considerable retaliation from Washington. And, of course, a nuclear exchange with Israel would invite annihilation. At the same time, Kroenig suggests that Tehran would remain remarkably timid after a preventive strike from the United States. Presented with clear redlines, Iran would not retaliate against U.S. troops and allies or attempt to close the Strait of Hormuz. Kroenig's inconsistency is clear: If Iranian leaders are as reckless as he seems to believe, a preventive strike would likely escalate to a full-blown war. If they are not, then there is no reason to think that a nuclear Iran would be uncontainable. In short, a preventive attack on Iran can hardly be both limited and necessary.

Kroenig's argument misreads nuclear history at least three times. First, he writes that a targeted preventive strike would likely wipe out the nuclear program in Iran, as strikes against Iraq in 1981 and Syria in 2007 did in those countries. These comparisons are misleading. Recent research based on captured Iraqi documents demonstrates that the 1981 Israeli attack on the Osirak reactor, near Baghdad, actually spurred a covert nuclear weapons program at other sites. Indeed, Iraqi President Saddam Hussein remained determined to revive his nuclear program until he was removed from power in 2003. What prevented him from achieving that goal was the decade-long U.S.-led containment regime put in place after the 1991 Gulf War. The Iraqi case suggests that any attacks that do not depose the Iranian regime, too, would cause it to accelerate its efforts to acquire nuclear weapons. Kroenig's prescription might therefore precipitate the very outcome he is trying to avoid. 

As for Syria, Damascus' nuclear program was just budding. The country boasted only one exploratory facility, which was shattered easily by a single aerial bombing carried out by Israel in September 2007 under the cloak of night. But Iran's nuclear program is much more advanced and is already of industrial proportions. Any attack on Tehran would involve destroying numerous nuclear-program and air-defense targets, making it far more costly and less likely to succeed than the Israeli raid against Syria's Deir ez-Zor reactor. More, Iran's advanced program reflects Tehran's greater resolve to develop nuclear capabilities, so, post-attack, Tehran would be ever more likely to double down on developing a weapon. Furthermore, although Kroenig hopes that a targeted strike would destabilize the Iranian regime, there is no basis for such optimism. Being a civilian, parliamentary, oil-rich theocracy, Iran is relatively stable. Put simply, a preventive strike against Iran can hardly be both limited and effective.

Kroenig misreads history again when he considers a nuclear exchange between Iran and Israel. In his view, they "lack nearly all the safeguards that helped the United States and the Soviet Union avoid a nuclear exchange during the Cold War." Yet the United States and the Soviet Union avoided a nuclear exchange even during the hottest crisis of the Cold War, the Cuban Missile Crisis, at a moment in which Soviet retaliatory capability was still uncertain, there were no clear direct communication channels between the two leaderships, and Soviet experience managing their nuclear arsenal was no longer than five years. Moreover, the historical record shows that even young and unstable nuclear powers have avoided nuclear escalation despite acute crises. Pakistan and India avoided nuclear war in Kargil in 1999, as well as after the terrorist attacks targeting the Indian parliament in 2001 and Mumbai in 2008. When national survival is at stake, even opaque and supposedly "irrational" regimes with nuclear weapons have historically behaved in prudent ways.

Kroenig's final abuse of history comes when he posits a cascade of nuclear proliferation across the Middle East in response to an Iranian bomb. He mentions Saudi Arabia, and implies that Egypt, Iraq, and Turkey might all follow suit. Yet none of these states, which can count on U.S. support against Iran, nuclearized in response to Israel's nuclearization (against which they cannot count on U.S. backing, mind you). And more generally, the United States has a successful record of preventing clients from acquiring nuclear weapons in response to a regional enemy, such as South Korea and Japan in response to North Korean nuclear acquisition. (Washington agreed with Pakistani nuclearization in response to India.) 

Taking the long view, Kroenig's argument reveals an unwarranted skepticism about Washington's ability to contain a nuclear Iran. This skepticism is all the more surprising considering Kroenig's work on the benefits of U.S. nuclear superiority. Existing U.S. security guarantees, based on current capabilities, give allies little incentive to nuclearize. Egypt and Saudi Arabia are among the largest recipients of U.S. military support, and Turkey is a member of NATO. Reinforcing U.S. ties with friends in the region would be easier, cheaper, and less risky than attacking the Iranian nuclear program. 

Instead, the United States should heed the lessons of the North Korean nuclearization. Not so long ago, Washington had to face an aggressive regime in Pyongyang intent on developing nuclear weapons. The United States rejected a preventive strike in 1994 for fear that the outcome would be worse than its target's nuclear acquisition. This was the right decision. After North Korea acquired nuclear weapons, none of the consequences that Kroenig's argument would predict materialized. U.S. security guarantees contained Pyongyang and persuaded South Korea and Japan not to acquire nuclear weapons. Nobody believes that the world is better off with a bomb in North Korea -- but the record shows that it hasn't brought the end of the world, either.

Military action against Iran would be a profound strategic miscalculation. For all the talk of retrenchment, the U.S. military might remains the most powerful in the world, and it can successfully minimize consequences of an Iranian bomb, should one come to pass, by containing Tehran's ambitions, dissuading regional proliferation, and providing security assurances to its allies.

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The nuclear weapons news of late has been alarming. David Sanger reported in "The New York Times" on January 9 that Iran's top nuclear official had announced his country was near initiating uranium enrichment at a new plant. And the recent leadership change in North Korea means added uncertainty about one of the world's most unpredictable nuclear weapons states. Both developments mean the danger is rising that nuclear weapons or the means to make them will spread in this year.

The ominous news brings to mind a comment that Robert M. Gates made a few years ago while working as President Obama's Secretary of Defense. "If you were to ask most of the leaders of the last administration or the current administration what might keep them awake at night," he told me, "it's the prospect of a [nuclear] weapon or nuclear material falling into the hands of Al Qaeda or some other extremists."

I was interviewing Gates for a book about nuclear threats. The book, "The Partnership: Five Cold Warriors and Their Quest to Ban the Bomb," [Harper, $29.99] examines the acute state of nuclear dangers today, including the spread of nuclear materials and technology to unstable nations like Pakistan, North Korea and Iran. If a terror group like Al Qaeda is ever going to get its hands on a nuclear weapon, or more likely the fissile material needed to make one, the source is likely to be one of those three nations. North Korea and Pakistan have a frightening history of exporting nuclear weapons technology. Iran may be next.

Despite the denials of Iranian leaders, Tehran seems well on the way to building its first nuclear weapon. Iran already has enough enriched uranium to make several warheads once the uranium is raised to a higher level of enrichment. The enrichment process can move very quickly from a low level to high, bomb-grade levels. Some upgrading of known Iranian enrichment facilities are required to get there, and these changes would be visible to the outside world. Still, Iran may well have hidden enrichment programs already cranking out highly enriched uranium. If it does move openly to higher enrichment, Israel and the United States will be tempted to attack Iran's nuclear installations.

A simple but powerful nuclear weapon can be fabricated with just a small amount of highly enriched uranium. The hardest part of making a uranium bomb is producing highly enriched uranium, something that requires advanced, industrial-scale technologies beyond the reach of a terror group. But with just 60 pounds of highly enriched uranium, a small, savvy group of engineers with some basic laboratory equipment could construct a fission bomb in a garage. The bomb mechanism is so straightforward that the United States did not bother to test a uranium weapon before dropping one over Hiroshima in 1945. And it is not wildly improbable to imagine Iran giving highly enriched uranium to a terror group.

The continuation of the Kim dynasty in North Korea - now in its third generation with the recent installation of Kim Jong-un as the new supreme leader - does not augur well for more responsible behavior by North Korea. With its active nuclear weapons program, hunger for hard currency and record of selling nuclear weapons goods to Libya and Syria, North Korea is one of the most dangerous nations on earth.

While North Korea is unlikely to sell a nuclear weapon to a terror group, it could provide the materials and knowhow to make a crude but powerful bomb. The United States, for all its intelligence-gathering hardware like spy satellites, does not know a great deal about the North Korean program. Washington was surprised to learn in 2010 that North Korea had constructed a uranium enrichment plant outfitted with the latest centrifuge technology. News about the existence of the plant came from a group of American scholars who were shown the facility during a visit to the North Korean nuclear complex at Yongbyon.

The plant is not a problem if it is producing low enriched uranium to fuel a small, light water reactor. But the plant could be used to produce highly enriched uranium. The rapid construction of the plant - it was built in just 18 months - suggested that the North Koreans might have honed their techniques at another enrichment facility, as yet undetected by the United States.

I recently asked my Stanford colleague Sig Hecker, one of the scholars who visited the enrichment plant in 2010, to outline what to watch for in the North Korean weapons program in coming weeks to determine if the new leadership is planning any change in nuclear policy and/or operations. Sig served as director of the Los Alamos National Laboratory 1986-1997. He has been a frequent visitor to North Korea, one of the few Americans to get a first-hand look at the North Korean nuclear program.

His response:

I believe that there will be a period of quiet on the diplomatic front, both for mourning and to rethink strategy. Just before Kim Jong-il died, American and North Korean diplomats came close to an agreement of American food aid in return for some concessions on the nuclear program (some reports indicated that Pyongyang would stop enrichment - but I have yet to hear official confirmation from the UnitedStates - and we never may). What to look for is to see when North Korean diplomats are ready to re-engage with Americans in quiet bilateral talks, mostlikely in China.

On the technical front: I would expect "normal operations" at Yongbyon. That means they will continue with the experimental light water reactor construction- although little will be seen from overheads because it is winter time. Much of the interior components will be fabricated in shops. I also expect them to continue with operations of the centrifuge enrichment facility - either to make more low enriched uranium for reactor fuel or to get the facility to operate fully (which it may not have been when we visited). Both of these operations will continue regardless of which way Pyongyang eventually decides to go with the nuclear program. I don't see any reason why they would cut back on these operations now.

As for potential provocative actions - they could prepare for another nuclear test -- but that is highly unlikely, if for no other reason than it is winter. Their tests occurred in October 2006 and May 2009. Nevertheless, the third test tunnel appears to have been dug some time ago (South Korean news reports and overhead imagery) and one should watch closely for activity at the test site (particularly come spring). We should also look for potential missile tests - the new launch site on the west coast should be watched for another potential long-range missile launch. (They have had three attempts from the old launch site in the east: 1998 over Japan, 2006 a complete failure, and 2009 two out of three stagesworked.) They also have not flight-tested the Musudan road-mobile missile."

It would not surprise me if North Korea conducted another nuclear test in 2012. If Kim Jong-un is looking for a way to flex North Korean military power and remind his impoverished people that their nation matters to the rest of the world, detonating a nuclear weapon will do the trick.

Iran's nuclear program will also likely generate news and international anxiety this year. Iranian threats to attack US naval vessels in the Persian Gulf may seem self-defeating, but a military confrontation between Iran and the United States is not out of the question.

There is no greater danger to American and global security than the spread of nuclear weapons and the means to make them.

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David Palkki Deputy Director, National Defense University, Conflict Records Research Center; Co-editor, The Saddam Tapes: The Inner Workings of A Tyrant’s Regime, 1978-2001 Speaker

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Martha Crenshaw is a senior fellow emerita at CISAC and FSI. She taught at Wesleyan University in Middletown, Connecticut, from 1974 to 2007.  She has published extensively on the subject of terrorism.  In 2011 Routledge published Explaining Terrorism, a collection of her previously published work.  A book co-authored with Gary LaFree titled Countering Terrorism was published by the Brookings Institution Press in 2017. She recently authored a report for the U.S. Institute of Peace, “Rethinking Transnational Terrorism:  An Integrated Approach”.

 

 She served on the Executive Board of Women in International Security and is a former President and Councilor of the International Society of Political Psychology (ISPP). In 2005-2006 she was a Guggenheim Fellow. She was a lead investigator with the National Consortium for the Study of Terrorism and the Response to Terrorism (START) at the University of Maryland from 2005 to 2017.  She is currently affiliated with the National Counterterrorism, Innovation, Technology, and Education (NCITE) Center, also a Center of Excellence for the Department of Homeland Security.  In 2009 the National Science Foundation/Department of Defense Minerva Initiative awarded her a grant for a research project on "mapping terrorist organizations," which is ongoing.  She has served on several committees of the National Academy of Sciences.  In 2015 she was elected a Corresponding Fellow of the British Academy.  She is the recipient of the International Studies Association International Security Studies Section Distinguished Scholar Award for 2016. Also in 2016 Ghent University awarded her an honorary doctorate.  She serves on the editorial boards of the journals International Security, Security Studies, Dynamics of Asymmetric Conflict, Orbis, and Terrorism and Political Violence.

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Catherine Baylin J.D. Candidate, Stanford Law School; PhD Candidate, History Department, Stanford University Commentator
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Shiri Krebs is a Professor of Law at Deakin University and Director of the Centre for Law as Protection. She is also the Chair of the Lieber Society on the Law of Armed Conflict, an affiliate scholar at Stanford University Center for International Security and Cooperation (CISAC), and co-lead of the Australian Government Cyber Security Cooperative Research Centre (CSCRC) Law and Policy Theme. In 2024, she was appointed as a Visiting Legal Fellow at the Australian Government Department of Foreign Affairs and Trade (DFAT). Her research on drone warfare and predictive technologies in counterterrorism and armed conflict is currently funded by a 3-year Australian Research Council (ARC) DECRA fellowship and an Alexander von Humboldt Experienced Researcher Fellowship at the University of Hamburg.

Prof Krebs’ research projects on international fact-finding, biases in counterterrorism decision-making, and human-machine interaction in drone warfare, have influenced decision-making processes through invitations to brief high-level decision-makers, including at the United Nations (CTED, Office of the Secretary-General), the United States Department of Defense, and the Australian Defence Force.

Her recent research awards include the David Caron Prize (American Society of International Law, 2021), the ‘Researcher of the Year’ Award (Australian Women in Law Awards, 2022), the Australian Legal Research Awards (finalist, Article/Chapter (ECR), 2022), and the Vice-Chancellor’s Researcher Award for Career Excellence (Deakin, 2022).

Before joining Deakin University, Prof Krebs has taught in several law schools, including at Stanford University, University of Santa Clara, and the Hebrew University of Jerusalem, where she won the Dean’s award recognizing exceptional junior faculty members.

She earned her Doctorate and Master Degrees from Stanford Law School, as well as LL.B. and M.A., both magna cum laude, from the Hebrew University of Jerusalem.

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The Nuclear Power Plant Exporters' Principles of Conduct are an industry code of conduct resulting from a three-year initiative to develop norms of corporate self-management in the exportation of nuclear power plants. In developing and adopting the Principles of Conduct, the world's leading nuclear power plant vendors have articulated and consolidated a set of principles that reaffirm and enhance national and international governance and oversight, and incorporate recommended best practices in the areas of safety, security, environmental protection and spent fuel management, nonproliferation, business ethics and internationally recognized systems for compensation in the unlikely event of nuclear related damage.


Speaker Biography:

Ariel (Eli) Levite is a nonresident senior associate in the Nonproliferation Program at the Carnegie Endowment. He is a member of the Israeli Inter-Ministerial Steering Committee on Arms Control and Regional Security and a member of the board of directors of the Fisher Brothers Institute for Air and Space Strategic Studies.

Prior to joining the Carnegie Endowment, Levite was the Principal Deputy Director General for Policy at the Israeli Atomic Energy Commission. Levite also served as the deputy national security advisor for defense policy and was head of the Bureau of International Security and Arms Control in the Israeli Ministry of Defense.

In September 2000, Levite took a two year sabbatical from the Israeli civil service to work as a visiting fellow and project co-leader of the "Discriminate Force" Project as the Center for International Security and Cooperation (CISAC) at Stanford University.

Before his government service, Levite worked for five years as a senior research associate and head of the project on Israeli security at the Jaffee Center for Strategic Studies at Tel Aviv University. Levite has taught courses on security studies and political science at Tel Aviv University, Cornell University, and the University of California, Davis.


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Ariel Levite Senior Associate at the Carnegie Endowment for International Peace, Former CISAC Visiting Fellow Host
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Emerging nation-states like Libya and Palestine are constrained by local elites integration in socio-economic networks.

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Attention is fixed on Mahmoud Abbas' application for Palestinian statehood at the United Nations, and on the capture of state power by Libyan rebels. Have we forgotten to ask whether and under what conditions the nation-state is a viable political vehicle for justice and liberation?

A world composed of nation-states is less than seventy years old. Yet the ideal of "national liberation" dominates the political imagination of many oppressed peoples. Such a politics of emancipation has dire limits because serious power is organised and exercised on a global scale.

Before World War II, the world was made up mostly of empires and colonies. A state of their own seemed to promise freedom and recognition to colonised populations. This is because the world of nation-states masquerades as a world of sovereign equals. Each nation-state supposedly rules its own territory and people, free from outside interference.

 

Only for the others

This was the ideology behind the United Nations, which was conceived and organised by the Western allies during World War II. The war aims of the US and the UK, as expressed in the Atlantic Charter of 1941, included the idea that all "peoples" had a right to self determination. Winston Churchill was quick to claim that this only applied to those in Nazi occupied Europe, not the subject peoples of the British Empire.

But Churchill was a man of the old world. Already the US had pioneered in Latin America and in its "open door" policies towards China modes of intervention and informal rule that recognised the political independence of subordinate states. The diplomatic historian William Appleman Williams used the term "Anticolonial Imperialism" to describe what the US was up to.

Empires always operate in and through some kind of local administration, whether a colonial state, a kept Raja, or an informal relation with a client power. In mature colonies, much of the day to day work of government was carried out by indigenous people, trained up as civil servants, police, and soldiers. Businesses were often operated and even owned by locals.

Occupying such a colony with imperial officials was not only expensive, it caused friction and generated resistance. Why not give local power brokers a somewhat larger cut (but not too large) to run the place for you? The oppressed "nation" could celebrate "independence", the local elites could enrich themselves, and the imperial power could continue to enjoy the advantages of domination and unequal economic relations.

This was not only empire without colonies, it was an empire that could pose as a supporter of "national liberation".

The United Nations took this concept of the nation-state to a global level. The world came to be composed mostly of small, relatively weak states, each proudly sovereign and jealous of its prerogatives. But each one also enmeshed in the brutal and shocking disparities of wealth and power that have characterised global politics since the nineteenth century. Local elites prospered, while their people toiled away at subsistence level.

A nation-state organisation of the world offers advantages to those who want to sustain global hierarchies of power. It also poses immense challenges to those struggling for freedom.

The immediate problem is which group or set of interests will seize state power. Colonial borders encased many different peoples within the same territory, and divided others. Colonisation produced sectors of society which benefitted from and were in sympathy with imperial power in varying degrees. The result is intractable and recurring clashes of identity and interest.

These conflicts are evident now in Libya and they have fractured the Palestinian national liberation movement.

 

"Imagined Community"

Even in Europe, there was no "nation" behind the state to begin with. In myriad ways state power was used to create the "imagined community" of the nation, which often enough was a fiction propagated by a dominant ethnicity or social class.

It is one thing to build a nation-state while rising to world dominance, as in the West. It is quite another to do so when you are on the losing end of global inequities in wealth and power.

New holders of state power in the global South - even in a rich state like Libya - are profoundly constrained and face limited options. Local elites are often deeply enmeshed in economic, cultural and political networks that tie them to foreign powers and interests, Western or otherwise.

The usual outcome is some kind of neo-colony. A local political and economic class benefits from relations with outside powers and global elites, to the neglect of the ordinary people who brought them to power and of their political desires.

Such an arrangement takes many forms. One model is the resource rich country, which can sustain a hyper-wealthy elite, while keeping the masses in check with a combination of repression and bread and circuses. This is the likely fate of Libya, if it does not descend into internal conflict over the possession of state power and its benefits.

Another model is that of South Africa's Bantustans, "tribal" states that were given limited "independence". Their function was to outsource security. Like the Palestinian Authority, the Bantustans self-policed a restive population. They also served as a basis for the power and wealth of a local ruling class, connecting it to the larger order that oppressed everyone else.

None of this is to suggest that people seeking liberation should not seek state power. Among other things, the state has the potential to equal the scales between the public good and the private power of capital, foreign or domestic.

But it is to say that the seizure of state power cannot be the end goal of contemporary liberation politics. In the global South, to have a politics only about the nation-state is to play a game with dice loaded against you.

A liberation politics beyond the nation-state would from the beginning reach out to those in other societies struggling also for a just global order. In so much of both the global South and North right now, politics has been reduced to the servicing of narrow interests by cronies holding offices of state.

People around the world are suffering through the nadir of capitalism that is our times. Such circumstances offer possibilities for a local-global politics of liberation.

It is in the global South that liberation movements have the best chance of seizing local state power and its many advantages. At the same time, connections with global struggles for justice will give the free states of the South an international base, a source of power with which to resist becoming a neo-colony.

For it is ultimately only a just global order that long can sustain freedom and equality at home.

Tarak Barkawi is Senior Lecturer in the Centre of International Studies, University of Cambridge.

The views expressed in this article are the author's own and do not necessarily reflect Al Jazeera's editorial policy.

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Gil-li Vardi joined CISAC as a visiting scholar in December 2011. She completed her PhD at the London School of Economics in 2008, and spent two years as a research fellow at the Oxford Leverhulme Programme on the Changing Character of War at the University of Oxford, after which she joined Notre Dame university as a J. P. Moran Family Assistant Professor of Military History.

Her research examines the interplay between organizational culture, doctrine, and operational patterns in military organizations, and focuses on the incentives and dynamics of change in military thought and practice.

Driven by her interest in both the German and Israeli militaries and their organizational cultures, Vardi is currently revising her dissertation, "The Enigma of Wehrmacht Operational Doctrine: The Evolution of Military Thought in Germany, 1919-1941," alongside preparing a book manuscript on the sources of the Israeli Defence Forces’ (IDF) early strategic and operational perceptions and preferences.

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Avishai Margalit is one of the foremost thinkers and commentators on the contemporary human condition, the moral issues of our time, and current problems facing Western societies. In addition to his influence as a philosopher, he is highly regarded for his profound and cogent observations of the Israeli-Palestinian conflict and the broader struggle between Islam and the West. As the author of Idolatry (with Moshe Halbertal), The Decent SocietyViews in Review: Politics and Culture in the State of the JewsThe Ethics of MemoryOccidentalism: The West in the Eyes of Its Enemies (with Ian Buruma), and On Compromise and Rotten Compromises , Margalit has transformed philosophical perspectives on a range of political and societal issues.

 

For additional information, please visit the Stanford Ethics and War series website.

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Avishai Margalit Professor, School of Historical Studies Speaker the Institute for Advanced Study
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George Packer is a staff writer for The New Yorker and the author, most recently, of The Assassins' Gate: America in Iraq. That book, which traced America's entry into the Iraq war and the subsequent troubled occupation, won the Overseas Press Club's 2005 Cornelius Ryan Award and the Helen Bernstein Book Award of the New York Public Library, was a finalist for the 2005 Pulitzer Prize, and was named by The New York Times as one of the ten best books of the 2005.

Betrayed
"In early 2007, George Packer published an article in The New Yorker about Iraqi interpreters who jeopardized their lives on behalf of the Americans in Iraq, with little or no U.S. protection or security. The article drew national attention to the humanitarian crisis and moral scandal. Betrayed, based on Mr. Packer's interviews in Baghdad, tells the story of three young Iraqis - two men and one woman - motivated to risk everything by America's promise of freedom. Betrayed explores the complex relationships among the Iraqis themselves, and with their American supervisor, struggling to find purpose while a country collapses around them." (coultureproject.org, where Betrayed had it's world premiere in January 2008.)

The play is directed by Rush Rehm, an actor, director, and professor of drama and of classics who publishes in the areas of Greek tragedy and contemporary politics. Along with courses on ancient theater and culture, he teaches courses on contemporary politics, the media, and U.S. imperialism. Rehm also directs and acts professionally, serving as Artistic Director of Stanford Summer Theater (SST). An activist in the peace and justice movements, Rehm is involved in anti-war and anti-imperialist actions, and in solidarity campaigns with Palestine, Cuba, East Timor, and Central America.

On Thursday, May 19, Packer will be in conversation with Tobias Wolff (English, Stanford) and Debra Satz (Philosophy, Stanford).

For more information, please visit the Stanford Ethics and War Series website

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Stanford, CA, 94305

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There are more laws and international treaties designed to protect human rights in conflict zones than ever before. Yet civilians continue to pay the ultimate price, with women and children frequently caught in the crossfire. At the beginning of the 20th century, there was one civilian casualty for every eight or nine military casualties, said Richard Goldstone, the South African jurist who played a key role in helping his country overcome apartheid, served as the chief prosecutor of the International Criminal Tribunals on Rwanda and the former Yugoslavia, and became a household name in 2009 for his controversial fact-finding mission after an Israeli offensive in the Gaza Strip. During World War II, the ratio increased to 1-to-1. Today, after what was, Goldstone said, a "very bloody century," every combatant casualty is matched by nine civilian deaths.

What explains this? Goldstone joined Stanford historian James Campbell and Peter Berkowitz, a political scientist, to grapple with this paradox as part of Stanford's Ethics and War Series, co-sponsored by the Center for International Security and Cooperation.

One reason behind this seeming disconnect is that gaping anomalies remain in the international legal system. It is a "very recent development that international laws have been designed to protect civilians and civilian objects," said Goldstone. Another cause of the paradox is that the most critical issue in determining whether the death of a civilian constitutes a war crime is highly subjective. The so-called principle of proportionality, defined by the Law of Armed Conflict, requires that parties refrain from attacks resulting in excessive civilian casualties. But it is up to "reasonable commanders" to judge whether such violence is justified, said Berkowitz, a senior fellow at the Hoover Institution.

Compounding the problem is that in many of the nations where crimes against civilians may have been committed, there is little interest or even open hostility toward allowing international fact-finding missions to make an assessment. Moreover, many of the transnational organizations designed to help protect civilians simply fail to do so. Goldstone said the UN should be commended for assisting the injured in Gaza but "stands condemned for ignoring the plight of Tamils."

A better system might include requiring greater education in military affairs for human rights lawyers, Berkowitz said. Goldstone's report on the Gaza conflict, Berkowitz argued, failed to properly evaluate whether the civilian cost was a military necessity, noting that Goldstone did not assess whether "reasonable" Israeli commanders had intended to avoid civilian casualties. A better understanding of military procedure, Berkowitz suggested, might have helped Goldstone and others in a similar situation make that kind of assessment.

The United States may also have a role to play in filling in the gaps in the international justice system. Campbell said that the Geneva Convention of 1949, which extended legal protection to war victims, was largely an American construction. Indeed, Berkowitz said that America has "special burdens" to spread liberal democracy across the world. However, the U.S. was reluctant to sign the Convention on the Rights of the Child, ratified by 194 U.N. nations that would protect women and children, said Helen Stacy, a senior fellow at the Center for Democracy, Development, and the Rule of Law.

How some of these issues will be resolved is still an open question. Human rights laws are complex and evolving, said Campbell. "Just as freedom is a constant struggle, so is international humanitarian law," he said. The important part was that the legal system continues to grapple with these issues. The struggle toward an effective system of international justice is being "waged in our country," he said, "in dialogues like the ones we are having today."

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