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Notes on Ex-Yu Justice, Part II

10 Jul

Following Part I, and in advance of Part III.


The court is political  

The smartass response goes something likes this: “Of course it’s political; what’s not political? Haven’t you read the ICTY’s website? It says clearly that the tribunal was established for explicitly political reasons, too, by the UNSC, which is political by definition.” But the smartass response is a rude interruption. The above assertive prefaces monologue, not dialogue. The monologue is a story about world politics as a dog-eat-dog contest in which the strong always devour the weak with a focus on the origins of the ICTY. “Of course an international judicial institution cannot be created on the basis of an UNSC resolution alone. Of course Chapter VII of the UN Charter does not specify the conditions under which war crimes tribunals can be set up. Of course the ICTY quickly discovered that it could not bother with the question of own legality. But when have great powers ever cared about law and institutions? Might makes right, right? The ICTY is based on the consent of states – big states, not our banana republics.”

This story varies in terms of breadth and depth, but its modal conclusion is that the tribunal cannot represent anything but “victor’s justice” and/or Western and specifically American oppression of those living on the periphery. As for the motive, the supposedly aggressive prosecution of Bosno-Serbo-Croat baddies practiced by the ICTY is a function of the desire for retribution for every case of ex-Yu insolence in recent history, starting with the Trieste crisis of 1945. As discipline and punishment at once, trials are also meant to serve as a warning to the rest of the peripheral and semi-peripheral world. This type of theorizing could be described as a cross between pop-realism and pop-Marxism with a whiff of the crudest forms of pop-anti-Americanism and some other, far less respectable prejudices. While it is not exactly a closed loop, for every new newstory indexing Western and specifically American double standards and double visions in international law, the theory gains strength. Who in the former Yugoslavia doesn’t have an informed opinion on the “Hague Invasion Act”?

imgfrontisThe two accounts of the origins of the ICTY that I have on my shelf make something of an opposite case. Pierre Hazan’s book, subtitled ‘The True Story Behind the ICTY’, suggests that the weak (international justice activists) outfoxed the strong (realist diplomats and state-centric lawyers) and, against all odds, managed to turn the tribunal into such a revolutionary achievement (more on this below). Hazan is no theorist of norms and transnational advocacy networks, but there are more than a few parallels with this literature. The second account is Rachel Kerr’s 2004 book, which begins and ends with the thorny issue of “politicization,” including the issue of “prosecutorial discretion” as its special subset. Kerr has the ICTY walking on a tightrope. Sidle up too closely to justice, and you alienate those who rule the world; let politics in, even to manipulate it for judicial ends, and you lose credibility. While infinitely more nuanced than Hazan’s, Kerr’s framework for analyzing politics (it, too, chimes with 1990s IR theory, namely the “bringing international law back in” literature) follows the same binary – let me personify it a little as a contest between “realists” versus “legalists” – and it reaches the same conclusion. And judging by both the quotidian operation of the court as well as its key decisions up to 2002-3, Kerr finds, “legalists” had the upper hand.

Antonio CasseseI am not sure what stock-taking exercises based on the realist vs. legalist framework look like today (again, this post is my attempt to reconnect with the literature I stopped following years ago), but what struck me in my conversations is how adamant my interlocutors were in rejecting even the most carefully drawn legalist claims. It’s simple, the typical response goes, the ICTY is subject to constant political pressures and it shouldn’t be surprising to see so much judicial malpractice. Lest one is keen to dismiss this as “typical” ex-communist (and transitionalist) disdain for the notion that law serves to ensure that valuable social goods are distributed in ways that protect equal respect for everyone, note that some of the most critical arguments about the “hopelessly political court” are drawn from the texts left behind by bona fide ICTY insiders like (he of  those great international law textbooks), Gabrielle Kirk McDonald, Louise Arbour, Graham Blewitt, Carla Del Ponte, Serge Brammerz, and Florence Hartmann (more below). Anyone can cherry-pick a few memorable lines from a few memoirs and journalistic accounts (Hartmann, if I recall correctly: “the ICTY was formed so that war criminals could negotiate on the level of their innocence”), but what I find interesting is that these types of arguments have gained more and more adherents over the years.

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Notes on Ex-Yu Justice, Part I

9 Jul

I don’t recall when I first heard of Radovan Karadžić, but I know it wasn’t any time before the run-up to the first democratic, multi-party elections in Bosnia and Herzegovina. Radovan, with sarcastic endearment called Rašo in my family, emerged as the leader of something called the Serbian Democratic Party, one of the three main “national” political parties that were formed to steer us away from Marxist politics and economics and towards Western, liberal, democratic capitalism.  I do recall voicing scepticism about their promises, and trying to convince my eight grade classmates that ‘national’ really meant ‘nationalist’ and that with “them” at the helm Bosnia would soon look like Lebanon rather than Switzerland. And forget Lebanon, one only had to look over to Croatia to see what parties with the same names were doing, and how well that particular Westernization was going. I remember arguing that there was an alternative, pointing to Ante Marković (a.k.a. Antara, but with slightly less sarcasm) and his “reconstituted” Commies (and to drive the point home I pasted Union of Reform Forces of Yugoslavia campaign posters all over my room).  But there was no alternative, not really. Not with the bad guys in Belgrade, far more powerful than Marković, itching for “armed battles,” and not with the vast majority of citizenry successfully interpellated into political, mutually exclusive Muslims, Serbs & Croats. A Cerberus coalition of said national parties won the elections in November 1990 and took us all to hell.

karadzic_AP

Fast forward to June 2013: it’s a Monday morning and I am looking into Courtroom 1 of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague. Karadžić, sitting behind a huge glass screen, is complaining about some key meaning lost in translation. He appears uncomfortable, at least compared to the other nasty blast from my past: Vojislav Šešelj, a.k.a., Šešo. In the 1990s, he was Serbia’s one-man version of the Radio Télévision Libre des Mille Collines; today, Šešelj is the tribunal’s bête noire. Those who follow the life of the ICTY are familiar with his mixed-methods approach to delegitimizing the court and its proceedings. Hissy fits, impossible demands, hunger strikes, insults, bullying, speechifying, filibustering. Then there is the regular uploading of confidential court documents onto http://www.vseselj.com‎ such that the names of protected witnesses are no longer protected. This certified political scientist (while writing a PhD dissertation on fascism in late 1970s Šešelj apparently spent a year teaching at the University of Michigan) knows how to assess the power of the strong as well as of the weakHe has repeatedly justified his behaviour as “only politics” (“this court is political, I am political, and I am here to destroy you”). And whenever he gets convicted of contempt of court (twice or thrice now), he laughs it off: “I don’t care, I am having the time of my life.”   

He was on fire that morning as well. Invited to Karadžić’s trial as a key witness, Šešelj manages to waste hours of the court’s time on stories that feature, among other things, Swedish prostitutes, Serbian folk heroes, and European medieval history (I paraphrase again, this time from my notes: “Magdeburg, the city that’s now flooded, yes, make sure it goes into the court’s record just like I explained in my book and on my website: it was the Croat armies that massacred its citizens back in 1631”). The little time devoted to answering the questions posed by the prosecutor Alan Tieger – Karadžić, recall, is indicted for genocide; extermination; murder; persecutions; deportation; inhumane acts; terrorizing of, and unlawful attack on, civilians; and taking of hostages – testifies to Šešelj’s focus and impeccable memory. “Absolutely not,” he concludes, Karadžić had nothing to do with any conspiracy to ethnically cleanse parts of Eastern Bosnia. “What happened was a natural population transfer, that’s all.” Continue reading

The Office Of Blood; Or, ‘The Act Of Killing’ (2012)

3 Jul

The images and scenes we discuss below are not those of a conventional film plot. Nevertheless, *spoiler warning*.


Act Of Killing Anwar Screen

It’s hard to know how to write about The Act Of Killing, the unsettling, surreal, humanising, nauseating portrait of an Indonesian death squad that is generating such interest. Joshua Oppenheimer, Christine Cynn and the mainly anonymous Indonesian crew (anonymous for fear of retribution) have conjured something quite extraordinary into the world. Laced with caustic insights into atrocity, empathy, memory, commodification, artifice, power, solidarity, fear, self-deception and play.

One million people were killed in Indonesia in the mid-60s following a military coup. The massacres which aimed at obliterating “communists” (along with ethnic Chinese and intellectuals) have been largely undocumented, with many of the perpetrators occupying prominent positions in the Indonesian government. Without wishing to give too much away or to channel and pre-empt the multiple, contradictory emotions that it is bound to elicit, the main conceit is a film within a film where the murderers re-enact their murders, all the while debating whether to recreate this method, or whether that victim would have cried out in that way, and sometimes whether they might just be showing us too much truth in their performances of the past. At one point there is the satisfied declaration that these scenes of re-articulated horror will be seen as far away as London! Part voyeurs, part students, we are thus implicated in their narratives, viscerally. Aghast, covering our eyes, retching when they retch, laughing guiltily at moments of shared humanity.

The Act Of Killing is a deliberate move from the ‘theatre of the oppressed’ to the ‘theatre of the oppressor’, a move that is challenging not simply because we – those ostensibly passive spectators – are made to face deeply uncomfortable ‘truths’ but also because it is above all a movie that painstakingly documents what Hannah Arendt, in a different context, called the ‘banality of evil’. Whilst there is nothing anodyne or sanitised about these gruesome renactments, they are almost flippantly juxtaposed with the mundane rituals, pedestrian encounters, and even moments of compassion and kindness that make these men all too human. The result is an audience suspended between empathy and disgust, between acceptance and incredulity, and between the absurd and the quotidian.

The Act Of Killing, for us at least, is a gut-twisting manifestation of sometimes nebulous socio-political insights. Insights such as Agamben’s ‘camp’ or Foucauldian ‘state racism': concepts that suddenly unfold themselves before us on film, embedded as they are in a context otherwise deeply unfamiliar to us. But although seemingly focused, somewhat narrowly, on Medan, Indonesia the ambit of The Act is far greater: it offers a compelling commentary on the connate imbrication of capitalism, commodification, legality, sexual discrimination, racism, and their inescapably violent manifestations. It is less a document-ary about Indonesian history than a meditation on violence, memory and subjectivity themselves, a provocation made universal precisely because of its lingering gaze on these few aged torturers.

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Addressing Wartime Sexual Violence at the United Nations Security Council

25 Jun
A mural at UN HQ by José Vela Zanetti, via Robin Stevens.

Detail from a José Vela Zanetti mural at the United Nations, New York (original image via Robin Stevens)

Yesterday, the United Nations Security Council met to vote on a new resolution on wartime sexual violence (under the more general rubric of ‘women, peace and security’). Resolution 2106, as it now is, was passed unanimously, and so joins those other numerical signifiers in the chain of gender mainstreaming: 1325, 1820, 1888 and 1960. The session had been convened by William Hague (the UK holds the Security Council chair for June), and the presence of Angelina Jolie (or ‘Angelina Jolly’, as more than one state representative called her) brought obvious publicity advantages, although that in itself is not so surprising both given her close work with Hague on the UK’s Preventing Sexual Violence Initiative and her role as Special Envoy for the UN High Commission for Refugees.

UNSCR 2106 seems designed mainly as a political symbol that the Council “remains actively seized” of the importance of conflict-related sexual violence, and essentially extends a number of themes already in play (there’s a whole bunch of urges, calls for, recognizes, requests in the text). It seeks the expanded use of targeted sanctions against perpetrators and commanders involved in sexual violence and reiterates the connection of that thing called ‘gender’ to DDR, security sector and justice reforms. It repeats the ‘zero tolerance policy’ on sexual violence and abuse by UN forces, requests further reports on progress to the Council, and so on. There were some other points of note, partly in the mention of men and boys as victims, and partly in some puzzling recessive points such as the Resolution’s demand (its word) that women and children abducted into armed forces be released (given that they are especially vulnerable), with no concomitant mention of kidnapped men.

The resolution also called for sexual and gender-based violence training for all pre-deployment and ‘in-mission’ peacekeeper training, and it is here that perhaps the biggest substantive contribution lies. Numerous references were made in the debate to an expanded role for Women Protection Advisers. Like the discussion of targeted sanctions (mentioned first in UNSCR 1820) this is not brand new, since Women Protection Advisers were themselves an innovation of 1888, which upgraded them from existing gender and human rights advisers. The exact nature of the new role is as yet unclear, but it seems to involve an expansion of their mandate to apply to all UN deployments, since they are currently active in just eight peacekeeping missions (which is just over half).

A few other quick observations on the text and the debate.  Continue reading

Gender Trouble, Racial Salvation and the Tragedy of Political Community in ‘Game Of Thrones’ (2012-2013)

11 Jun

A shamefully-delayed commentary on Game Of Thrones, Seasons the Second and Third, since the first one went so well. As before, *great clunking mega spoiler alert*. You have been forewarned.


Recall three justifications for an analysis of pop culture politics. First, for all their superficial escapism, cultural products represent political ideas and ideologies, and do so in ways that may matter more than what we receive through the news. They are full of desires and fantasies that refract and reflect (and to some extent are themselves) real politics. Second, you can criticise the thematics of the show without hating the show. In fact you can do it while loving the show (and finding the fact of that love interesting in itself). In other words, look, I really like Game of Thrones. Moreover, that as great as comparisons with the source text can be, a TV series is a different kind of beast and is entitled to judgement on its own merits. Third, objections that “it’s just a show” don’t wash. If you’re reading this it’s because you have some sense that there are ways of understanding and being embodied in even the lowest of cultural objects (paging Dr Adorno!). That doesn’t mean that the substance of the relationship between media and politics is simple or settled, but it’s there.

Let’s start where we left off last time. It was claimed in some quarters that the plot subverts – even refutes – certain standard typical ideas about the feminine, and critiques feudal social relations along the way. So, rather than being a “racist rape-culture Disneyland with Dragons”, the many strong, complicated, agentic female roles in fact set Game of Thrones as a critique of patriarchy. But only the most one-dimensional of sexisms regards women as utterly abject. The mere presence of intelligent, or emotionally-rounded, or sympathetic female characters is not enough (and that it might be taken as inherently ‘progressive’ probably tells us a lot about contemporary gender politics). No, the issue is how a cultural product deploys some common tropes of masculinity and femininity and, with appropriate caveats about not reading every plot twist as an allegory, how those celebrate or reinforce certain orderings of gender. So a narrative which makes the family the primary unit, and which does so in a conventionally heteronormative register (twincest notwithstanding), is selling a particular idea of gender (and of community and nation and legitimate violence and…).

In Seasons 2 and 3, a few female figures threaten to upset the patriarchal framework. As before, there is Arya, astute, principled, fierce, and eager to promise death to her enemies. Brienne of Tarth, giant, loyal, lethal, dismissive. Ygritte, rugged, capable, sexually dominant, a hardened killer with no respect for rank (“If you ripped my silk dress, I’d blacken your eye”).[1] And yet in each case the threat is contained and wrapped in some familiar gender constraints.

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Ten Reasons Not To Write Your Master’s Dissertation on Sexual Violence in War

4 Jun

Marsha Henry

A guest post, following on from some previous reflections on gender and teaching and the politics of pedagogy, from Marsha Henry. Marsha is Lecturer in Gender, Development and Globalisation at the LSE Gender Institute, where she teaches, amongst other things, a course on gender and militarism. Her most recent research is into sexual exploitation in peacekeeping missions and peacekeeper labour hierarchies, and she is also, with Paul Higate, author of Insecure Spaces: Peacekeeping, Power and Performance in Haiti, Kosovo and Liberia (Zed, 2009). With Pablo, she recently co-edited a special issue of International Feminist Journal of Politics on ‘Rethinking Masculinity and Practices of Violence’. This post is based on a presentation given in San Francisco at the International Studies Association in April 2013.


It’s the first day of Lent term and the students are nervously gathered in a small stuffy classroom.  When I walk in and head towards the front of the room, the group falls silent. I introduce myself and we start a round of introductions and I ask students to speak briefly about their interest in the course. The first student tells me, and the class, that she’s in IR (International Relations), and is keen to take the course because she’s interested in studying sexual violence in war.  Another student turns to her, incredulous because she too is interested in that exact subject, and that furthermore she has worked for 3 months in the Democratic Republic of Congo (DRC) and has ‘seen a lot’. A few more students echo similar interests and I’m trying hard not to stereotype these students. But it’s difficult. A mythical figure is beginning to crystallise in my head and I can’t stop it. This figure is young, female and possibly middle-class, sometimes Scandinavian. She’s studying IR, Human Rights or Gender Studies. A few male students also indicate an interest. Some indicate interest in other topics, but there is a numbers problem from the outset. I feel uncomfortable as this is the third year that I’ve taught this course, each time allotting only one lecture week to the subject of sexual violence in war, and subsuming it under the larger heading of ‘gender, sexualised violence and work in militarised contexts’. Each year students have asked for more time to be devoted to the subject, for the lecture week to be moved up, and for their to be less focus on diversity in the armed forces. When students come to me during office hours to discuss the scope of their dissertations on the subject I fidget. After a few conversations with colleagues, I decide I need to start compiling a list – of compelling reasons why students should not write on the subject of sexual violence in war. But what would I do with this list? Can it be shared? And what of my responsibility not to teach on the subject?

10: Writing About ‘It’ Narrows The Political Focus

As a committed feminist, I’m all for drawing significant attention to the ways in which women experience conflict in distinctive ways. But the concentration of interest on sexual violence in wartime often leads to a neglect of the ways in which women experience violence (labelled as sexual or not) in peacetime. This noticeable singular focus on the topic also narrows the possibility of dislodging categories and subject positions. It is often assumed in class conversations, essays and subsequently dissertations that women are the victims and men are the perpetrators of this form of violence. This assumption appears in written work in a way that both masks the possibility of other positionings within the perpetrator-victim continuum, as well as the structurally embedded way in which sexualised violence occurs and is experienced by individuals and communities. This failure to explain the pervasiveness of sexualised violence against women tends to reinforce the binaries and provides a rather fixed aperture for analysing sexual violence in war and its consequences.

9: Researching The Topic Inspires Voyeurism

I’m squirming in my seat as one of the students smiles widely while she explains her interest in working on the topic of sexual violence as a weapon of war. She could be nervous explaining herself in front of her peers and her professor. She could be feeling awkward about the subject matter. She could be conforming to gendered expectations of women in the classroom where female students who express themselves confidently or through feminist rhetoric are categorised as aggressive. If feminist critique is pleasurable, how do we ‘do’ our analysis of sexual violence in wartime, paying attention to experience, trauma, and moral responsibility? There is a tendency, in making visible the ‘horror’ of it all, that students sensationalise the subject by focussing on the minutiae, the details and the thick descriptions. Honing in on the bodily experience of rape, for example, can remove rape in war from the wider social, cultural, economic and political context in which it always takes place. It can be an abstraction of the total experience. The affective impact is that readers of these dissertations distance themselves from subjects in the studies. Those who are victims and/or survivors and end up consciously or unconsciously performing what Donna Haraway referred to as a god-trick.

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Indigenous Narrative Methods: A Hawaiian Perspective

21 Mar

Noelani Ka'opua

We’re now up to the ninth post in our consistently excellent methodology and narrative mini-forum, and this one was contributed by Noelani Goodyear-Kaʻōpua. Noelani is an Associate Professor of Political Science, with an emphasis in Indigenous Politics, at the University of Hawai’i at Mānoa. She has published on issues of identity, indigeneity and praxis in Hawai’i. Her first book, The Seeds We Planted: Portraits of a Native Hawaiian Charter School, was recently published by the University of Minnesota Press. Her second book, Ea: Hawaiian Movements for Life, Land and Sovereignty (Duke University Press, forthcoming), is a collection co-edited with Ikaika Hussey and Kahunawai Wright that explores late-20th and early 21st century Hawaiian organising for justice and self-determination. More recently, she has also become interested in the intersections of energy and food politics with Indigenous social and political health.


Ka'opua - Kaneohe Bay

Kāneʻohe Bay

Native novelist and scholar, Thomas King, reminds us that “stories are wondrous things. And they are dangerous.” In The Truth About Stories, he argues that’s all we are: stories. Empires are built on great stories. But on the other hand, anti-imperialist movements have also been motivated and sustained by narratives of personal and collective experience.

In my own home—Hawaiʻi—we lived for almost a century with the narrative that the US takeover was legitimate and that Kanaka Maoli (Indigenous Hawaiians) did not resist the US annexation of the islands. This story is even memorialized in a statue of US President William McKinley that fronts the public high school in Honolulu named after him. He is portrayed stately holding a document. If one were to climb up onto that eight-ton statue and peer over McKinley’s shoulder, she would see ‘Treaty of Annexation’ carved into the bronze. And this is one of the dangers of stories; sometimes they are completely false. In fact, an approved Treaty of Annexation never came to President McKinley’s desk for his signature.

The groundbreaking work of Noenoe K. Silva, in her book Aloha Betrayed, demonstrated that through a massive organized effort, Kanaka Maoli successfully defeated attempts to push a treaty through the US Congress in the mid-1890s. Over 38,000 Hawaiians defended their political sovereignty and recognized independence by signing petitions against the merging of the Hawaiian Kingdom and the United States. It was only when scholars began taking the narratives in Hawaiian language newspapers, Native oral histories and in Hawaiian songs and chants seriously that a century-long fiction was peeled back. The recovery of these stories has been incredibly generative for a new generation of scholars and activists who are now describing the relationship between the US and Hawai‘i as a prolonged, military occupation.

Narratives can be powerful because they have material consequences. Stories can be written on the lands that we inhabit. I grew up flanked by the consequences of the ways imperial narratives are made reality and Indigenous narratives dismissed as archaic. I grew up alongside the largest sheltered body of water in the Hawaiian Islands, Kāneʻohe Bay, approximately 12.7 kilometers from farthest northwest and southeast points and about 4.3 kilometers wide. Kāneʻohe Bay contains one of the only barrier reefs in the Hawaiian Islands and can be quite shallow in parts, filled as it is with coral reefheads and sandbars. As such, it was Pearl Harbor, rather than Kāneʻohe Bay, that became the US Navy’s center in Hawai‘i because of the Navy’s need for deep water portage for its massive warships. However, the south side of Kāneʻohe Bay is shielded by Mokapu peninsula and upon that headland, the US built a Marine Corps base complex that includes airfields, military housing, training and recreational facilities. For Native Hawaiians, the name Mokapu speaks to the significance of the place. “Mokapu” is a contraction of the words “moku kapu,” literally a “sacred and reserved land,” and it is known in Hawaiian mo‘olelo (narratives) as a site of godly creation and of human burial.

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