*The original purpose of the Declaration of War clause was not, as is comonly assumed, to make Congress's adoption of a declaration a condition precedent for the United States to satisfy before it could enter into hostilities. Rather, the purpose of the clause was to enable the United States to perfect a belligerency, allowing the declarer to engage in unlimited warfare, as provided by international law.
*Lippmann later claimed that the decision to oppose the treaty was basically his editor's; “I followed him, though I was not then, and not now, convinced that it was the wise thing to do. If I had it to do over again, I should take the other side; we supplied [the Republican opposition to the treaty] with too much ammunition.” Ronald Steel, Walter Lippmann and the American Century (Little, Brown, 1980), 166. See also Walter Lippmann, “The Intimate Papers of Colonel House,” Foreign Affairs 4 (1962); and Walter Lippmann, “Notes for Biography,” New Republic, July 16, 1930.
*J. M. Keynes, The Economic Consequences of the Peace (Harcourt, Brace, and Howe, 1920), 39 – 44. Consider, however, that Keynes also described Lloyd George as “this goat-footed bard, this half-human visitor to our age from the hagridden magic and enchanted woods of antiquity.” “Mr. Lloyd George: A Fragment,” in John M. Keynes, Essays in Biography (Norton, 1963), 35.
*“House was well enough informed about French politics to be aware that failure to allay the well-founded French fears of a future German attack might result in the fall of Clemenceau and his replacement by a premier who would make impossible demands upon Germany in the name of security.” Arthur Walworth, “Considerations on Woodrow Wilson and Edward M. House: An Essay Letter to the Editor,” Presidential Studies Quarterly 24 (Winter 1994).
*These were used to attack Sarajevo in early 1992. The U.S. Air Force chief of staff recommended air strikes to relieve Sarajevo, and later testified that the artillery ringing the city in mountain batteries could have been destroyed from the air. This, however, was vetoed on the grounds that it might only prompt the Serbs to attack Sarajevo with ground troops. The siege of Sarajevo had begun.
*A group including the United States and the most influential European powers, organized to deal with the Yugoslav crisis.
*Former secretary of state Lawrence Eagleburger has observed that the Bush administration's decision to intervene in Somalia was strongly influenced by television coverage; others have concluded that the American decision to withdraw from Somalia was also precipitated by the media. Secretary of state Madeleine Albright told the Senate Foreign Relations Committee that “television's ability to bring graphic images of pain and outrage into our living rooms has heightened the pressure both of immediate engagement in areas of international crisis and immediate disengagement when events do not go according to plan.” “Media and Information Technology,” Reinventing Diplomacy in the Information Age (Center for Strategic and International Studies 1999), but see also Warren Sobel, “The CNN Effect,” American Journalism Review, May 1996.
*The following references are to the New York Times; The Times of London took a very different view.
*Presumably this argument does not apply to the conflict in Croatia, which is a true nation-state in that it is overwhelmingly the creature of a single cultural group, the Croats.
*The Bosnian government has assembled details of 13,000 rape victims. Noel Malcolm, Bosnia: A Short History (Macmillan, 1994), 295, n.27.
*Many Muslims, however, made it to Tuzla, where there were then reports of reprisal attacks by the displaced Muslims on Serbian civilians living there. Local authorities reported harassment and physical violence, and the robbery of several Serb houses, without police protection. Police reportedly watched as unknown persons killed a Serbian man. The mayor of Tuzla warned the police over this incident, and undertook to compensate Serbian citizens for damages thus incurred.
*For example, Jon Western, a State Department analyst stated, after his resignation, “You can't read through the accounts of atrocities on a daily basis, add them up and see what's happening and not be overwhelmed,” citing one cable—which he said was typical of the diplomatic traffic he received—that told of a nine-year-old Muslim girl who was raped by Serbian fighters and left in a pool of blood, and whose parents were forced to watch helplessly from behind a fence for two days as she died. A few days before Marshall Freeman Harris, another career U.S. foreign service officer, had resigned, calling attention to the U.S. administration's unacknowledged efforts to pressure Bosnia into accepting the Vance-Owen plan. These resignations and the public appearances of George Kenney, who resigned from his post as Yugoslav desk officer, gave credibility to the media's reports from the front, which otherwise tended to be discounted by diplomats and government officials.
*One eyewitness report from the village of Zaklopca, where at least eighty-three men—virtually all the men of the village—were summarily executed by Serb irregulars, stated: “My brother in law was outside in front of the house when the Serbs appeared. They told him to give up his weapons. He told them that he did not have any weapons but that they could take his cows. Then one of them opened fire and killed him.”
*UNSC Resolution 836 did, however, authorize U.N. forces to use “all means necessary” to protect the enclaves.
*The Organization for Security and Cooperation in Europe, the successor to the CSCE.
*General Ratko Mladic, indicted for the massacre at Srebrenica, was determined to expel the refugees gathered there before any diplomatic settlement incorporated their right to live in the town and in the surrounding villages, like Zepa. Henry Porter, “Days of Shame,” The Guardian (London), November 17, 1999.
*Of whom I was one at the time, having been appointed the counselor on international law in 1990. This opinion did not, however, reflect my views, though it may possibly have reflected that of others.
*Much to his credit, President Clinton later, in 1999, repudiated these remarks and publicly regretted them. Bill Nichols, “The More Policy Changes, the More It Seems the Same,” USA Today, April 21, 1994, A4.
*As the European Community (E.C.) became in November 1993.
*A January 1993 United States Agency for International Development Report concluded that 23 percent of U.N. relief supplies to the desperate refugees were in fact allocated to Serbian warlords. J.M.O. Sharp, Bankrupt in the Balkans: British Policy in Bosnia (Institute for Public Policy Research, 1993), 14.
*On July 10, 1995, Karremans, the Dutch commander of U.N. forces at Srebrenica, requested air support from the senior Unprofor officer, the French general Bertrand Janvier. These repeated requests were denied. When on July 11 Karremans desperately asked for NATO air strikes to relieve his position, Janvier declined to send the request forward, unbelievably, on the grounds that Karremans had used the wrong request form. The massacres occurred five days later.
†One doubts whether this justifies the actions of those Dutch soldiers who forced Muslim families out of the U.N. compound at one of the “safe areas” and then surrendered their U.N. helmets to the Serbs who used them to dupe Muslims who had fled to the hills into coming forward to their destruction. The real shame, however, lies with the political leaders who put these soldiers in such a position.
*“As 1993 wore on, it became increasingly difficult for me to justify my personal participation in a policy whose tentative nature was being exploited by the Serbian aggressors. We were dealing fairly well with the humanitarian symptoms of the Bosnian war, the refugees and the displaced, but we weren't treating the causes. There was a tendency among administration officials to give public emphasis to the humanitarian issues as a way of disguising the lack of a consistent political approach. I sent several back-channel memos to Christopher suggesting variants of forceful responses but received no acknowledgement that they'd ever been read.” Zimmermann, 226.
*Novel, that is, for the society of nation-states. State-nations had no such restraints, as, for example, in the European coercion of the Ottoman Empire over the treatment of Christian minorities.
> *The informal annual meeting of governments to discuss political topics that grew out of the G-7 (Group of Seven) economic summits.
*His celebrated and impressive (even to this day) Theory of Distinctions laid the basis for the philosophical analysis of identity and, importantly, for Descartes's argument for the separation of body and mind. I am indebted to Professor Mark Sagoff for this observation.
*Much as his father had at first been seen as a Burgundian and not a Castilian—and had faced a Spanish revolt on that account. The key difference was that Augsburg had greatly enhanced the “territoriality” of the state, as Westphalia would do to an even greater degree, tying princes to specific places and increasing the importance of national identification with the ruler.
†Goethe's tragedy Egmont is based on this life, which also inspired Beethoven's Egmont Overture.
*The Spanish offer was successful.
*Thus, for example, he allocates the question of the lawfulness of duels between princes when their state is thereby jeopardized to theologians because it depends on a construction of the first three commands of the Decalogue. Similarly, concerning treaties concluded between men of different religions, Gentili delegates authority away from the lawyers. See Haggemacher, 171, who rather deprecates this move.
*Which means, roughly, “Theologians should be silent on matters beyond their province.” De Juris Belli, I, xii, 92.
*It had expressly excluded Calvinists from the settlement.
*This is so even though Russia, Poland, Britain, and other states were not parties; as late as the nineteenth century Burke was claiming that the partition of Poland was a breach of the Peace of West-phalia. New Cambridge Modern History, vol. 4, 358.
*This is the chancellor described in Book I who, defying pressure from the jittery regency council acting on behalf of the young queen, kept Sweden in the war after the death of Gustavus Adolphus. The son endeavored to reflect his father's policy.
*Henry IV is recorded as having called the Dutch provinces “libres, mais non pas souverains,” in a conversation with the English ambassador. Roelofsen, 100, n. 23.
*Only one part of De Jure Praedae was published in Grotius's lifetime (the book itself did not come to light until an auction in the nineteenth century); this was the celebrated Mare Liberum, arguing, as its title suggests, for freedom of the seas and against Portuguese claims to an Asian monopoly. The work of which it formed a part, however, dealt very largely with the legal basis for war.
*H. St. John, 492, dated May 3, 1712 (1798). It may be that his constitutional perspective was so different from Bolingbroke's that Torcy misunderstood the nature of the British proposal. Or it may be, as I am inclined to believe, that Torcy “misunderstood on purpose,” endeavoring to preserve the freedom of action of his sovereign.
*As had earlier constitutions for previous societies of states, e.g., with respect to religious worship.
*“The Congress is dissolved.”
*“Let us kiss and let all be forgotten” was Metternich's own account of the tsar's words.
*“Each nation has its particular laws; but Europe has its law too. It is the constitutional order that provided it.”
*And the market-state says: “Don't bother asking. You're on your own now.”
†This suggests that the peace settlement in 1919 did not come at the end of an epochal war.
*A History of the Peace Conference of Paris, vol. 3, ed. Harold Temperley (1920), 59. Not every leader of a nation-state saw the force of humanity as so constructive. As Bismarck put it, “One can ride the wave, but one cannot steer it.” Ibid., 250.
*It is likely that the most important service performed by Keynes in 1919—he was the Treasury's representative on the British team—was to take a short manuscript from a prison camp at Monte Cassino via his diplomatic pouch to Bertrand Russell in Cambridge. This was the immortal Tractatus Logico-Philosophicus, written by Ludwig Wittgenstein in notebooks he carried during the war. Wittgenstein had enlisted in the Austrian army at the outset of the war, served on the eastern front and in the Tyrol as an artilleryman, and been taken prisoner by the Italians in November of 1918.
*Which had the unintended effect of precipitating the rapid development of German rocketry. William B. Breuer, Race to the Moon: America's Duel with the Soviets (Praeger, 1993), 10.
*Nor was this a unique reaction. We should bear in mind that in 1919, student protests against the Chinese government's negotiations at Versailles led to the May 4 movement from which the Chinese Communist Party eventually emerged. And Lenin said in Moscow on October 8, 1920, that by attacking Poland “we are destroying the Versailles settlement.”
*In contrast to the legal philosophers of earlier periods who sought an external validation, e.g., the command of the sovereign (Austin) or natural law (Pufendorf).
*For the philosophically inclined reader, Kelsen's rendering will be strikingly reminiscent of Ludwig Wittgenstein's Tractatus Logico-Philosophicus.
*Linde, 99. It is interesting that logical positivism—which renounced any possible philosophical contribution to moral and political debate and indeed held that all metaphysical statements are nonsense—also reached its zenith of influence at this morally and politically fraught time.
*Schmitt cited both the Turkish democracy's expulsion of Greeks and the Australian provisions for restricted immigration by Asians as examples.
*And indeed some of the most sophisticated commentators continued to maintain that nothing had really changed in the bipolar relationship even after Gorbachev introduced perestroika and glasnost and the “new thinking,” because nothing much had changed with respect to the comparison of forces and nuclear arms. These persons were highly dubious of Gorbachev's international proposals. William G. Hyland, The Cold War Is Over (Time Books / Random House, 1990).
*To be distinguished from the Chinese strategy of actually introducing markets.
*Lenin's relatively liberal New Economic Policy, described in Chapter 2.
*This fundamental paradigm applied in the conventional, nonnuclear arena as well. The late Johann Hoist noted that “Soviet negotiators have attempted to structure the geographical parameters for arms control regimes in Europe in a manner which will preserve for Soviet territory that privileged status of being exterior to the regime in question. The definition of the reduction zone in MBFR [mutual balanced force reductions] and the refusal to include anything more than a narrow zone of 250 km of the Soviet Union in the CSCE/CBM [Conference on Security in Europe/Confidence Building Measures] regime, indicate the way in which Moscow approaches arms control as a means for structuring the broader context of the political order.” Johann Hoist, “The NATO-Warsaw Pact Relationship?” in New Directions in Strategic Thinking, ed. Robert O'Neill and D. M. Horner (Allen & Unwin, 1981), 93.
*Consider the calendar of that fateful year which led up to the Peace of Paris. After Gorbachev accepted the Hungarian government's decision to allow independent political parties (February 1989) and the Polish roundtable agreement (April), Bush responded in May by stating that it was “time to move beyond containment” and to “seek the integration of the Soviet Union into the community of nations.” He set, as a precondition for this integration, “a significant shift in the Soviet Union” and a “lightening-up on the control in Eastern Europe [that would allow those states] to move down the democratic path.” In July, Bush secretly invited Gorbachev to meet in December—in advance of the scheduled summit planned for March. Gorbachev responded with alacrity and publicly acclaimed the invitation to “join the community of nations” by sending a letter to the members of the G-7 meeting at Paris. On September 21 – 23, Baker and Shevardnadze met at Baker's ranch in Wyoming and released a detailed joint statement covering the full range of U.S.–Soviet issues. On December 2–3 – 3 Bush and Baker, Gorbachev, and Shevardnadze met on shipboard for a wide-ranging discussion. The Americans proposed negotiating a trade agreement that would lift the restrictions on most favored nation status for the Sovie
t Union.
*Which would have played well with the right wing in U.S. politics that distrusted Bush and Baker.
*With the Central and Eastern European countries, the United States was studiedly circumspect. The Bush administration responded to the East German revolt by sending Baker to meet with the communist premier and to offer economic assistance to the GDR. When violence broke out in Romania after the revolt against the dictator Ceausescu, Baker announced that he would not oppose Soviet intervention, even though until recently Romania had enjoyed privileged status in the West owing to its independent line from Moscow. In response to the Lithuanian declaration of independence in May 1990, Baker refused to recognize the new government even though the United States had long maintained that the Soviet annexation of the Baltics was illegal. Even as late as six weeks before the anti-Gorbachev coup, Bush went to Moscow to sign the Strategic Arms Reduction Treaty (START) and then stopped in Kiev to warn the Ukrainians of the dangers of independence.
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