peace

Delighted to be back in Washington for the 113th Annual Meeting of the American Society of International Law, and to have the honor of leading a roundtable aimed at exploring contemporary security governance.

Entitled Challenges and Prospects for International Peace and Security: UN Peacekeeping, NATO, and the UDHR at 70, the roundtable will take place 9-10:30 a.m. this Thursday, March 28. Participants (including some names different from ASIL’s printed program) are:

  • Michael W. Doyle, University Professor at the Columbia University School of International and Public Affairs
  • Steven Hill, Legal Adviser and Director of the Office of Legal Affairs at NATO Headquarters in Brussels
  • Bruce Oswald, Professor and Director of the Asia Pacific Centre for Military Law in the Melbourne Law School at the University of Melbourne; and
  • Rita Siemion, International Legal Counsel at Human Rights First

After noting that UN Peacekeeping, NATO, and the Universal Declaration of Human Rights all are marking their 70th anniversaries, the roundtable description asks:

“Have they failed to deliver on their original promise or have they adapted effectively to contemporary global realities? Is their future dependent on the continuation of Western hegemony and unity? Can they adapt to the changing nature of security threats, rising powers and a waning commitment to multilateralism? Are they instruments for peace, security and the promotion of international law? What challenges and opportunities lie ahead?”

Thanks to Jesse Clarke, member of the annual meeting planning committee and the Assistant Secretary, Office of International Law, International Division, in the Department of the Australia Attorney-General, for organizing what promises to be a stimulating discussion.

More on annual meeting participation by my colleagues from the University of Georgia School of Law Dean Rusk International Law Center, and me, here.

A warm welcoming of new members highlighted the recent annual meeting of the American Society of International Law.

Those welcomed included two luminaries – a Nobel Peace Prizewinner and a U.S. Presidential candidate – plus untold others, as reflected in this resolution, adopted by ASIL’s General Assembly:

RESOLVED,

That the American Society of International Law, wishing to provide recognition and posthumous redress to women who were excluded from membership in the Society during its early years, hereby confers membership on JANE ADDAMS, BELVA ANN LOCKWOOD, and any other women whose applications for membership were denied from 1906-1921.

FURTHER RESOLVED,

That the Society should undertake additional research to determine which members of other groups also were excluded from membership over the course of the Society’s history, and merit similar redress.

ASIL President Lucinda A. Low (left) introduced the resolutions, one of her last acts before handing the presidency to Professor Sean D. Murphy. Low, a partner at Steptoe & Johnson LLP, acted in response to a member inquiry – an inquiry prompted, as Low told ASIL members, by “International Law and the Future of Peace,” the speech I gave upon receiving the 2013 Prominent Woman in International Law award of ASIL’s Women in International Law Interest Group. As I indicated in that speech, original credit is owed to yet another ASIL President: Professor Alona Evans (below left), the 1st woman elected to lead the Society, in 1980, her tenure cut short by her death at age 63 that same year.

Six years earlier, Evans and Carol Per Lee Plumb had published “Women and the American Society of International Law” in the American Journal of International Law. They reported that ASIL, founded in 1906, had refused women’s applications for membership until 1921, the year after the U.S. Constitution was amended to give women the right to vote. Applicants before that time included:

► Lockwood (1830-1917) (top, middle), an attorney-activist who gained admittance to the District of Columbia bar in 1873 thanks to the intervention of U.S. President Ulysses Grant. Thereafter, she became the 1st woman to appear on an official ballot as a candidate for U.S. President, and also the 1st to argue a case before the U.S. Supreme Court.

► Addams (1860-1935) (top, right), the Chicago settlement house leader whose achievements including chairing the 1915 International Congress of Women at The Hague and serving and the 1st President of the Women’s International League for Peace and Freedom. She would earn the Peace Prize in 1931.

According to Evans’ co-authored article, when Addams sought ASIL membership, she was sent a letter in which she was “invited, instead, to subscribe to the Journal ‘for the same amount as the annual dues ….’” That letter constitutes one of the few remaining records of such applications; it is for this reason that the 2018 Resolution refers to all women, known and unknown, who were denied membership.

Similarly lacking is evidence of how members of other groups fared in ASIL. (The sole African-American person elected ASIL President, C. Clyde Ferguson Jr., served just before Evans.) The Society has further resolved to seek this information and grant redress.

As for Evans, President Low indicated that the Society is considering how best to honor her legacy. These resolutions surely constitute a superb 1st step.

It is hard to believe that 50 years have passed since the assassination, on this day in Memphis, of Rev. Dr. Martin Luther King, Jr. His life – and his death – have framed much of my own life, as a schoolchild and law student in Chicago, as a law clerk once struck with awe when his widow, Coretta Scott King, walked past, as an attorney representing poor persons charged with federal crimes, and as a professor, first at Martin Luther King Jr. Hall, now very near King’s native Atlanta, and as a scholar of human rights, human security, and the laws of war and peace. King’s influence is evident in my recent borrowing of his “arc of justice” metaphor and in my many posts about him and the movement of which he was a part.

To commemorate this anniversary, I reprint here one such post, published in 2008:

What Dr. King did

Backlash has been part and parcel of decades-old struggle to set aside this day in honor of the Rev. Dr. Martin Luther King, Jr., born 79 years ago this month. Most years backlash has come from the right, often from elements once aligned with segregation. (On that point, see this excellent op-ed.)
This year questions have come from a different direction. A Democratic presidential candidate has indicated that King was a talker, that it was President Lyndon B. Johnson who delivered civil rights to people of color in the United States. What was said:

Dr. King’s dream began to be realized when President Johnson passed the Civil Rights Act. It took a president to get it done. … The power of that dream became real in people’s lives because we had a president ….

In view of this claim, it seems appropriate to recall at least some of what Dr. King did — not only through the act of talking, but also through the acts of submitting to arrest, of marching, of putting himself before hostile crowds.
What Dr. King did, after he won the 1964 Nobel Peace Prize (above), was to act upon his understanding that civil rights depended on peace.
What Dr. King did was this: he defied the President to whom, that 1 candidate said, King owed everything. King opposed the Vietnam War, and in so doing, spoke against war itself. The 1st audio-visual item below, a brief video pastiche, demonstrates the nature and scope of his opposition. The 2d audio-visual item below, a longer audio clip of a sermon in which King explained his opposition, found evil in the sending of poor people of all races to kill another nation of poor people:

We were taking the black young men who had been crippled by society and sending them eight thousand miles away to guarantee liberties in Southeast Asia which they had not found in Southwest Georgia and East Harlem. So we have been repeatedly faced with a cruel irony of watching Negro and white boys on TV screens as they kill and die together for a nation that has been unable to seat them together in the same school room. So we watch them in brutal solidarity, burning the huts of a poor village. But we realize that they would hardly live on the same block in Chicago or Atlanta. Now, I could not be silent in the face of such cruel manipulation of the poor.

Recalling prior encounters with segregationist sheriffs, King continued:

Oh, the press was so noble in its applause, and so noble in its praise when I was saying, ‘Be non-violent toward Bull Connor’; when I was saying, ‘Be non-violent toward Jim Clark.’ There’s something strangely inconsistent about a nation and a press that will praise you when you say, ‘Be non-violent toward Jim Clark,’ but will curse and damn you when you say, ‘Be non-violent toward little brown Vietnamese children.’

What Dr. King did is evident in this timeline:

March 2, 1965: “King asserted that the war in Vietnam was ‘accomplishing nothing’ and called for a negotiated settlement.”
March 25, 1967: “King led his first anti-war march in Chicago … and reinforced the connection between war abroad and injustice at home: ‘’The bombs in Vietnam explode at home—they destroy the dream and possibility for a decent America.'”
April 4, 1967: In a speech entitled “Beyond Vietnam,” King spoke out against the war in front of “3,000 people at Riverside Church in New York City.”
April 15, 1967: Despite the NAACP’s resistance to his linkage of peace and civil rights, King, along with Dr. Benjamin Spock (with whom Coretta Scott King had been marching for years) and 10,000 others, demonstrated against war in a march, pictured at right, to the United Nations headquarters in New York.
April 30, 1967: King gave the sermon quoted above at his church, Ebenezer Baptist in Atlanta.
March 31, 1968: In a sermon at the National Cathedral in Washington, D.C., King called Vietnam ‘one of the most unjust wars that has ever been fought in the history of the world.’
Four days later King died, felled by an assassin’s bullet — 4 days, that is, after Johnson announced both that he he would begin to end the war and that he would not seek to remain President after the November election, 4 days after the President had yielded to antiwar entreaties of King and others.
What Dr. King did, through word and deed, was to help force a President to hasten the cause of peace on a troubled planet.
It took a dreamer to get it done.

The U.S. President’s speech to the U.N. General Assembly today sought to draw support from the example of a predecessor, Harry S Truman, who encouraged the founding in 1945 of the United Nations Organization. But on close comparison – that is, analysis more searching than that in a just-published, facile Time account – today’s speech is a far cry from the global vision of Truman era.

“The United Nations represents the idea of a universal morality, superior to the interests of individual nations. Its foundation does not rest upon power or privilege; it rests upon faith. They rest upon the faith of men in human values – upon the belief that men in every land hold the same high ideals and strive toward the same goals for peace and justice.”

So said Truman in 1950 to the General Assembly in New York, delivering the traditional head-of-state speech on behalf of his country.

In the aftermath of World War II – a war that he had brought to a close following the death-in-office of President Franklin D. Roosevelt – Truman pushed for establishment of an international organization that would bring collective security to a world that, then as now, was troubled. His United States hosted the diplomatic conference at which the Charter of the United Nations was adopted on June 26, 1945. That Charter lays out a plan for international regulation of the use of military force – a plan established by, to quote the Charter’s very first words:

“We the peoples of the United Nations determine to save succeeding generations from the scourge of war…”

U.S. President Harry S Truman addresses 1945 San Francisco Conference to draft the Charter of the United Nations. (credit)

In April 1945, fewer than two weeks after VJ Day, Truman had opened that San Francisco Conference with a speech that placed collective security over the whims of any single country. To quote President Truman:

“The essence of our problem here is to provide sensible machinery for the settlement of disputes among nations. Without this, peace cannot exist. We can no longer permit any nation, or group of nations, to attempt to settle their arguments with bombs and bayonets.”

Five years later, his 1950 address to the General Assembly acknowledged:

“Governments may sometimes falter in their support of the United Nations, but the peoples of the world do not falter.”

By way of example, Truman in 1950 cited the “widespread,” “overwhelming,” and collective efforts of the United Nations to repel the then-recent invasion of South Korea. “In uniting to crush the aggressors in Korea” – note that Truman spoke of crushing aggressors, and not of destroying an entire country – he maintained that countries had “proved that the charter is a living instrument backed by the material and moral strength of members, large and small.”

In the U.S. head of state’s General Assembly speech today, the world heard a very different address, by a very different holder of the office of the U.S. President. Today’s speech referred to Truman and Truman-era policies like the Marshall Plan as purveyors of “three beautiful pillars,” of “sovereignty, security and prosperity.”

It must, however, be noted that no reference to sovereignty or prosperity may be found in the two pivotal Truman speeches. Not one of the three quoted words appears in the speech by which Secretary of State George Marshall announced his eponymous plan, either. Security does receive mention in Truman’s April 1945 speech, but in a global, collective, and cooperative, and not an individual nation-state, sense, as here:

“With firm faith in our hearts, to sustain us along the hard road to victory, we will find our way to a secure peace, for the ultimate benefit of all humanity.”

Truman’s envisagement of “peace, for the ultimate benefit of all humanity” exists worlds away from the enshrinement in today’s speech of individual state sovereignty.

Today’s the 50th anniversary of “Daisy.” That’s the 60-minute TV advertisement in which a toddler‘s miscount to 10 morphs into a military backcount to 1; simultaneously, her right eye shapeshifts into a mushroom cloud whose explosion wreaks devastation. (Video above.)

“Daisy” helped propel President Lyndon B. Johnson, who had taken office after the assassination of John F. Kennedy less than a year earlier, to a landslide November 1964 win against GOP challenger Barry Goldwater. It’s worth noting for more than that, though. One wonders, for instance, whether the powerful symbolism inspired later Flower Power protests (protests against the escalation of Vietnam, undertaken by post-election President Johnson), not to mention masthead_posterLorraine Schneider’s iconic sunflower poster (right).

Even filtered through the lens of campaign bluster, moreover, the core sentence in “Daisy” has contemporary relevance:

‘We must either love each other, or we must die.’

Stunned to listen to this poem by Caitlyn Clark, recited on stage at a John Legend’s Hollywood Bowl concert 2 days ago. It’s moving, heartfelt, raw, and real. She wants to make revolution not with the children who have been felled but with those who still live and can bring change to our troubled times. And, I am most proud to say, she is my cousin, daughter of my favorite first cousin, who, as she tells the world in this amazing video, did 6 months’ active duty at Bagram Prison, Afghanistan. ¡Brava, Caitlyn!