The detention of combatants in wartime

The UK Attorney-General got really worked up after 9/11 about the detention without trial in Gitmo of British terrorists captured in the field of battle by the USA.

The British had internment without trial from 1971 to 1975 in Northern Ireland. The UK Attorney-general accidentally forgot about this when getting prim and proper over the detention of British terrorists abroad:

  • Internment without trial was not new as the Northern Ireland Government had used special powers acts from time to time since 1922; and
  • The 1971 internments were under the Civil Authorities (Special Powers) Act (1922) (Northern Ireland) on August 9, 1971, and then the Detention of Terrorists (Northern Ireland) Order 1972.

Antiterrorist laws in the UK from the 1970s onwards allowed suspects to be held for 7 or 14 days without charge, and now allow for 42 days detention without being charge.

Canada interned 450 Quebec nationalists without trial during the October crisis in 1971 after two kidnappings and a history of bombings and several murders dating from the early 1960s. That left-wing hero Trudeau was the dirty rotten scoundrel behind this human rights abomination. Canada uses a memory hole for the October crisis when it rides its own high horse over Gitmo

Australia and the UK had interment of enemy aliens in World War 1 and 2:

  • During the First World War, 6,890 Germans were interned, of whom 4,500 were Australian residents before 1914. In NSW the principal place of internment was the Holsworthy Military Camp. Shame Labour shame!
  • Australia interned about 7000 residents, including more than 1500 British nationals, during World War II. A further 8000 people were sent to Australia to be interned after being detained overseas by Allies. At its peak in 1942, more than 12,000 people were interned in Australia. Shame Labor shame.

Canada and the USA interned Japanese citizens and aliens by the hundreds of thousands in World War 2.

Lincoln suspended habeas corpus in the civil war. He did not consult Congress.

Roosevelt had several German saboteurs that landed in the USA quickly executed after brief trials before military commissions in 1942.

The detention of captured enemy combatants is incidental to the conduct of a war.

Was this detention without trial wrong? Did these soldiers have a right to a trial? Did they have the right to bail? The right of access to a lawyer?

There would need to have been a lot of lawyers because 11 million German and Japanese soldiers were detained by the Allies by the end of the war in 1945.

The relative contributions of Thomas Schelling and the peace movement to the risks of war

Thomas Schelling (and Robert Aumann) did terrible things such as work out how not to blunder into wars and how to deter wars rather than have to actually fight them.

Schelling’s unique contribution at the Rand Corporation involved viewing strategic situations as bargaining processes.

Focusing on the stand-off between the United States and the Soviet Union, Schelling observed that the two superpowers had both shared and opposing interests.

Their shared interests involved avoiding a nuclear war, while their opposing interests concerned dominating the other. Conflict and cooperation became inseparable.

Iran and Israel are moving down that same path if both have nuclear weapons.

Schelling focused in particular on how the United States and Soviet Union could arrive at and stick to bargains by means of deterrence and compellence.

Deterrence involves dissuading the other from doing something, while compellence referred to persuading the other to do something.

  • Deterrence and compellence are supported by threats and promises.
  • Threats are costly when they fail and successful when they are not carried out.
  • Promises are costly when they succeed and successful when they are carried out. A threat is cheaper than a promise because you do not have to carry it out if your threats work in intimidating others to do what you want.

Since the exploitation of potential force is better than the application of force, it is key to use threats and promises while avoiding having to act upon these.

The challenge is to communicate threats and promises in a credible manner.

The ability to hurt people is conducive to peace, while the ability to destroy weapons increases the risk of war. This is the paradox of deterrence. A country needs a credible second-strike capacity to deter a pre-emptive first strike. A country needs its missiles to survive such an attack.

Populations are better protected by protecting the missiles. By protecting the missiles rather than their cities, each side was offering their populations as a hostage to the other.

With each side holding the other’s cities as hostage, neither has an incentive to strike first. This is much safer than having each side worried about their weapons been destroyed and they therefore use them before they are destroyed in some minor crisis.

That is one of Schelling’s many contributions to peace.

What were the contributions of the peace movements?

Robert Aumann argued well that the way to peace is like bargaining in a medieval bazaar. Never look too keen, and bargain long and hard. Aumann argues that:

If you are ready for war, you will not need to fight. If you cry ‘peace, peace,’ you will end up fighting…

What brings war is that you signal weakness and concessions.

Countries are more likely to cooperate if they have frequent interactions and have a long time horizon. The chances of cooperation increase when it is backed by the threat of punishment.

Disarmament, Aumann argues, “would do exactly the opposite” and increase the chances of war. He gave the example of the Cold War as an example of how their stockpiles of nuclear weapons and fleets of bombers prevented a hot war from starting:

In the long years of the cold war between the US and the Soviet Union, what prevented “hot” war was that bombers carrying nuclear weapons were in the air 24 hours a day, 365 days a year? Disarming would have led to war.

Aumann has quoted the passage from the biblical Book of Isaiah:

Isaiah is saying that the nations can beat their swords into ploughshares when there is a central government – a Lord, recognized by all.

In the absence of that, one can perhaps have peace – no nation lifting up its sword against another.

But the swords must continue to be there – they cannot be beaten into ploughshares – and the nations must continue to learn war, in order not to fight!

The Anti-War Left and the purpose of the International Humanitarian Laws of War

When it comes to the raison d’être of international humanitarian law, a stout ignorance infects the Renegade Left.

 

The purpose of international humanitarian law is to ensure a strict differentiation between civilians and combatants and provide for the detention and treatment of captured combatants.

The prospect of humane detention until the end of the conflict increases both the incentive to give quarter and to surrender when a military position is hopeless.

The purpose of this wartime detention of combatants is not to punish them, but to prevent return to the battlefield. Some of the detainees who have been released from Gitmo have returned to the battlefield.

The strict requirement under the Geneva conventions for combatants to carry their weapons openly and to dress in a uniform recognisable at a distance is to ensure that combatants are easy to distinguish from afar so that troops do not get trigger happy around civilians and refugee columns.

This is the fundamental purpose of international humanitarian law: saving civilians from the fighting.

In return for many legal protections from being harmed by the hostilities, civilians are strictly forbidden from engaging in hostilities.

If civilians directly engage in hostilities, they are considered unlawful or unprivileged combatants or belligerents. They may be prosecuted under the law of the detaining state. Both lawful and unlawful combatants may be interned for the duration in wartime, and they may be interrogated and also prosecuted for war crimes.

The severest of punishments are allowed for spies, saboteurs, infiltrators, francs-tireurs and guerrillas. Not carrying weapons openly and not dressing in a military uniform that is recognisable from a distance is a self-inflicted death sentence.

In the Battle of the Bulge, the English-speaking Nazi infiltrators dressed in American uniforms lost all interest in their missions once the first few who were captured were court-martialled in the field and immediately shot. This was the standard practice of every army at the time.

The Hostages Trial at Nuremburg dismissed some murder charges against some German commanders because partisan fighters in Europe could not be considered lawful belligerents under Article 1 of the 1907 Hague convention. The Tribunal stated:

We are obliged to hold that such guerrillas were francs tireurs who, upon capture, could be subjected to the death penalty. Consequently, no criminal responsibility attaches to the defendant List because of the execution of captured partisans…

The term combatant denotes the right to participate directly in hostilities. Lawful combatants cannot be prosecuted for lawful acts of war in the course of military operations even if their behaviour would constitute a serious crime in peacetime.

The term unlawful combatant was first used in US law in a 1942 United States Supreme Court decision in the case Ex parte Quirin.

The Supreme Court upheld the jurisdiction of a U.S. military tribunal over the trial of several German saboteurs in the US. This judgment states:

By universal agreement and practice, the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants.

Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful.

The criteria from a just war include "serious prospects of success" and "the use of arms must not produce evils and disorders graver than the evil to be eliminated.

Neither applies to the firing of missiles from the Gaza into Israel after the 2005 disengagement.

When was the last time the Progressive Left denounced Hamas as war criminals for targeting civilians in Israel and intermingling with their own civilians for cover. Both are war crimes

This Google map shows much of the Gaza Strip is rural. There is plenty of rural land that is ideal for Hamas military bases this away from civilian centres as required by the laws of war.

The laws of war do not make it safer to be a combatant.

The laws of war are designed to reduce the chances that civilians are attacked because they are near military targets and of soldiers unlawfully intermingle among them for cover.

Thomas Schelling on the impossibility of nuclear disarmament

Thomas Schelling 1962

We cannot abolish conventional wars for the same reason:

Thomas Schelling 1961

While I have your attention, imagine if all nuclear weapons were abolished:

Thomas Schelling 2009

Compare the sleepy world we have now with one where the first country to reacquire one nuclear weapon would be dominant. Some practice a variation of this with nuclear weapons now.

Because latent capacity to develop nuclear weapons is not prescribed by the Nuclear Non-Proliferation Treaty, as a work-around of the treaty, this is sometimes called the “Japan Option”. Japan is a clear case of a significant advanced country with the complete technical prowess and nuclear materials to develop a nuclear weapon quickly.

A country does not need to test weapons nor declare its latent nuclear potential. Yet just keep the resources for a latent nuclear potential on hand for a crash programme.

What were Truman’s other options before Hiroshima-updated?

A demonstration explosion would have signalled to the Japanese oligarchy that the new president is weak and reluctant to spill blood.

The Japanese leadership had already interpreted the terms of the Potsdam declaration was a sign of weakness. They hoped that by making the invasion of Japan as bloody as possible, they could extract even better terms in light of this sign of weakness at Potsdam.

The willingness of the Japanese oligarchy to waste the blood of their own people and spill the blood of others without limit was central to their strategy of avoiding occupation and the dismantling of the old order.

Japan was governed largely by a consensus among an oligarchy of military and civilian factions. No major decisions of national policy could be reached until such a consensus had been obtained:

Japan’s governmental structure was such that in practice the Emperor merely approved the decisions of his advisers.

A consensus among the oligarchy of ruling factions at the top was required before any major question of national policy could be decided.

These factions, each of which had a different point of view, included the group around the Emperor of whom Marquis Kido, the Lord Keeper of the Privy Seal, was the most important, the ex-premiers constituting the Jushin or body of senior statesmen, and the cabinet.

The Army and Navy named their own cabinet ministers, who, together with the two chiefs of staff, had direct access to the Emperor.

The cabinet could perpetuate itself only so long as it was able to absorb or modify the views of the Army and Navy ministers, who, until the end, were strongly influenced by the fanaticism of the Army officers and many of the younger Navy officers.

The ruling oligarchy considered the opinions of the Japanese people as only one among the many factors to be taken into consideration in determining national policy and in no sense as controlling.

This process inevitably took time and involved complicated struggles of will among those of differing opinions. Assassinations and the threat of the same often greased the wheels.

The Japanese oligarchy felt in the spring of 1944 that Japan was facing certain defeat or at least that the time had come for positive steps to end the war. Prime Minister Tojo was forced to resign to make way for those more skilled at extracting the best possible terms to end the war.

Japan always anticipated a negotiated end of the war in the Pacific.

  • The Japanese elite considered that the weakness of the U.S. as a democracy would make it impossible for her to continue all-out offensive action in the face of the losses imposed by a fanatically resisting Japanese military;
  • The U.S. would compromise and allow Japan to retain a substantial portion of her initial territorial gains; and
  • Civilian and naval groups were familiar with American industrial and technological potential, and its fighting determination when aroused, expressed their doubts about a strategy which promised no conclusion to the war other than negotiation.

While Japan no longer had a realistic prospect of winning the war by the end of 1944 and they knew it, Japan’s leaders believed they could make the cost of conquering Japan too high for the Allies to accept, leading to some sort of armistice rather than total defeat.

The Japanese army fought to the death with 99% plus casualty rates as the Americans moved from island to island to show that any attempt to invade Japan would be too high a price to pay.

This was the Japanese ruling elite’s ace in the hole. The War Department staff in Washington estimated there would be 250,000 to 500,000 American casualties in an invasion of Japan.

500,000 Purple Heart medals were manufactured in anticipation of the casualties resulting from the invasion of Japan.

  • To the present date, all the American military casualties of the sixty years have not exceeded that number.
  • In 2003, there were still 120,000 of these Purple Heart medals in stock!

After the bombings, a public admission of defeat by the responsible Japanese leaders was secured prior to an invasion and while Japan was still possessed of some 2,000,000 troops and over 9,000 planes in the home islands.

There was no need for the Allies to either invade Japan or deal with the million Japanese troops in China who could have held out as a government-in-exile.

What were the chances of a military coup and assassinations and of army mutinies in China if the Japanese leaders capitulated? There were coup and assassination attempts after the figure-head emperor was used to resolve the dead-lock in a face saving way.

The 12-15 August coup plotters failed to persuade the Eastern District Army and the high command of the Imperial Japanese Army to move against the surrender. Importantly, the junior officers leading the coup felt secure enough to approach the Army minister and senior army officers as potential co-conspirators.

The army leadership knew of the coup plans but neither joined the plotters nor arrested them.

The key point is any Japanese government would automatically fall if the navel or army minister resigned. The Army and Navy name their own cabinet ministers. The resignation of Shigetaro Shimada, the Navy Minister, forced out Tojo in 1944.

The Oligarchy had decided in late 1944 that Japan was facing ultimate defeat and unseated the Tojo government in favour of a new cabinet which would bring the war to an end on terms that preserved old military dominated oligarchic order. The army and navy ministers did not resign after the post-atomic bombing peace terms were accepted. They knew the game was up.

A hypothetical:

  • You are Truman’s chief defence counsel at his 1946 impeachment hearings where he is charged with not using the atomic bomb as soon as possible to force the Japanese to accept terms of surrender.
  • Truman could have chosen to abjure from using the 2 bombs at his disposal and let the fire bombings burn down most Japanese cities and towns from new air bases for B26s from Okinawa, let 100,000 Chinese be slaughtered on average every month at the hands of the occupying Japanese army, and invade in December and call forth a slaughter of a million or two more.
  • The second bombing discredited the important faction within the Japanese ruling oligarchy that argued that the USA had only one bomb to use.

Truman’s secretary of state put this hypothetical to Truman when he was wavering on using the bomb.

I always wonder when people engage in handwringing over the horrors of war, will any of their suggestions about the good guys staying their hands ever shorten these wars.

Would World War 2 have finished even one day earlier if the handwringers had their way on how wars should be fought by the good guys? Who would have won?

First they came…

Dad’s Army

Don’t Tell Him Pike is the single funniest clip from the funniest BBC comedy of all time.

More on Dad’s Army is at the Dad’s Army Appreciation Society.

All of Dad’s Army is on YouTube including Deadly Attachment from which the above clip is from.

On 14 May 1940 the Secretary of State for War, Anthony Eden, gave a radio broadcast announcing the formation of the Local Defence Volunteers (later renamed the Home Guard).

Eden called on men between the ages of 17 and 65 who were not in military service but who wished to defend their country against an invasion to enrol at their local police station.

250,000 volunteers attempting to sign up in the first seven days; by July this number increased to 1.5 million wanting to defend their freedom.

Underneath all the satire of Dad’s Army, that courage and patriotic commitment is plain.

Video

The Crusader State versus the Foreign Policy of the Old Right

The foreign policy of the Old Right of the Republican Party is undergoing a revival through the now retired Congressmen Ron Paul and now his son, Senator Rand Paul. They are the joint heirs of the Old Right of the Republican Party and Senator Robert A. Taft.

TIME Magazine Cover: Robert A. Taft -- June 2, 1952

In The Republican Road Not Taken: The Foreign-Policy Vision of Robert A. Taft Michael T. Hayes argues that Taft was isolationist, which is opposition to binding commitments by the U.S. that would create new, or expand existing, obligations to foreign nations. Like many Americans of his era – the 1940s and early 1950s – Taft gladly would have:

let the rest of the world go its own way if it would only go without bothering the United States

Taft advocated what he called the policy of the free hand, whereby the United States would avoid entangling alliances and interferences in foreign disputes:

  • This policy permitted government leaders the freedom of action to decide in particular cases whether a vital U.S. interest warranted involvement.
  • Taft correctly pointed to features of the United Nations that would prevent its serving as a real force for peace and equality under the law.
  • He challenged the Truman administration’s assessment of the Soviet military threat against Western Europe.
  • He anticipated correctly that a steady rise in defence outlays could lead to a “garrison state” and the erosion of civil liberties.
  • Taft was prescient in warning that even well-meaning internationalism would degenerate over time into a form of imperialism that would breed resentment against the United States around the globe, eventually endangering U.S. national security.

In Putting “Defense” Back into U.S. Defense Policy, Ivan Eland argues for an urgent rethinking of America’s national interests:

  • America’s natural geo-strategic position places it at a natural advantage, rendering unnecessary a forward defence posture.
  • A non-interventionist foreign policy would mean lower defence budgets.
  • An America less willing to get involved in complex overseas disputes unrelated to its vital interests would also be less likely to make enemies around the world.

Further to the Libertarian Right, in Where the Left goes wrong on Foreign Policy the late Murray Rothbard asked whether:

  • The Left is prepared to accept a foreign policy in which the United States government allies itself with no one and retires from the world scene, leaving all international encounters to the private realm of free trade, travel, and cultural and social exchange.
  • That is what a policy of genuine non-interventionism and anti-imperialism would mean: a world in which the US government no longer tries to push other people around, on behalf of any cause, anywhere.

One area of agreement between classical liberals and the new left used to be opposition to foreign aid. Foreign aid was a system to subsidise US exports and prop up client states.

Rothbard used a revisionist perspective on foreign policy to argue that:

  • Taking the twentieth century as a whole, the single most warlike, most interventionist, most imperialist government has been the United States;
  • The main thrust of Soviet foreign policy was to preserve what it already has at home and abroad, not to jeopardise it;
  • A conservative Soviet government is capable of dangerous militaristic actions, but these are acts of imperial protectionism, not revolutionary or aggrandisement;
  • National communist movements were not monolithic but independent-minded – the wars between china, the USSR and China and Vietnam are examples; and
  • There vast differences between the various communist regimes throughout the globe spell the difference between life and death for a large part of their subject populations.

History did not perhaps hold up well on Soviet intentions for Rothbard, and Thomas Schelling and Robert Aumann are better writers on how if you want peace, you must prepare for war, but the Old Right did have a point about the crusader state.

In The Empire Has No Clothes U.S. Foreign Policy Exposed, Eland argued that:

In a post–Cold War world, taking into account only the security of American citizens, their property, and U.S. territory, the benefits of an interventionist foreign policy have declined, and the costs have escalated dramatically.

Americans continue to pay excessive taxes to defend countries that are rich enough to defend themselves or to occupy conquered countries in the world’s backwaters (e.g., Iraq and Afghanistan)…

Their sons and daughters are killed on remote foreign battlefields for reasons even remoter from U.S. vital interests.

Crusader states can stumble into wars that they had no intention of fighting both in terms of scale and length. Remember World War 1 where everyone thought they would be home by Christmas after a negotiated settlement.

Tom Schelling looked at going to war as an emergent process. He argues that what a country does today in a crisis affects what one can be expected to do tomorrow. To quote Schelling:

A government never knows just how committed it is to action until the occasion when its commitment is challenged.

Nations, like people, are continually engaged in demonstrations of resolve, tests of nerve, and explorations for understandings and misunderstandings….

This is why there is a genuine risk of major war not from ‘accidents’ in the military machine but through a diplomatic process of commitment that is itself unpredictable.

Schelling goes on to argue wars to save face are, nonetheless, rational:

It is often argued that ‘face’ is a frivolous asset to preserve, and that it is a sign of immaturity that a government can’t swallow its pride and lose face.

But there is also the more serious kind of ‘face’, the kind that modern jargon is known as a country’s ‘image’, consisting of other countries’ beliefs (their leaders’ beliefs, that is) about how the country can be expected to behave.

It relates not to a country’s ‘worth’ or ‘status’ or even ‘honor’, but to its reputation for action.

If the question is raised whether this kind of ‘face’ is worth fighting over, the answer is that this kind of face is one of few things worth fighting over.

Robert Aumann argues well that the way to peace is like bargaining in a medieval bazaar. Never look too keen, and bargain long and hard. Aumann argues that:

If you are ready for war, you will not need to fight. If you cry ‘peace, peace,’ you will end up fighting… What brings war is that you signal weakness and concessions.

Peace feelers in World War 1

There were no meaningful peace proposals by the belligerent governments until 1916.

In late 1916 a series of peace proposals were suddenly put forward, all of them without exception advocating compromises. They contained no demands for unconditional surrender or a dictated peace.

There was Reichstag peace resolution on 19 July 1917. The resolution called for no annexations, no indemnities, freedom of the seas, and international arbitration. It was ignored by the German High Command and by the Allied Powers.

Pope Benedict XV tried to mediate with his Peace Note of August 1917 calling for a return to the pre-war borders.

On November 14, 1917, Lord Landsdowne, a minister in the Asquith cabinet, put forward a letter to the Daily Telegraph on the need for peace negotiations.



The Landsdowne memorandum titled "Coordination of Allies’ War Aims" recommended a serious investigation of the possibility of a peace and advocated that a statement be made by the British government indicating that the destruction of the German Empire was not her goal. Landsdowne said:

We are not going to lose this war, but its prolongation will spell ruin for the civilised world, and an infinite addition to the load of human suffering which already weighs upon it…

We do not desire the annihilation of Germany as a great power …

We do not seek to impose upon her people any form of government other than that of their own choice…

We have no desire to deny Germany her place among the great commercial communities of the world.

Landsdowne favoured a peace on the basis of pre-war status quo. The fall of the Asquith government and the installation of the Lloyd George Cabinet on December 16 put an end to Landsdowne’s activities.

The problem with the negotiation of the end of a war is the securing of credible assurances that the peace is lasting rather than just a chance for the other side to rebuild and come back to attack from a stronger position.

  • When on the advance, the peace feelers of the advancing powers were on basis of keeping conquered territories.
  • When in retreat, the peace proposals of the retreating powers were on the basis of returning to the pre-war borders.

One side will think that the other’s promise not to re-start a war is credible only if the other state would be better off by keeping its promise not to re-start a war than by breaking its promise.

France fortified its border with Germany in the 1920s because of a lack of trust that the peace would endure. Germany was disarmed after 1918 so that the day which it would be a threat again was well into the future.

Watching people fighting on Armistice Day

The Midnight Oil song was true.

Generals launched attacks on Armistice Day in full knowledge that the 11 am. truce had been agreed unofficially up to two days before. The Germans finally signed the armistice at 5:10 a.m. on the morning of the 11th November.

  • The records of Commonwealth War Graves Commission shows that 863 Commonwealth soldiers died on 11 November 1918 – this figure includes those who died of wounds received prior to November 11.
  • The Americans took 3,300 casualties on the last day of the war.

The last American soldier killed was Private Henry Gunter who was killed at 10.59 a.m. – the last man to die in World War One. His divisional record stated:

Almost as he fell, the gunfire died away and an appalling silence prevailed.

General Pershing supported commanders who wanted to be pro-active in attacking German positions on the last day of the war.

Pershing stated at 1919 Congressional hearings that although he knew about the timing of the Armistice, he simply did not trust the Germans to carry out their obligations.

Pershing also pointed out that his orders of the Allies Supreme Commander, Marshal Ferdinand Foch, to

pursue the field greys (Germans) until the last minute

Pershing found the idea of an armistice repugnant. He maintained:

Germany’s desire is only to regain time to restore order among her forces, but she must be given no opportunity to recuperate and we must strike harder than ever.

As for terms, Pershing had one response:

There can be no conclusion to this war until Germany is brought to her knees.

Pershing said that conciliation now would lead only to a future war. He wanted Germany’s unconditional surrender. He insisted that Germany must know that it was fully defeated in the field of battle rather than betrayed from within.

When presented with the terms of the 1919 Treaty of Versailles, several German governments resigned.

France started to remobilise before Germany finally accepted the Treaty. The Treaty was somewhat harsher than the German Foreign Office anticipated.

A blow by blow account of the six-months of treaty negotiations is in Margaret MacMillan Paris 1919: Six Months That Changed the World 2002 who showed that:

  • real defeat was not brought home to the German people,
  • the power of the peacemakers was limited,
  • they were not responsible for the fragmentation of Europe which was already happening,
  • the blockade did not starve Germany,
  • neither the Versailles treaty nor France was vindictive,
  • reparations were not crushing,
  • the treaty was not enforced with any consistency, and it did not seriously restrict German power, and
  • The Versailles treaty was not primarily responsible for either the next twenty years or for World War II.

The high-minded efforts of the Paris negotiators were doomed as some of them realised. Lloyd George wrote:

It fills me with despair the way in which I have seen small nations, before they have hardly leapt into the light of freedom, beginning to oppress other races than their own.

Anzac Day: why did we fight at Gallipoli?

Australia and New Zealand were filled with first and second generation migrants happy to rally to defend their mother country:

  • 12 per cent of the population of New Zealand volunteered to fight; and
  • 13 per cent of the male population of Australia volunteered to fight in World War 1.

The people and governments of New Zealand and Australia of that time were British to their boot straps. The Union Jack was in their flags for a reason.

Our specific quarrel with the Ottoman Empire was it joined Germany and others to be at war with the UK, Australia and New Zealand.

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Removing the Ottoman Empire from that war would have strengthened Russia. A stronger Russia would have weakened Germany and its allies and brought the war to an earlier end.

The governments of Australian and New Zealand fell over themselves to declare war and pledge troops in 1914.

World War 1 started in the middle of an Australian election campaign in 1914.

In the September 1914 election, both opposition leader Andrew Fisher and Prime Minister Joseph Cook stressed Australia’s unflinching loyalty to Britain, and Australia’s readiness to take its place with the allied countries.

Labor Party leader Fisher’s campaign pledge was to:

stand beside the mother country to help and defend her to the last man and the last shilling.

Labor defeated the incumbent government to win majorities in both houses. Billy Hughes and his nationalist party won the 1917 election in a landslide.

New Zealanders had even a better chance to reflect on the war-making choices of their leaders in 1914.

Our election was in December of 1914. The passions of the moment had some chance to calm, and the fighting has started for real.

The will of the people was a 90 per cent vote for the war parties. New Zealanders could have voted for the Labour MPs, several of whom were later imprisoned for their anti-conscription activities or for refusing military service.

In New Zealand, after that wartime election, the Prime Minister was an Irish Protestant who formed a coalition with an Irish Catholic as his deputy.

Do you know of a superior mechanism to elections for measuring the will of the people? Are elections inadequate to the task of deciding if the people support a war and that support of the public is based on well-founded reasons?

The reasons for New Zealand and Australia fighting are the just cause of fighting militarism and territorial conquest, empire solidarity, regional security interests such as the growing number of neighbouring German colonies, and long-term national security. A victorious Germany would have imposed a harsh peace.

New Zealand and Australian national security is premised on having a great and powerful friend. That was initially Britain. When the USA arrived in 1941 as a better great and powerful friend, the British were dropped like a stone.

Anzac Day: Gallipoli as a strategic and then a humanitarian intervention

A victory at Gallipoli would have:

• brought World War 1 to an earlier conclusion; and

• Allowed for earlier arrests of the perpetrators of the Armenian genocide that started 99 years and one day ago.

On May 24, 1915, the Allied Powers jointly issued a statement explicitly charging for the first time ever another government of committing `a crime against humanity’.

The Allied Governments announce publicly that they will hold personally responsible all members of the Ottoman Government, as well as those of their agents who are implicated in the Armenian massacres.

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Hundreds of eyewitnesses, including the neutral United States and the Ottoman Empire’s own allies recorded and documented numerous acts of state-sponsored massacres of Armenians. The United States had several consulates throughout the Ottoman Empire until it joined the Allies in 1917. There were also numerous missionary compounds established in Armenian-populated regions.

Many foreign officials offered to intervene on behalf of the Armenians, including the Pope.

The Wiki entry on the contemporary reporting of the genocide is instructive with a scan of a 16 July 1915 U.S. diplomatic cable on this campaign of race extermination.

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Australian and New Zealand participation in the invasion of the Ottoman Empire as a by-product set the legal and moral infrastructure for the Nuremberg trials: governments would hold others to account for crimes against humanity and genocide.

Article 230 of the 1920 Treaty of Sèvres required the defeated Ottoman Empire to hand over to the Allied Powers the persons whose surrender may be required by the latter as being responsible for the massacres committed during the continuance of the state of war on territory which formed part of the Ottoman Empire on August 1, 1914

Various Ottoman politicians, generals, and intellectuals were transferred to Malta where they were held for some three years while searches were made of archives in Constantinople, London, Paris and Washington to investigate the Armenian genocide.

The Inter-Allied tribunal never solidified and the detainees were eventually returned to Turkey in exchange for British citizens held hostage by Kemalist Turkey.

Col Tim Collins’ inspirational speech – Kenneth Branagh

Kenneth Branagh recreates Col. Tim Collins’ off-the-cuff speech to 1 Batt., Royal Irish Regiment, on 19 March 2003 just before the invasion of Iraq. From the BBC production 10 Days to War.

A nearby BBC journalist took this history down short-hand.

Video

The war against terror really is a war

Some pretend that the war on Al-Qaeda is not a war and attacking them with drones is illegal under international law. Under this theory, terrorism is a crime, not an act of war. Terrorists such as Australia’s own David Hicks are just criminals. These criticisms rest on profound misconceptions about the international laws of war.

The hijacking of airliners was defined by the UN in the 1970s as aerial piracy.

The 9/11 terrorists were air pirates. NATO and allied military entered Afghanistan to subdue the home base of these brigands and those that harboured them:

  • Naval and military deployments against pirate’s lairs date back thousands of years.
  • The first war of the USA was with the Barbary Pirates in 1801 to 1805, with another war in 1815. These pirates waged war against the shipping of other nations, seized cargoes and ships, and sold captives into slavery.
  • Punitive expeditions against bandits were commonplace too, such as chasing Pancho Villa and his gang of bandits back into Mexico in 1916.
  • The U.S. military recently attacked a Somalian maritime pirate camp to rescue hostages. EU naval forces have also attacked these pirate lairs to destroy boats and supplies.

The case for attacking Afghanistan was as a limited, punitive expedition to degrade it as a terrorist base camp. That mission was accomplished in 2001 and 2002.

Does Al-Qaeda and other terrorist militias wear uniforms and carry their weapons openly as required by international law to qualify as a lawful combatant? Al-Qaeda and other terrorist militias routinely commit war crimes under the Geneva conventions by intermingling with civilians and by “locating military objectives within or near densely populated areas”.

International humanitarian law permits members of the armed forces of a state that is party to an international armed conflict and associated militias who meet the requisite criteria to wear uniforms, carry their weapons openly, and directly engage in hostilities. They are generally considered lawful, or privileged, combatants who, when captured, may not be prosecuted for taking part in hostilities as long as they respect international humanitarian law.

The whole purpose of requiring belligerents to wear uniforms recognisable at a distance and to carry their weapons openly is to protect civilians. Each side can see the other clearly and has no excuse for getting ‘trigger happy’ around civilians.

It is the terrorists who violate the laws of war by hiding themselves and their bases within civilian populations, thereby drawing unwilling and unsuspecting innocents into the fighting.

If civilians directly engage in hostilities, they are considered unlawful or unprivileged combatants or belligerents. They may be prosecuted under the law of the detaining state. The Allies detained 11 million POWs (and captured enemy personnel) without charge or trial by the time World War II ended. None were allowed access to a lawyer or had the right to seek bail.

Because the USA and others are at war with Al-Qaeda, they can use force to conduct hostilities against the enemy and those who harbour them. The Taliban was warned. A Wiki has this nice quote by Stone (1921):

When the territorial sovereign is too weak or is unwilling to enforce respect for international law, a state which is wronged may find it necessary to invade the territory and to chastise the individuals who violate its rights and threaten its security.

When a nation goes to war, it seeks to defeat and subdue its enemy to prevent further attacks.

The U.S. and allied military and intelligence services are legally and morally free to target Al-Qaeda for an attack whether they are on the front lines or behind them, with or without warning and without any attempt to capture.

A corollary of the right to kill enemy personnel is that the deaths of civilians that occur in legitimate attacks against military targets are not illegal. It is pious to deny this. It denies the most basic and best understood of moral distinctions: between premeditated murder and unintended killing.

It is the central principle of the international laws of war that innocent civilians should not be targeted. On the other hand, the rules of war accept the death of civilians in or near legitimate military targets.

Al-Qaeda will never follow the rules of war. Al-Qaeda gains its only tactical advantages by systematically flouting them and hiding among civilians.

The renegade Left for decades wanted terrorists to be treated as prisoners of war, and thereby held to the end of the war and not otherwise punished. Now, the renegade Left don’t want terrorists to be held as captured combatants to the end of the war. Instead, they want them to have the right to apply for bail.

As part of law-fare, one or two fathers applied to the U.S. courts for injunctions to stop drone attacks on their wayward sons on a best friend basis. They failed and were reminded by the Court that if they were so worried, their sons could pop down to the nearest U.S. embassy and discuss their fears: surrender for extradition.

Al-Qaeda and 9/11 will not go away if only history were different and the USA had kept more to itself prior to 9/11. The war against Al-Qaeda started from the world as it was on 9/11 for all its flaws. After 9/11, mutual defence obligations were triggered under NATO and ANZUS, in addition to the UN resolutions. Navies and armies have fought pirates and bandits for thousands of years.

P.S. All terrorists and members of the Taliban are war criminals because:

  • Article 51 (7) of Protocol I of the Geneva Convention states: “The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular attempts to shield military objectives from attacks or to shield, favour or impede military operations”.
  • The Geneva Convention also holds that “The presence of a protected person may not be used to render certain points of areas immune from military operations”. (Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949, Laws of Armed Conflicts, 495, 511.)
  • The Rome Statute is clear that “utilizing the presence of civilians or other protected persons to render certain points, areas or military forces immune from military operations is recognized as a war crime by Article 8 (2) (b) (xxiii)”.

Why only Nixon could go to China and Clinton finish the Reagan Revolution

The secret of winning the swing vote is having policies slightly different from your opponent. Recall Tyler Cowen and Daniel Sutter’s Why Only Nixon Could Go to China in Public Choice.

 

File:Nixon Mao 1972-02-29.png

Cowen and Sutter say that a policy could depend on information – on which policies or values everyone could potentially agree, or on which agreement is impossible.

Politicians, who value both re-election and policy outcomes, realise the nature of the issue better through inside and secret information and superior analytical skills (or access to those skills), whereas voters do not have access to such information base or skills.

Only a right-wing president can credibly signal the desirability of a left-wing course of action. A left-wing president’s rapprochement with China would be dismissed as a dovish sell-out. The Nixon paradox held because citizens could vote retrospectively on the issue.

Left-wing parties adopt right-wing policies because they are good ideas that will get them re-elected. Bob Hawke, Tony Blair, and Bill Clinton were firmly camped over the middle-ground.

Only centre-left economic reformers can credibly signal the desirability of their economic reforms because of the brand name capital they invested in distributional concerns and protecting the poor.

Because of their proven record and brand name, they do not jeopardise their support or credibility by seemingly departing from their core values. They must have done so because it was the right thing to do given events and the long-term interests of the lower-income groups they represent.

Bill Clinton balanced the budget and introduced sweeping welfare reforms in 1996 after vetoing two earlier bills because this finally fulfilled his 1992 campaign promise to “end welfare as we have come to know it”. As he signed the bill on August 22, 1996, Clinton stated that the act:

gives us a chance we haven’t had before to break the cycle of dependency that has existed for millions and millions of our fellow citizens, exiling them from the world of work. It gives structure, meaning and dignity to most of our lives.

Jimmy Carter was a bigger deregulator than Reagan. Obama uses drones far more often than Bush did.

Major labour law reforms were passed in Germany under a left-wing government after decades of 10% unemployment rates and average German unemployment spells for about a year. The key part of these reforms came into play just before the global financial crisis hit and was a major reason for the unemployment rate in Germany falling despite the onset of GFC.

Why Only Nixon Could Go to China also explains why hawks such as Reagan and Begin and other right wing party leaders were able to negotiate peace treaties that eluded more dovish politicians who ran on ‘peace now’ slogans.

Reagan signed the Intermediate-Range Nuclear Forces treaty, walked with Gorbachev in Red Square and seriously offered complete mutual nuclear disarmament in Reykjavik in 1986. Any other American President who offered complete mutual nuclear disarmament would have been impeached.

https://i0.wp.com/www.reagan.utexas.edu/archives/photographs/large/c47345-10.jpg

Hawks also have the right negotiating stance. Robert Aumann argues that:

If you are ready for war, you will not need to fight. If you cry ‘peace, peace,’ you will end up fighting… What brings war is that you signal weakness and concessions.

Only then will both sides negotiate because they know that the other side is willing to walk away and perhaps not come back for a long time. Unless it gets reasonable offers that will be binding on both sides for a long time because both win more for honouring their promises rather than threatening war again soon.

Left-wing politicians can deliver economic reforms because they can deliver new voting blocs to the realignment of political coalitions. This new bloc of centre-left voters and some members of existing political and special interest groupings benefit from regrouping and joining new political coalitions that push through the reforms. An ageing society, budget deficits, technological innovations and shifts in production cost structures and in consumer demand can all make the existing political coalitions less rewarding than in the past.

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