Tag Archive for China

Reflections on the Israel-Hamas Conflict in Gaza and Stray Voltage on Genocide, Proportionality, Apartheid, Collective Punishment, and the Impact of the (Demise of) the Right of Conquest  

November 7, 2023 Human Rights & Conflict, Intl Law, Prevent/Contain Intl. Conflicts No comments

Disclaimer: The posts, views and opinions expressed on this site are completely my own and do not represent the views or opinions of my employer, the Department of Defense (DoD), the Armed Services, nor any part of the Defense Industrial Base.

It has been a long time since I posted anything to Kapok Tree. But there is just so much going on in the world with the Ukraine-Russia conflict, the Israel-Hamas conflict, rising antisemitism, flagrant violations of international law, rising national debt, etc.  I thought this might be a good time to lay a couple things on the table that might get us thinking.  I do want to talk about the conflict in Gaza and clarify a couple things on proportionality, apartheid, collective punishment and genocide, as well as do something unique by looking at the right of conquest, but I’m not going to get into an analysis of U.S. policy or what the U.S. should or shouldn’t do.  I will aim to keep my discussion confined to the topic of international law.  Let’s get into it.

The Permanence of Warfare (well, until Jesus comes back) 

What is happening with Israel and Hamas is really nothing new considering biblical truth.  Warfare and violent conflict have always been a sign of spiritual failure. 

James 4:1-3 says: 

“Where do wars and fights come from among you? Do they not come from your desires for pleasure that war in your members? 2 You lust and do not have. You murder and covet and cannot obtain. You fight and war. Yet you do not have because you do not ask. 3 You ask and do not receive, because you ask amiss, that you may spend it on your pleasures” (Bible Gateway, NKJV, 1982).  Jesus added, “Put your sword in its place, for all who take the sword will perish by the sword” (Matthew 26:52, NKJV).  This principle of ‘violence begetting violence’ applies even if the cause is just.  There’s no way around it. 

Moreover, there is no justification in international law or the Bible for an indiscriminate use of violence to deal with injustice, no matter how bad the injustice.  Warfare is not a tool to be taken lightly and used for dubious reasons when other methods of conflict resolution might prove successful.  It is important to note that God wants man to live in peace. “If it is possible, as much as depends on you, live peaceably with all men” (Romans 12:19, NKJV).   Jesus said to, “Love your enemies, and bless those who curse you” (Mt. 5:44, NIV).  It’s good to be a peacemaker. 

Having said all of that, warfare is not going away, at least not anytime soon.  Both the Council on Foreign Relations and Crisis Watch put out Global Conflict Trackers.  The CFR map reveals numerous conflicts ongoing in Africa and the Middle East, not to mention that a genuine threat of genocide exists in the Sudan, Myanmar/Burma, Darfur and Nigeria.  Genocide, though, is one of those words that get tossed around and applied to all sorts of conflicts without much thought to the actual definition, often depriving genocide of its true meaning and impact thereof.   

What is Genocide? 

According to Article 2 of the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide, the term is defined as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:  

  • killing members of the group;  
  • causing serious bodily or mental harm to members of the group;  
  • deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;  
  • imposing measures intended to prevent births within the group 
  • {and] forcibly transferring children of the group to another group 

Based upon that strict definition, I do Not believe that genocide is occurring in Gaza, or in Ukraine, or to Native American Indians in the 1800’s for that matter, where disease claimed 75-90% of the dead.  I should add that motives are an integral part of proving genocidal intent, and that the convention fails to address what percentage of a group must be impacted to qualify as genocide. Genuine examples of genocide include (but are not limited to) the Holocaust and genocides in Armenia (1915-1917), Rwanda (1994), and Cambodia (1975-1979).   In the international laws of armed conflict (LOAC), Intent and Context are everything. 

Read more

China’s Assertion of Sovereign Authority in the Global Commons and the Escalation of Legal Warfare in the Arctic

October 2, 2013 Global Security, International Relations, Intl Law, Intl. Political Economy, Paid Content No comments

“China’s Assertion of Sovereign Authority in the Global Commons and the Escalation of Legal Warfare in the Arctic” by Jeff Dwiggins

© Kapok Tree Diplomacy. June 2013. All rights reserved. Jeff Dwiggins.   PREVIEW

“After the Northwest Passage is opened up …  the sea route between Europe, Asia, and North America will be shortened by 5,200 to 7,000 nautical miles. Whoever controls the Arctic sea route will control the world economy and a new internationally strategic corridor.”[1]  Li Zhenfu

Topic

Competition among Arctic states is heating up over access to the Arctic’s undiscovered but potentially vast deposits of oil, natural gas and rare earth minerals.[2]  Moreover, the diminishing thickness and range of sea ice that could eventually make the Northern Sea Route significantly more accessible for cheaper and faster transoceanic shipping has also attracted the geopolitical interest of several non-Arctic states, most notably China.[3] The undeveloped resources are located almost exclusively in the legal territorial waters of Arctic states like Russia, Denmark, the United States and Canada.[4] These states have already made credible territorial claims to the United Nations and are prepared to protect their interests militarily if necessary.[5] So how will China assert its rights and interests in the Arctic without getting into a military conflict?

This essay will examine how China will redefine the Clausewitzian battlefield and utilize legal warfare (sometimes called lawfare) as an “offensive weapon” to “seize the political initiative” and shape international public opinion about the Arctic and sovereign territorial claims through non-military means, negotiations, diplomacy and international law to project power and accomplish its core national strategic objectives.[6]   It will examine China’s use of legal warfare as a preferred strategy for addressing critical challenges to China’s assertion of rights and interests in the Arctic, including the competing sovereignty and territorial claims by Arctic states and the risks, costs and uncertainty of harvesting the resources themselves.[7] Read more

Ecuador and China: BFFs and Champions of the 21st Century Socialist Agenda

February 25, 2013 Christian Perspective, Free Content, Global Security, Intl. Political Economy, IR Theories 4 comments

© Kapok Tree Diplomacy. Feb 2013. All rights reserved. Jeff Dwiggins.   FREE CONTENT

Ecuador and China: BFFs and Champions of the 21st Century Socialist Agenda

Ecuador ChinaEcuador is a beautiful country with a rich and diverse culture, geography and history. My wife is from Ecuador, and I can’t say enough about the friendliness and generosity of her family and many others that I’ve met from Ecuador.  My hope is to someday visit the country, God willing, and take in all the sights, sounds, smells and experiences that up until now, I have only experienced through the anecdotal, photographic and video evidence.

However, I feel that my timetable and window for visiting the country is rapidly closing. If things continue in their current economic and political direction under President Correa, there may not be any socio-political stability left, not to mention the inevitable deterioration of the economy that always accompanies centrally-managed socialist states. See Cuba and Russia for good examples.  Moreover, I may have to learn Chinese in addition to Spanish to get around the country. So what exactly is going on in Ecuador? Didn’t Rafael Correa make everything better?

President Correa’s Vision

Leftist President Rafael Correa of Ecuador easily won a second term as president of Ecuador on February 16th with 56% of the vote compared to the 23% of his closest competitor, Guillermo Lasso, a banker from Guayaquil.[1]  Now President Correa will be able to continue his radical socialist agenda for another four years in Ecuador, especially if his party strengthens their hold on the Assembly. Not everyone in Ecuador is happy about that.

“There is a lot of apprehension that if he wins the Assembly, there will be a greater concentration of power,” said José Hernández, an editor of Hoy, a Quito daily newspaper. “He will try to flatten everyone who is in his way. He will try to dominate more because that’s his personality, and that’s what he wants to do.”[2] So just who is Rafael Correa? Read more

Engaging the Dragon Through Peaceful Deterrence: Japan’s Need to Recalibrate Its Strategy of Accommodation with China

February 22, 2013 Global Security, International Relations, Paid Content No comments

“Engaging the Dragon Through Peaceful Deterrence: Japan’s Need to Recalibrate Its Strategy of Accommodation with China” by Kapok Tree Diplomacy

© Kapok Tree Diplomacy. Oct 2012. All rights reserved. Jeff Dwiggins. 

PREVIEW

Theoretical Framework

The grand strategies and values of Japan and China will be evaluated from a “Balance of Threat” and “Defensive Realism” theoretical framework.  This essay posits that given China’s rise and Japan’s moment of opportunity to counter, it is important to gauge the feasibility of a values-based concert of democracies within this theoretical framework. Stephen Walt argues that states tend to balance or bandwagon with a rising power depending on their assessment of the perceived threat.[1] Japan’s past, present and future behavior towards China is thus assessed within the parameters of defensive realism which point to Japanese formation of strategic alliances to deal with the anarchy and security dilemma that characterize the international system and create uncertainty of intentions and inadvertent mistrust and conflict.[2] Read more

International and Regional Mechanisms for Holding Human Rights Offenders Accountable

February 18, 2013 Human Rights & Conflict, International Relations, Paid Content No comments

“International and Regional Mechanisms for Holding Human Rights Offenders Accountable” by Kapok Tree Diplomacy

PREVIEW            [Includes Table of Contents] Full essay is 2,825 words. 10 pages double-spaced. 12 references

Section One – United Nations Charter-Based and Treaty-Based Bodies

Charter-Based Institutions. These institutions include the UN General Assembly (GA), the UN Security Council (UNSC), the International Court of Justice (ICJ), the Human Rights Council (HRC), and other authorized bodies created by them such as the Commission on the Status of Women (CSW) (Steiner, Alston & Goodman (SAG) 737). “The single most important contribution made by the Charter-based bodies … has been through the elaboration of an ever-growing body of standards designed to flesh out … the norms enunciated in the Universal Declaration” (SAG 742). Each institution differs in its accountability processes. Read more

The Key Differences between First and Second Generation Human Rights

February 18, 2013 Human Rights & Conflict, International Relations, Paid Content No comments

(C) Kapok Tree Diplomacy. Mar 2011. All rights reserved. Jeff Dwiggins.
4,880 words. 17 pages double-spaced. 13 references.  {Formerly} PAID CONTENT

Introduction

UNDHRThe recognition of individual human rights under international law took on a “formal and authoritative expression” following the end of World War II when the United Nations (UN) General Assembly adopted the Universal Declaration of Human Rights (UDHR) in 1948 (Steiner, Alston & Goodman (SAG) 134). The UNDHR was designed to “take the form of a declaration – that is, a recommendation by the General Assembly to Member States that would exert a moral and political influence on states rather than constitute a legally binding document” (SAG 135).

Following approval of the UDHR, the UN Commission, General Assembly and Third Committee began work on a more “detailed and comprehensive” expression of human rights that emerged in the form of “two principal treaties – The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)” which were both approved in 1966 and both entered into force in 1976 through the required number of ratifications (SAG 136). The ICCPR and ICESCR were designed to be more legally binding than the UDHR. Collectively, these three documents are often referred to as the ‘International Bill of Human Rights’ (SAG 133).  Read more

NATO’s Role and Relevance in Post-Conflict Reconstruction And Challenges in Implementing the Comprehensive Approach

February 18, 2013 International Relations, Paid Content, Prevent/Contain Intl. Conflicts No comments

“NATO’s Role and Relevance in Post-Conflict Reconstruction and Challenges in Implementing the Comprehensive Approach” by Kapok Tree Diplomacy

PREVIEW  to follow. Includes a Table of Contents. Complete essay is 5,821 words, 22 pages double-spaced, 60 references

Section One – NATO – Brief History and Background

Pre Cold War.  Hoehn and Harting note that increasing tensions with the Soviet Union over its Berlin Blockade (1948), China’s “short-lived embrace of Moscow” (5), and Communist incursions in Czechoslovakia and Korea led the United States, Canada and ten other Western European states to form NATO as a defensive alliance and formulate a policy of Soviet “containment” designed to “keep the Americans in, the Russians out, and the Germans down” in April of 1949 (8). Despite occasional disagreements over burden-sharing and a dust-up with France, alliance members “deterred the Soviets, and integrated Germany into a collective defense system for the West” over the next 40 years (Duignan 43), moving from a posture of deterrence to détente in a manner consistent with its values of “democracy, individual liberty and the rule of law” (NATO “Treaty”).

Post Cold War. NATO’s success with facilitating European integration and deterring the Soviet threat was rewarded with the fall of the Berlin Wall (1989) and the dissolution of the Warsaw Pact and Soviet Union in 1991 (Medcalf 196-197), as NATO “found itself without an enemy” for the first time in its history, earning a “bloodless victory … without firing a shot” (Duignan 46, 48). The collapse of the Soviet Union encouraged NATO to enlarge its membership into Eastern Europe (1999) and launch the Partnership for Peace (PfP) for military cooperation and dialogue with non-NATO states (1994) despite lingering doubts regarding NATO’s post-Cold War purpose and identity (Duignan 58). Read more

« Older Entries  
%d bloggers like this: