Opinio Juris

A weblog dedicated to reports, commentary, and debate on current developments and scholarship
in the fields of international law and politics

Monday, July 14, 2008

New Site Address-- Please Update Links
We have moved to a new site! Please go directly to www.opiniojuris.org and see the new and improved Opinio Juris website.

If you link to us via the address, please update your link to the new address.

See you there

Friday, July 11, 2008

No Posting This Weekend
Also, please note that the site may be difficult to access at various points this weekend.

However, we have some surprises in the works.

See you Monday...
ICC Prosecutor To Charge Sudan's President with Genocide
I mentioned last month that the ICC Prosecutor, Luis Moreno-Ocampo, was considering bringing genocide charges against Sudanese officials far more senior than Ahmed Haroun, the country's "humanitarian affairs" minister. Well, he's now decided to do exactly that — and his target is no other than Omar Hassan al-Bashir, the President of Sudan himself:
The chief prosecutor of the Internationals Criminal Court will seek an arrest warrant Monday for Sudanese President Omar Hassan al-Bashir, charging him with genocide and crimes against humanity in the orchestration of a campaign of violence that led to the deaths of hundreds of thousands of civilians in the nation's Darfur region during the past five years, according to U.N. officials and diplomats.

The action by the prosecutor, Luis Moreno-Ocampo of Argentina, will mark the first time that the tribunal in The Hague charges a sitting head of state with such crimes, and represents a major step by the court to implicate the highest levels of the Sudanese government for the atrocities in Darfur.

[snip]

"I will present my case and my evidence to the [ICC] judges, and they will take two to three months to decide," Moreno-Ocampo said in an interview Wednesday, referring to a pretrial panel made up of judges from Brazil, Ghana and Latvia. "We will request a warrant of arrest, and the judges have to evaluate the evidence." On Thursday, Moreno-Ocampo's office said in a statement that the prosecutor will "summarize the evidence, the crimes and name individual(s) charged" at a news conference Monday in The Hague.
Wow. To say this is a bold move — and one fraught with danger — is an understatement. I've long disagreed with Julian about whether the ICC's involvement in Darfur undermines the peace process (which is better referred to as the "peace process," because the Sudanese government has never been committed to it). But this time I think Julian's concerns have to be taken very seriously. The UN is certainly worried:
Some U.N. officials raised concerns Thursday that the decision would complicate the peace process in Darfur, possibly triggering a military response by Sudanese forces or proxies against the nearly 10,000 U.N. and African Union peacekeepers located there. At least seven peacekeepers were killed and 22 were injured Tuesday during an ambush by a well-organized and unidentified armed group.

[snip]

Representatives from the five permanent members of the U.N. Security Council — Britain, China, France, Russia and the United States — met with U.N. officials Thursday to discuss the safety of peacekeepers in Darfur. U.N. military planners have begun moving peacekeepers to safer locations and are distributing food and equipment in case the Sudanese government cuts off supplies.

"All bets are off; anything could happen," said one U.N. official, adding that circumstantial evidence shows that the government of Sudan orchestrated this week's ambush. "The mission is so fragile, it would not take much for the whole thing to come crashing down."
If there was a reasonable chance that indicting Bashir would convince China and Russia to discontinue their economic, political, and military support for Khartoum, these risks might be worth it. But that is obviously unlikely to happen — both countries have consistently opposed the ICC's efforts in Darfur and will no doubt oppose this new move, as well.

As a side note, I am very anxious to find out what evidence the Prosecutor has that ostensibly proves Bashir is guilty of genocide. As I pointed out in my previous post, the Security Council-sponsored International Commission of Inquiry on Darfur specifically — and controversially, to be sure — recommended that the ICC not pursue genocide charges against the Sudanese government:
The Commission concluded that the Government of the Sudan has not pursued a policy of genocide. Arguably, two elements of genocide might be deduced from the gross violations of human rights perpetrated by Government forces and the militias under their control. These two elements are, first, the actus reus consisting of killing, or causing serious bodily or mental harm, or deliberately inflicting conditions of life likely to bring about physical destruction; and, second, on the basis of a subjective standard, the existence of a protected group being targeted by the authors of criminal conduct. However, the crucial element of genocidal intent appears to be missing, at least as far as the central Government authorities are concerned. Generally speaking the policy of attacking, killing and forcibly displacing members of some tribes does not evince a specific intent to annihilate, in whole or in part, a group distinguished on racial, ethnic, national or religious grounds. Rather, it would seem that those who planned and organized attacks on villages pursued the intent to drive the victims from their homes, primarily for purposes of counter-insurgency warfare.
Though I'm sympathetic to those who want to call the atrocities in Darfur "genocide," I've always found the Commission's legal analysis of the situation quite persuasive. So I hope that the Prosecutor's subsequent investigations have uncovered new evidence that the Sudanese government was not simply — if murderously — trying to maintain its power in the face of a concerted rebel threat. If they haven't, it will look like Moreno-Ocampo is simply giving into political pressure.

Once again — wow. I don't know what else to say. First the Court stays the Lubanga trial. Now the Prosecutor seeks to indict and arrest the President of the Sudan. This is turning out to be quite a week for the ICC...

More on the story as it develops.
Final Thoughts
We greatly appreciate all of the wonderful postings this week on America Between the Wars and thank all of those who participated. We wanted to conclude by touching on two of the issues raised in the discussion. One is the question Matt Waxman raised concerning the future of the U.S. political debate about democracy promotion. The other is Roger Alford’s recognition of the continuities between the Clinton and George W. Bush administrations, which also implies speculating about policy continuities looking forward (a point raised by Ken Anderson who was kind enough to post from his trip to Paris).

Matt is quite right to wonder about the future of democracy promotion, especially given the political taint it has assumed as Bush has talked about the so-called “freedom agenda.” Many Democratic politicians and activists seem to forget that this was once their issue, not only in the 1992 campaign and during the Clinton years, but from Wilson through Roosevelt and Truman to JFK. Too many now see democracy promotion as a George W. Bush invention, and a number of people we interviewed, for example, Madeleine Albright, are quite upset that the war in Iraq has given democracy promotion such a bad name for those on the political left. In the early 1990s, there was also the euphoria associated with the collapse of communism, and the flourishing of democracy not just in Central and Eastern Europe, but in countries such as Mongolia and Namibia. As Matt notes, the international trends are less favorable today.

If the Democrats prevail in November, winning both the presidency and larger majorities in Congress (as polls now suggest), some will be tempted to adopt an “Anything but Bush” attitude as the Bush team did with Clinton policies in 2001. We hope they will avoid doing so – especially when it concerns democracy promotion and the place of liberal values in American foreign policy. To be sure, we must learn from Bush’s hubris and failures: there are far better ways to promote democracy other than overthrowing regimes. And while it is hard to see how a Democrat could define a progressive foreign policy that was purely realist in outlook, it will be tougher to raise democracy promotion as a central concern in this political environment. Matt is right to point to the institutional deficiencies in U.S. foreign policy in helping to do build civil society elsewhere, but it is also politically difficult because unlike holding elections, the institution-building takes time, and that means clear payoffs are way down the road, often after administrations have left office (witness Jimmy Carter’s efforts in Latin America, for example).

As Matt notes, McCain has raised the notion of a League of Democracies (which seems to build on the Clinton administration’s Community of Democracies). The League, however, seems largely focused on having countries with shared values come together to deal with common challenges. So far, at least, it seems not as focused on promoting democracy where it doesn’t exist. But if it were to get off the ground (and a number of top Obama advisers also have supported similar ideas), then democracy promotion might be an obvious agenda item for such an institution.

Roger is quite right to notice the continuities between the Clinton and George W. Bush administrations when it comes to the challenges of wielding American leverage and might. The Clinton team was not happy about leaving Saddam Hussein in power. And the United States did go to war in 1999 over Kosovo without U.N. authorization. Continuity across administrations since the end of the Cold War is a big theme of our book, and we do believe that on many of these questions there will be continuities after January 2009, as Ken’s discussions in Paris also indicate.

For example, it’s not clear how much emphasis there will be on humanitarian intervention in the next administration given that the wars in Iraq and Afghanistan will be front and center for some time. But certainly if the next president believes that the use of force is necessary somewhere in the world (whether for humanitarian reasons or to meet a security threat), and if he believes that Russia and China will not support such action, then he is likely to go forward anyway, either as Clinton did under NATO auspices in 1999 or as Bush did with his “coalition of the willing” in 2003. And that certainly raises questions about the future of international law and the role of the United Nations in legitimizing the use of force.

In this sense, we’ve come full circle, which is exactly what we set out to do in this book. Our belief is that instead of dismissing the years we describe as a meaningless “holiday from history,” we can learn valuable lessons from this recent past, becoming better informed about our current debates, and hopefully making better choices in the future. As America grapples with the complexities of the 21st century, struggling to find the right balance between its power, responsibilities, and ambitions in a globalizing world, the lessons and legacies of the years America between the wars, from 11/9 to 9/11, will endure.



Thursday, July 10, 2008

Worldviews, Grand Strategies, and Bumper-stickers
Thanks to everyone for what has been a very enriching discussion so far. I’d like to respond briefly to the thoughtful comments made by Peggy and Chris concerning what the story of these modern interwar years between 11/9 and 9/11 tells us about how to think about America’s role in the world – and whether that can be summed up in a simple phrase.

It is quite right that, as we admitted at the outset, this book is in part an intellectual history of how Washington policymakers, politicians and intellectuals tried to make sense of the world and America’s role in it after the collapse of communism. In that sense it is focused. I fully agree that it would be very interesting to broaden the aperture to see how others around the world were trying to do the same thing, and how they perceived our efforts – perhaps we can convince our publisher that that can be the subject of our next book!

Peggy raised the good question of why policymakers were so obsessed with finding a bumper-sticker for America’s global role especially when, as we hope the book shows, it became increasingly implausible and even misguided to do so. I think there are at least a couple reasons for this.

First, I think there was (and still is) a misplaced nostalgia for the supposed simplicity of the Cold War. Some seem to remember these years as ones when all the calls were relatively easy and everyone agreed on America’s global role. There was a sense that by having a single-word doctrine like “containment” we knew exactly what we were doing and why. Well, of course, the history of the Cold War is a lot more complicated than that, and in many ways actions came first and the words to describe them only later (on this point I strongly recommend Deborah Welch Larson’s 1985 book Origins of Containment, in which she uses psychological theories to argue that Truman and others came up with their worldviews retrospectively as a way to explain their actions, rather than the other way around). Yet looking back, policymakers during the 1990s saw America’s Cold War policies as successful because they were driven by an overriding concept – so to equal that success, post-Cold War policies needed a single concept too.

Another reason for all the interest in what we describe as the “George Kennan sweepstakes” during the 1990s was that politicians believed Americans needed something to rally them to stay engaged in the world. Bill Clinton was the consummate politician, and his own obsession with finding that one defining word or phrase was driven in large part by a desire to explain to people what was he was trying to do and why. This is understandable and perhaps even required in a democracy, where leaders need to gain public and Congressional support for what they are doing. It’s worth considering whether because of such pressures we are destined to always be looking for ways to over-simplify things in describing foreign policy goals and interests – no matter how fruitless that might be.

But we hope our book reveals the dangers of trying to sum all of America’s interests and goals into a simple concept. Conservatives looked back on the Clinton years with contempt for the failure to talk about doctrine and come up with an overarching strategy. They thought it was a sign of weakness. That’s one big reason why, in the wake of 9/11, they were so quick to beat their chests and talk about the preemption doctrine and the war on terror. And look where that got us.

This is not to say that moving forward leaders should embrace some kind of strategic nihilism. Of course ideas are important, as are lofty goals. The president should articulate a set of principles and priorities that will help guide the country’s policies. But we think the lessons of America between the wars show that solving problems is more important than laying out all-encompassing ideological pronouncements.

The Aussies Are Coming! The Aussies Are Coming!
Every week, an Australian show called The Gruen Transfer asks two advertising companies to compete with each other to sell the unsellable. This week's challenge: create a TV ad to whip up support in Oz for a military invasion of New Zealand. One of the ads is okay — but this one had me laughing so hard there were tears running down my face:



The ad pokes fun at the 100% New Zealand advertising campaign that is all over the Antipodean airwaves, in case you were wondering.

Watch it!

Wednesday, July 9, 2008

New (Non-International Law) Essay on SSRN
Shameless plug alert: I have posted a new essay on SSRN, "The Cognitive Psychology of Mens Rea." It's a sequel of sorts to my essay "The Cognitive Psychology of Circumstantial Evidence," which appeared last year in the Michigan Law Review. Here is the abstract:
"Actus non facit reum nisi mens sit rea" -- the act does not make a person guilty unless the mind is also guilty. Few today would disagree with the maxim; the criminal law has long since rejected the idea that causing harm should be criminal regardless of the defendant's subjective culpability. Still, the maxim begs a critical question: can jurors accurately determine whether the defendant acted with the requisite guilty mind?

Given the centrality of mens rea to criminal responsibility, we would expect legal scholars to have provided a persuasive answer to this question. Unfortunately, nothing could be further from the truth. Most scholars simply presume that jurors can mindread accurately. And those scholars that take mindreading seriously have uniformly adopted common-sense functionalism, a theory of mental-state attribution that is inconsistent with a vast amount of research into the cognitive psychology of mindreading. Common-sense functionalism assumes that a juror can accurately determine a defendant's mental state through commonsense generalizations about how external circumstances, mental states, and physical behavior are causally related. Research indicates, however, that mindreading is actually a simulation-based, not theory-based, process. When a juror perceives the defendant to be similar to himself, he will mindread through projection, attributing to the defendant the mental state that he would have had in the defendant's situation. And when the juror perceives the defendant to be dissimilar to himself, he will mindread through prototyping, inferring the defendant's mental state from the degree of correspondence between the defendant's act and his pre-existing conception of what the typical crime or defense of that type looks like.

This goal of this essay is to provide a comprehensive -- though admittedly speculative -- explanation of how jurors use projection and prototyping to make mental-state attributions in criminal cases. The first two sections explain why jurors are unlikely to use a functionalist method in a case that focuses on the defendant's mens rea. The next three sections introduce projection and prototyping, describe the evidence that jurors actually use them to make mental-state determinations, and discuss the cognitive mechanism -- perceived similarity between juror and defendant -- that determines which one a juror will use in a particular case. The final two sections explain why projection and prototyping are likely to result in inaccurate mental-state determinations and discuss debiasing techniques that may make them more accurate.
As always, comments would be welcome -- especially in time for fall law-review submissions...
The View from Paris
I'm afraid I haven't been holding up my end of this discussion very well because it turned out that I am traveling to Europe just as things got underway. I'm here in Paris for some meetings that include some very serious intellectual-activist-elites from across Europe. A very distinguished group of people, and I feel a bit of a fraud in this very intellectual company. We had an informal dinner tonight with them and some other invitees, and as a way to kick it off, I put to them the five myths post from earlier in the discussion and asked them to react. It turned out to be rather a good dinner conversation starter. From my notes:

Without exception, everyone involved agreed that American policy was characterized by deep continuity across administrations. There was also general agreement that an Obama administration would be a heartbreaker for a lot of people in the world, because people have projected so much onto its generally blank stage - and will be surprised when it turns out that American policy, while shifting at the retail and rhetorical level between American ideals and interests, is quite firm over the long term. I asked what made that so, and the answer was not what I expected - bureaucratic inertia, etc. One French friend said, here in France or Britain, the answer would be that the permanent government, the bureaucracy and officials who are really "eternal France," would immobilize things. In America, though, continuity arises because there really is a shared sense, even a vital center, even if American elites can't see it, can't see the forest for the trees. It was so under Clinton and under Bush.

Everyone pretty much wants to see Obama win. But many were equally fearful of what they fear his policies might be. A core concern is the area, interestingly, in which movement is seen as possible: trade and global economic relations. My heart wants Obama, said one senior elite journalist, but my head says if there's one thing he might really damage, it will be global trade. (And this from someone who proudly announces himself as a leftwing Gaullist, pour la France, baby!) The human rights people, for their part, hated the Iraq war, and yet fear that he will snatch defeat from victory: the Americans must stay and win (from a Nordic human rights activist) and defeat must not be the easy American option today. What does defeat mean, I asked; it means American withdrawal and civil war.

Finally, getting back to the book, the perception of the Clinton years was that it was "soft isolationism." Clinton was perceived by this dinner table as someone with little experience or interest in all that foreign stuff. The point of international law was to provide a rhetorical vehicle by which it would sound like it was getting taken care of, but there were no actual changes or obligations. It was only when the chickens came home to roost that things changed. International law, one experienced foreign policy person from that period said, was not a way to make things happen, but a way to avoid them. This is not a new view, of course, but time has not altered their perception of those years.

And the war on terror and 9-11? A senior French journalist said, Americans who get enthusiastic about the European approach to counterterrorism often mistake strategic necessity for strategic preference; we cannot have a war on terror because, unlike America, the enemy is as much inside Europe as anywhere. If we could conduct it as a war, we would. Meanwhile, within Europe, the weak links are Britain and the Dutch; if there is ever a return to internal passports in the EU (I quote) it will be because France will have tired of paying the costs in terror of what British civil libertarian self-righteousness has wrought. France is very practical; we say one thing and do another. American policy is madness, but it a madness that can be afforded by a country in which the risks are still mostly external.

Sorry that this is not more directly about the book, but it was all the very lively consequence of a dinner discussion stimulated by posts about the book! (My dinner companions were okay about being referred to in this unnamed way.)

The Clinton Administration and International Law
Let me raise the uncomfortable subject of the Clinton Administration's commitment to international law. Chollet and Goldgeier offer three episodes that I think shed light on President Clinton’s commitment to international law and the use of force. First, with the Rwandan genocide, Clinton failed to intervene in Rwanda or even treat the situation seriously. Tony Lake described the inaction of the Clinton Administration on Rwanda “truly pathetic” and Clinton himself called the episode the greatest regret of his presidency. (p. 92). The implication is that the Clinton Administration was of the view that humanitarian intervention in Rwanda would have been legitimate, whether or not it was lawful.

Second, with Iraq the Clinton Administration’s military actions had no more Security Council authorization than President Bush did in 2003. Clinton took military action numerous times against Iraq, and with his bold assertions of the Iraqi threat and his dramatic show of force Chollet and Goldgeier argue that his words and deeds could have come from George W. Bush’s playbook. (p. 179). Moreover, “the administration believed it had all the U.N. Security Council justification it needed with the resolutions already on the books.” (p. 194). The urgency of military action in Iraq stemmed in no small part from the fact that the “Clinton team became convinced that Iraq had weapons of mass destruction and had every intention of developing more.” (p. 190).

Third, with Kosovo the Clinton Administration “purposely avoided seeking U.N. Security Council authorization because of opposition from Russia and China. For the Clinton team, bypassing the United Nations proved that the Security Council did not have a veto over NATO’s, and by extension America’s, actions. But for domestic opponents on the left and for many leaders abroad, this set the dangerous precedent of a lone superpower thumbing its nose at international law.” (p. 230) The military intervention in Kosovo is one of the best historical precedents for justifying the Bush Administration's actions in Iraq.

Although international law does not feature prominently in Chollet and Goldgeier’s account of the Clinton Administration, one disturbing thread that runs through the book is that, in terms of military force, the Clinton Administration’s commitment to international law was seriously wanting. And yet the world yawned in the face of these illegal military overtures.

This leads to the interesting question: given that the Clinton Administration by and large received a free pass for its unlawful use of force, should we be surprised if the Bush Administration thought it would receive similar treatment?

I think that when historians write the book on the Bush Administration and the war in Iraq, it will be impossible to ignore the Clinton Administration’s earlier actions that set the stage. The themes are all there: (1) the United States should intervene to prevent Saddam Hussein from using weapons of mass destruction; (2) the United States should bypass the Security Council in using military force if it is political necessary to do so; and (3) the United States should accept that humanitarian intervention is a legitimate basis for military intervention, with or without Security Council authorization.

Of course, I am not equating the scale of military action between the two Administrations. But in terms of commitment to international law and the use of force, there are obvious and uncomfortable similarities.

How to Buy a Child in 10 Hours
This deeply unsettling experiment starts on a typical Monday morning on Manhattan's leafy Upper West Side, where commuters stroll by Starbucks and Central Park.

At 7:10 a.m., I'm off to see how long it takes to buy a child slave.
So begins a report by ABC's Nightline. By 5:00 pm the journalist is in Port-au-Prince, Haiti, and he has made a deal to purchase an 11 year-old girl for $150.

The report shows not only the ease with which children are bought and sold but also explains the phenomenon of very poor families giving children away to be servants for slightly better-off families in the hope that they would at least be fed and clothed. But the reality includes beatings and all sorts of abuse.

To appreciate the scope of this crisis, note that UNICEF estimates that there are 300,000 child slaves in Haiti. And this is just a small part of modern-day slavery.

Read the transcript of the Nightline report here.

I'll close with an excerpt (with some boldface I have added for emphasis), in which, after making the deal for $150, the journalist meets with a second trafficker at a hotel...
This second trafficker is asking a much steeper price for an 11-year-old girl: $10,000.

"It's something definitive," explains our translator. "After the sale, he doesn't mind what happens to the kid."

"So for $10,000, I can have the child and do anything I want to do is what he's saying?" I ask.

"Yeah, definitely."

As further enticement, the trafficker says he can even get me fake papers that would allow me to take this child back to the U.S. with me. Both traffickers say they have experience providing children to Americans. According to the U.S. Department of Justice, officials have no idea how often this sort of transaction transpires. As the slightly menacing slave trafficker describes this girl he's promising to provide, I hear him use the French word "belle." French, along with Creole, is one of Haiti's official languages.

Did he use the word 'belle'? Like, pretty girl?" I ask the translator.

"Yeah."

"So he's saying this would be a pretty child?"

"Yeah."

"Do you think he's hinting that the child would be a partner of some sort?"

"Yeah, it's up to you because that kid is yours."

Once again, I can't believe I'm having this conversation -- sitting in the sunshine so casually transacting such diabolical business. Just to make sure I fully understand the offer on the table, I ask, "If I pay $10,000 I essentially own this child?"

"Yeah, it's yours. You do whatever you want."

I've heard enough. I conclude the meeting, once again making sure the trafficker doesn't actually act on my request.

But now comes the craziest part of this wildly disturbing day.

Two waiters sitting nearby call me over. They say they've heard my conversations. At first I think they're going to yell at me or something. I'm bracing for shame. Instead, the waiters offer to sell me a child.



Tuesday, July 8, 2008

The War Powers Consultation Act of 2009
More than a year ago the University of Virginia's Miller Center of Public Affairs convened a National War Powers Commission, which today unanimously issued its report on improving future relations between the Executive and Legislature when it comes to involving U.S. forces in conflict. The bipartisan Commission was chaired by Former Secretaries of State James A. Baker III and Warren Christopher (most of the remaining members were former government officials of some sort--representing various parts of the legislature, executive, military and judiciary. Dean Anne-Marie Slaughter appears to be the one academic member whose actively worked in the foreign affairs law area). You can read the whole report here as well as its appendices (or, if you prefer, watch this presentation by Secretaries Baker and Christopher).

The big takeaway points? First (and perhaps not too surprisingly) the Commission joins the chorus of criticism of the current War Powers Act, labeling it partially unconstitutional, not to mention ineffective. As a result, the Commission recommends that the next Congress repeal the WPA and replace it with a new statute designed to more appropriately allow both the Executive and Congress to play their respective roles in decisions on the U.S. use of force -- the War Powers Consultation Act of 2009. Here's how the Report summarizes the proposed law:

The stated purpose of the Act is to codify the norm of consultation and “describe a constructive and practical way in which the judgment of both the President and Congress can be brought to bear when deciding whether the United States should engage in significant armed conflict.”

The Act requires such consultation before Congress declares or authorizes war or the country engages in combat operations lasting, or expected to last, more than one week (“significant armed conflict”). There is an “exigent circumstances” carve-out that allows for consultation within three days after the beginning of combat operations. In cases of lesser conflicts — e.g., limited actions to defend U.S. embassies abroad, reprisals against terrorist groups, and covert operations — such advance consultation is not required, but is strongly encouraged.

Under the Act, once Congress has been consulted regarding a significant armed conflict, it too has obligations. Unless it declares war or otherwise expressly authorizes the conflict, it must hold a vote on a concurrent resolution within 30 days calling for its approval. If the concurrent resolution is approved, there can be little question that both the President and Congress have endorsed the new armed conflict. In an effort to avoid or mitigate the divisiveness that commonly occurs in the time it takes to execute the military campaign, the Act imposes an ongoing duty on the President and Congress regularly to consult for the duration of the conflict that has been approved.

If, instead, the concurrent resolution of approval is defeated in either House, any member of Congress may propose a joint resolution of disapproval. Like the concurrent resolution of approval, this joint resolution of disapproval shall be deemed highly privileged and must be voted on in a defined number of days. If such a resolution of disapproval is passed, Congress has several options. If both Houses of Congress ratify the joint resolution of disapproval and the President signs it or Congress overrides his veto, the joint resolution of disapproval will have the force of law. If Congress cannot muster the votes to overcome a veto, it may take lesser measures. Relying on its inherent rule making powers, Congress may make internal rules providing, for example, that any bill appropriating new funds for all or part of the armed conflict would be out of order.


So, what say you readers? Is it time to get rid of the War Powers Act, and, if so, does the Commission's proposal have any legs?
Barack Obama's "Part-Time" Professorship
Man, what kind of sweatshop is the University of Chicago?
From 1992 until his election to the U.S. Senate in 2004, Barack Obama served as a professor in the Law School. He was a Lecturer from 1992 to 1996. He was a Senior Lecturer from 1996 to 2004, during which time he taught three courses per year. Senior Lecturers are considered to be members of the Law School faculty and are regarded as professors, although not full-time or tenure-track. The title of Senior Lecturer is distinct from the title of Lecturer, which signifies adjunct status. Like Obama, each of the Law School's Senior Lecturers has high-demand careers in politics or public service, which prevent full-time teaching. Several times during his 12 years as a professor in the Law School, Obama was invited to join the faculty in a full-time tenure-track position, but he declined.
Three courses per year is "not full-time"? I teach three courses per year — 9 hours of teaching — and I'm full-time. Academic readers? What's your course load?
Grand Narratives and Grand Strategies Between the Wars
Following up on my previous post, and as Peggy pointed out, one of the themes in America Between the Wars is the struggle to “define the era” since the fall of the Berlin Wall and to provide a grand strategy, much in the same way as George Kennan’s “X” article had provided the intellectual underpinnings for the policy of containment of the USSR.

Even if the efforts to define the era turned out to be, in Daniel Benjamin’s words, a “waste of time” because “[i]t wasn’t what you were going to call it that was important but what you were going to do,” (p.71), it is still an issue we struggle with. We still have debates about how to define the current international system (as opposed to defining our response to the threats within that system). Are we living in the Post Cold War? The Post Post Cold War? The Post 9/11 Era? The Long War?

It’s all just semantics unless if the various terms signify a real difference in world view. For example, someone who (still) calls this the Post Cold War world may imply that the changes caused by the Cold War--the foundering of the USSR, the rise of the newly independent states, the rise of China, etc.--are the defining characteristics of our time. And, consequently, these are the issues on which we should focus. Someone who calls this the 9/11 World or the Long War (perhaps—I don’t want to imply that this is specifically Ben Wittes’ world view) may consider the rise of non-state actors as being the primary threat around which our new grand strategy should be organized.

Of course, US strategy can’t respond to China or Russia or al Qaeda. It needs to be able to answer all threats and issues. The issue of definition is one of emphasis. In a world of resource constraints, what should be #1 on the agenda? Why?

So, in this sense, ideas matter. (See Judith Goldstein and Robert Keohane’s book Ideas and Foreign Policy for an in depth consideration of how ideas affect foreign policy and vice versa.) A telling comparison is between the Clinton foreign policy team of the early years as opposed to his economic team led by Robert Rubin and Larry Summers. Chollet and Goldgeier quote an NSC official who said of the economic team: They “were a group wielding disproportionate power because they had an intellectual concept and discipline.” (emphasis mine.) Having an overarching world-view is not the only reason Rubin and Summers were especially effective. But it helped.

America Between the Wars brings back to the foreground the Washington-insider debates of the 1990’s. While Kennan had suggested to the Clinton team that they set aside finding a “bumper sticker” and instead write a few good paragraphs, it is clear that the foreign policy wonks were in theoretical overdrive. Chollet and Goldgeier’s narrative discusses, among other essays, speeches, and memos: Samuel Huntington’s Clash of Civilizations, Francis Fukuyama’s The End of History, Tony Lake’s “democratic enlargement” speech, Michael Mandlebaum’s “foreign policy as social work” critique, Robert Kagan and Bill Kristol’s “benevolent global hegemony,” Robert Kaplan’s Coming Anarchy, Madeleine Albright’s “assertive multilateralism” speech, as well as memos by Dick Cheney, Lawrence Eagleberger, and others. The problem with the 1990’s was not that we had too few ideas. The problem was choosing which one or ones we should emphasize in our actual policies.

Daniel Benjamin was right: it’s not what you call it, it’s what you do about it. (Even Kennan’s strategy of containment would not have amounted to much were it not for the Marshall Plan, NSC-68, etc.) However, whether or not you even perceive a problem can affect your policy response. In 1993 pretty much all the foreign policy elites across the political spectrum thought Somalia was a strategic backwater. In the revisionist history of some conservatives, they now say Somalia was the front line in a new war being waged by al Qaeda (and this was missed by the Clinton Administration). But few people had actually appreciated the danger of failed states like Somalia or Afghanistan because these issues (and the risk of terrorism) were not significant factors in any of these theories (except, perhaps for Robert Kaplan’s Coming Anarchy and The Ends of the Earth and Martin van Creveld’s The Transformation of War, which I understand was much-read in the DoD of the 1990’s).

So, one lesson I take from America Between the Wars is that in the interplay of ideas and foreign policy, it is the decision to adopt a worldview and act on it that makes it seem accurate in retrospect. You need to get people to see the world as you see it in order for an era to truly seem as such. In the early days of the Cold War, many Americans had to be convinced that Russia was a threat. At the time, there was no general agreement that "containment" was required or even wise. A grand strategy rarely just rises out of the fog. You need to adopt it and sell it.

A second, related, lesson is that you need to choose your worldview carefully. We need to be careful about what we missed and what we are missing in our description of world events. If you don’t factor in certain threats, then those threats may end up overtaking you and your theories about the international system. Conversely, if you don’t factor in certain aspects that are in your favor, then you may squander opportunities.

The strength of grand theory—that it helps organize responses and resources—is also its weakness: you find yourself responding to a simplified model and not the real world.

And finally, third: I am skeptical when one claims they have "no worldview" or "no grand theme." Those who claim not to have a particular "vision" are often merely blind to their own ideological bias. Despite the "vision thing" disclaimer of the Bush I Administration, Scowcroft and Baker actually hewed a fairly traditional realist strategy, with some nods to multilateralism. They shied away from the internal affairs of states, they placed military issues at the top of foreign policy, they down-played economic issues and human rights, they emphasized great power diplomacy and largely ignored events of the "periphery." If this needed a bumper sticker, I would call it "Business As Usual."

The problem was that their worldview factored out many of the key issues that would define the post 11/9 world. Whatever that is.


America Between the Wars: The Future of Democracy Promotion
One theme running throughout America Between the Wars is constant debate and struggle regarding the proper role of democracy promotion in U.S. foreign policy. A tension over pushing democratic reform has long existed within both American liberalism and conservatism, and pervades each presidential administration discussed in the book. My question is: where will the next president take it?

Chollet and Goldgeier tell, for example, of neo-conservative dissatisfaction with George H.W. Bush’s lack of emphasis on spreading democracy, and of candidate Bill Clinton foreign policy adviser Tony Lake’s efforts to elevate the issue on Clinton’s agenda. Both administrations, like the current one, featured both idealist democratization-hawks and pragmatic realists competing for influence.

After talking during the 2000 campaign in terms of narrow national interest, the George W. Bush Administration ultimately made democracy-promotion a major pillar of its foreign policy. The view that terrorist extremism prospered amidst failed or autocratic states and the failure to substantiate pre-war claims about WMD or al Qaida links (leaving tyranny rollback as a remaining war justification) pushed democracy promotion to the fore of the White House’s agenda.

America Between the Wars tells of an “ABC” or “anything but Clinton” rampage in 2001 by the incoming George W. Bush Administration. Will democracy share a similar fate, tossed out with dirty bath water? Unlikely, but its advocates are back on their heels a bit.

With Iraqi and Afghan democracy teetering, Lebanon facing internal clashes, Hamas scoring electoral victories, politically-backsliding Russia reasserting influence over its former republics, and high oil prices propping up fossil fuel-rich dictators, democracy promotion faces a tough road. There is reportedly a competition for influence within the McCain campaign between neocon and realist advisers, though McCain has pitched the idea of a “League of Democracies” to both defend and advance shared values and interests. Obama talks of using an array of tools, including foreign assistance and public diplomacy, to promote democratic values and institutions — “We do need to stand for democracy” – but democracy promotion hasn’t featured prominently in his foreign policy platform. Either new president’s commitment to a democracy agenda may be tested quickly if, for example, Pakistan’s new civilian leadership doesn’t get its border regions under control.

I hope that a lesson drawn from the George W. Bush years is not that democracy promotion is hopeless or counterproductive but that it must start with a realistic assessment of American influence over foreign internal politics, and with leadership by example. It also requires focusing less on pushing elections and more on building transparent civic institutions, political parties and middle classes – all things for which traditional tools of U.S. statecraft are not sufficiently well-suited.


Monday, July 7, 2008

A Response to Roger Alford
Thanks to Roger Alford, Matt Waxman, Ken Anderson, Chris Borgen, and Peggy McGuiness for their interesting posts today.

I wanted to respond to Roger’s very astute observation about 1993. We do write about the disaster on the national security side, but as he notes, Clinton also got NAFTA passed that year, which was a major achievement.

It was really striking to us as we did the research for the book the difference between Clinton on economics and Clinton on national security in that first year. He was so confident of his knowledge of globalization and knew that he wanted America to engage the world not retreat from it. Yet he was so lacking in confidence on the national security side. He had just an awful time with Somalia (and as we report, his team handled the aftermath of the events of October 1993 incredibly poorly). In Haiti, there was the embarrassing retreat of the Harlan County in 1993, but Clinton did push forward more successfully the following year. Bosnia went terribly in 1993-94 but Clinton did achieve an end to the war in 1995, marking his emergence as a foreign policy president. Another good example of the difference in economic and national security policy came in early 1995, when Clinton provided a bailout to Mexico despite polls showing 80% of the population opposed it. That required a degree of confidence he would only start developing later that year in national security.

There are at least two reasons for talking about 1993 as a disaster, despite the economic triumph Roger points to (and there were other successes that year such as passing the aid package for Russia). One is that the national security disasters that year defined Clinton for many as bumbling when it came to being commander-in-chief, and that picture remained even after later successes such as NATO enlargement, a show of force in the Taiwan Strait, and the Kosovo war. When George W. Bush ran for president in 2000, his campaign team articulated a critique of Clinton that really stemmed from the failures in Bosnia, Haiti and Somalia in that first year.

Secondly, Clinton got NAFTA passed in 1993 thanks to Republican support in Congress. Republicans had told him he needed to get half the votes from his own party, because they wanted Clinton to have a bruising fight with his fellow Democrats. In the end, he could only pull 102 Democrats, and he was constantly fighting an uphill battle with his party throughout the decade. Many believed he had pulled the Democrats to the center on trade during his time in office, but look at the discussion of NAFTA in the primary campaign this spring. Many believed that Clinton’s support for trade, including the passage of Permanent Normal Trading Relations with China in 2000, hurt Al Gore in the 2000 campaign. So yes, Roger is correct to remind us of the Clinton successes on trade in 1993-94, but they were overshadowed during his presidency by the early problems on the national security side, and they are overshadowed today by the ongoing fight within the Democratic Party about the best way to respond to globalization.

Bureaucracy, Ideas and Labels in the "Interwar" Period
Before I offer my initial thoughts about the “Between the Wars,” it is only fair that I join Ken in disclosing my own biases. I joined the Foreign Service the year before the fall of the Berlin Wall and left the State Department at the beginning of the second Clinton term. My final post, fittingly enough, was in Berlin. In Washington, I served two stints on the Seventh Floor of the State Department (the location of senior management for the unitiated): one at the Operations Center (the 24-hour crisis center at State) during the last year of the George H.W. Bush administration and another as a Special Assistant to Warren Christopher (beginning on “day one” of the Clinton administration). You could say my service spanned the “interwar” years Chollet and Goldgeier discuss in their book. I was thus particularly interested to read a history of the events that I experienced from inside State, and also to see how the authors portrayed certain key players. (I had to chuckle at their characterization of the lanky southerner Bob Oakley –for whom I worked when he was Ambassador to Pakistan — as “the rugged [!]career diplomat” (p. 77).)

As with any history that tries to cover as many people and events as this ambitious book does, there is much that is lost – both in terms of events and nuance – to space constraints. I don’t mean this as a criticism of the authors' considerable achievement in covering as much as they do in the space of one book. A thorough diplomatic history of the period, even one focused only on U.S. diplomacy, would require much more breadth and depth than the authors are constrained to here, including much more discussion of the many counterparts to the U.S. policy makers in foreign capitals and within international organizations. That quibble aside, the authors do a terrific job of capturuing what was truly remarkable about the years 1989-2001: the magnitude and breakneck speed of events. (Not suprisingly, perhaps, they both spent time on the Clinton foreign policy team.)

For those who lived through the early 1990s inside the foreign policy machinery, as the book accurately captures, the pace of events was simply breathtaking. The end of the Warsaw Pact, the dissolution of the USSR and the creation of a dozen or so new states in the space of just one year (1991) meant not only thinking about the “big ideas,” but, perhaps more important – and more daunting — handling the details: establishing new embassies; training diplomats; forging new military partnerships and relationships; rethinking our foreign humanitarian assistance; expanding the Peace Corps into states previously off limits, etc. On the international law side, international criminal law went from an historical artifact to a living legal regime; trade regimes created new and more robust dispute resolution mechanisms. The 1990s witnessed explosive growth, both in membership and missions, of the various international and regional economic, military, political and legal institutions – WTO, NAFTA, EU, APEC, ICTY, ICTR (and later the ICC) All these shifts required fundamental reorganization of the mechanics of our national security apparatus and rethinking about the spaces left open by vacuum of Cold War politics in a range of geopolitical and economic contexts. This work of bureacratic restructuring started under the Bush administration, picked up pace during the Clinton years and continued thorughout the current administration.

One might ask whether the bureaucracy matters and how it is connected to the intellectual history of the period. I believe it matters quite a bit, and will be of central importance to the next administration. It is one thing, for example, to present a theory of “soft power” as Joe Nye has done. It is quite another to figure out how to turn theory into action, to fund it, manage it and keep tabs on whether its exercise has achieved the desired results. (If we 've learned anything from the disasters of the neocons, surely it is that competence matters.) The same, of course, can be said of change to the intelligence and military bureaucracies. Chollet and Goldgeier briefly discuss the challenges the post-Cold War changes brought to the CIA (pp. 261 -262), but largely gloss over the diplomatic restructuring debates of the early 1990s, including, e.g., the reintegration of USIA, USAID and ACDA into State. Execution – including the myriad little things — of diplomacy matters; errors in execution are not unique to intelligence and military operations.

One of the authors’ central claims [Myth Five] is that the post-11/9 era was not amenable to one unifying theory akin to containment. I strongly agree. Indeed, as the authors note, this idea that there is no simplifying (in Kennan’s words) “bumper sticker” to define the post-Cold War era has been kicking around since the day the Berlin Wall fell. (Perhaps the myth of a unifying theme appealed only to the vanity of a few foreign policy wonks!) But if that is true, why does the book keep circling back to the idea that either Bush I or Clinton “failed” in defining this new era and spend so much time on the public intellectuals and journalists who were so keen on putting their own label on this not-to-be-labeled era? (see, e.g., p. 27“[Bush] was unable to translate [the End of the Cold War and the Persian Gulf War] momentous achievements into a direction for his country….no one had assumed Kennan’s mantle as the country’s grand strategist.” p. 84: “With a disastrous first year in office, Clinton had lost the initiative to define the era.”) Put differently, why were many of the players portrayed in the book so obsessed with coming up with a label? If labels matter, as many in Washington clearly believe they do, why do they matter? (I have my own view on this, but am curious to hear what the authors think.) I wonder whether the book's focus on the inside-the-beltway political and foreign policy establishment misses some of the broader trends of the 1990s that were occurring outside of Washington and beyond U.S. borders, but which nonetheless have had profound impact on our current foreign policy posture. More on that in my next post.
Who Said This? (And Why You Should Care)
Before turning to some of the broader themes that Chollet and Goldgeier have set out, in this post I want to focus our readers on two quotes from one person. The authors describe how, in the days after the 1991 Gulf War, an interested party was asked about why we did not drive all the way to Baghdad and oust Saddam. (I won’t say yet if it was an Administration official, another politician, or a think tank expert.) The answer, even in 1991, was prescient:
“Once we got to Baghdad, what would we do? Who would we put in power? What kind of government would we have? Would it be a Sunni government, a Shia government, a Kurdish government?... Would it be fundamentalist Islamic?... I do not think the United States wants to have U.S. military forces accept casualties and accept the responsibility of trying to govern Iraq. It makes no sense at all.”
This person added at another time:
“I think that was a quagmire we did not want to get involved in.”
Who was being interviewed and what does this have to do with the broader themes of America Between the Wars? The answer is after the jump…


1993: "A Disastrous First Year in Office"?
I greatly enjoyed Chollet and Goldgeier's book on American Between the Wars. I have several thoughts about the book, but I wanted to begin by discussing their thesis that from a foreign policy perspective President Clinton had a disastorous first year in office. They write: "January 1994 brought an end to a very bad first year in office.... It would be 1995 before the president came to realize he could handle foreign policy as well as he could overswee bold domestic initiatives, such as welfare reform.... With a disastrous first year in office, Clinton had lost the initiative to define the era." (pp. 83-84).

They are, of course, speaking about Somalia, Haiti, and Bosnia. But as a international economic scholar, I have always thought that the greatest foreign policy legacy of the Clinton Administration was its commitment to economic globalization. Thus, while Chollet and Goldgeier argue with the debacle of Mogadishu that October 3, 1993 was the "darkest day for American foreign policy since the triumph of 11/9" (p. 72), I think a strong case could be made that November 20, 1993--the day NAFTA secured final passage in Congress--was the best and brighest day for the Clinton Administration's foreign policy legacy. Indeed, later in the book they argue that "passing NAFTA in 1993--followed by the deal to establish the WTO a year later--turned out to be the apex of the administration's globalization agenda." (p. 162).

From the long view, I have little doubt that the passage of NAFTA and the WTO has far greater historical significance than Clinton's missteps in Somalia, Haiti, and Bosnia. So which is it? Was 1993 the worst or best days for the Clinton Administration's foreign policy legacy?


America Between the Wars: Lessons for the Next Presidential Administration
This superb book is must-reading for students of contemporary foreign policy and for anyone hoping to be part of the incoming foreign policy team of the next president.

America Between the Wars is a book about ideas – the foreign policy and national security ideas that presidential administrations bring with them into office, and the competition of ideas within administrations and between administrations and other actors at home and abroad. One of the most interesting themes is the continuity of debates between and within parties about the purpose of American power (such as protecting U.S. interests versus exporting democratic values) and the source of that power (accumulating military and economic advantage versus harnessing soft-power influence).

But America Between the Wars is also about politics and institutional bureaucracy (see, e.g., military resistance to Clinton’s proposals regarding homosexuality in the military), as well as the unexpected crises that can overwhelm decision making and pull policy agendas off track (to take it up to the present, who would have expected that the George W. Bush Administration originally intent on “no nation-building”, especially by the U.S. military which it also planned to modernize and streamline, would end with 160,000 U.S. troops rebuiling Afghanistan and Iraq?).

When it comes to international law and diplomacy, both Senators Obama and McCain have promised a set of ideas different from the Bush Administration (Obama more so than McCain). Their agendas include a rejuvenated American leadership on issues such as global warming, non-proliferation and detainee treatment, and they both recognize that international legal constraints in these areas can enhance American power in a variety of ways.

But the new president and his administration will have to contend in his first few months with managing wars in Iraq and Afghanistan, a Middle East peace process that’s at best fragile, as well as immediate strategic choices on Iran diplomacy. Those aren’t optional agenda items, and they already fill a plate. And some institutional players, such as the military and the Congress, will have strong views and entrenched positions. And then there are the wildcards (coups, natural disasters, terrorist attacks, domestic political scandals, or something totally new).

I am hopeful and confident that whoever wins in November will keep a restoration of American leadership and credibility on international law near the top of a huge agenda pile (yes, of course, this is not independent of the other issues I just mentioned, but tied tightly into them). But the story Chollet and Goldgeier weave so effectively is cause for caution. It teaches that the power of ideas only goes so far in foreign policy-making. Success or failure of the next presidential term in advancing a new global vision will turn on the White House’s ability to navigate politics, prioritize, cut deals, mediate internal disputes, and ride herd on a vast bureaucracy to ensure implementation. Advisers to the next president would do well to study those parts of the book.
The Five Myths of American Foreign Policy
Let us begin by thanking Roger Alford and his colleagues here at Opinio Juris for hosting this conversation about America Between the Wars, as well as Ken Anderson and Matt Waxman, who so kindly agreed to help keep the discussion lively! Since the book was published a month ago we’ve been doing a lot of events and talks, but we really welcome this opportunity to have an in-depth discussion with such a fine group.

Our book tells the story of the struggle to define America’s role in the world between two pivotal dates, which for us serve as bookends to what we describe as the modern interwar years: the day the Berlin Wall fell on November 9, 1989 (or 11/9), and the day of the terrorist attacks of September 11, 2001, which will forever be known as 9/11. In the course of our research for this book, we talked to as many people as we could who had a role in the events of these years – a diverse group from Colin Powell and Newt Gingrich to Madeline Albright and Robert Rubin to Pat Buchanan and Ralph Nader – and our narrative very much reflects the insights and stories that we gleaned from these revealing conversations.

In writing about America from 11/9 to 9/11, we tried to do several things. This book is an intellectual history of the debates between liberals and conservatives (and among factions inside both the political right and left) about the world after the Cold War and America’s role in it. It is also diplomatic history, in that it is a narrative of the major events and key turning points in American foreign policy during these years. And finally, and perhaps most importantly for our readers during an election-year summer, it is a political history of how the politics of national security played out during these years, as liberals and conservatives, Democrats and Republicans, responded to the end of the Cold War and tried to reshape themselves to face the new global landscape. It is impossible to understand this era without seeing the interweaving of the ideas, events, and politics, which we argue very much shaped the history of the past eight years and continues to shape the foreign policy choices McCain and Obama will argue about in the months ahead.

As a way to get things rolling, and hopefully to provoke some debate, we’d like to offer five myths that we believe our story shatters.

Myth 1: When it comes to America’s role in the world, 9/11 changed everything.

Reality:
Describing the events of 9/11, President Bush asserted, “All of this was brought upon us in a single day, and night fell on a different world.” With these words, he reinforced a general perception that global politics had changed irrevocably on September 11, 2001. It was a day we will always remember and honor, but the president was articulating an emotional truth – not an analytical one. Just as history did not end in 1989, it did not begin on 9/11.

The tragedy of 9/11 and its aftermath had its origins twelve years earlier, when the world shifted in ways that were incomprehensible at the time. On 11/9 the Berlin Wall fell, and the Cold War was effectively over. That year, the Soviet Union withdrew from Afghanistan, and the former superpower battleground was left unattended until Bill Clinton bombed Al Qaeda training camps there in August 1998 in retaliation for the embassy bombings in Kenya and Tanzania. As we show in the book, by 1998, the Clinton administration believed it was “at war” with Osama bin Laden and his followers, and Clinton told George W. Bush after the 2000 election was decided, “One of the great regrets of my presidency is that I didn’t get him [bin Laden] for you, because I tried.” Of course, conservatives at the time were hardly focused on the threat from Islamic extremism.

But it wasn’t just terrorism. Other national security problems we face today – including failed states and civil wars, the proliferation of weapons of mass destruction, Iran, Iraq, and North Korea – all arose in the years after the collapse of communism.

Myth 2: Our problems began with George W. Bush, and will end when he leaves.

Reality:
There is more continuity between Bill Clinton and George W. Bush than partisans on both sides care to admit: Clinton feared Saddam Hussein’s possession of weapons of mass destruction and tried to bring about regime change in Iraq. Bush is now pursuing Clinton-type policies on Iran, North Korea and the Middle East Peace Process. Both bypassed the UN to take military action, and both saw America as “indispensable.” There was continuity from George H.W. Bush to Clinton to George W. Bush – and there will be probably be a surprising degree of continuity after January 2009 regardless of who wins.

Myth 3: Democrats are incompetent at protecting America’s national security.

Reality:
While that’s been the conventional wisdom conservatives have peddled for decades, especially at election time, we show that by the end of 2001, the charge rang pretty hollow. When Clinton left office, he had used military force in Iraq and Afghanistan and the Balkans, transformed NATO, and brought China into the World Trade Organization. Democrats used to get defensive when Republicans asserted they knew better how to conduct national security, but those days are over. Just look at how Obama is taking the fight to McCain on national security issues.

In fact, the shoe is on the other foot. Republicans are facing their own “best and the brightest” moment. Just as leading national security Democrats were tarnished by Vietnam, so are many leading Republicans today in the wake of the George Bush presidency. When the George W. Bush team came into office in 2001, many in the press and among the foreign policy elite believed that individuals such as Colin Powell, Dick Cheney, Donald Rumsfeld, and Paul Wolfowitz represented the “A-team” in American foreign policy after the seeming confusion of the Clinton years. But that was both a misreading of the latter years in the Clinton presidency and unwarranted optimism about the Bush team.

Myth 4: There is a strong Republican consensus about America’s role in the world.

Reality:
Since the end of the Cold War nearly 20 years ago, conservatives have been deeply divided about America’s global role. Traditional pragmatists such as George H.W. Bush and Brent Scowcroft hoped that America could lead through institutions like the United Nations. Isolationist Patrick Buchanan ran on the old George McGovern slogan, “Come Home, America” in 1992 and nearly won the New Hampshire primary against a sitting president. Many neo-conservatives believed with the end of the Cold War that America no longer needed a global mission, and the neo-conservative movement appeared dead by the mid-1990s. And on Capitol Hill, the “Contract Republicans” who swept to power in the 1994 elections combined neo-isolationism with strong nationalism and anti-Clintonism to focus their attention on missile defense, the rise of China, and UN bashing.

The aftermath of 9/11 created an illusion that conservatives were unified behind the “war on terror” as they had been against communism during the Cold War. But now we are seeing Republicans splitting into familiar factions, with neoconservatives, traditional realists, and neo-isolationists facing off against one another. This presents huge challenges for John McCain, whether as a candidate or, if he wins, as president.

Myth 5: America needs a simple foreign policy doctrine like “containment.”

Reality:
For twenty years people have been trying to come up with a replacement for the Cold War’s “containment” policy. We tell the story of how Clinton himself was obsessed with coming up with a theory of the case, but was ultimately unsuccessful. George W. Bush thought he had found the new defining concept after 9/11 with the “war on terror.”

But that concept has lost its luster – most senior military leaders don like the phrase, and even Colin Powell told us in an interview that the “war on terror” is a “bad phrase…it’s a criminal problem.” So we argue that the quest for defining a simple concept to guide American foreign policy is fruitless, overrated and even dangerous in the complex world of the 21st century. As the book recounts, in 1994, the Clinton team asked 90-year old George Kennan to come down from Princeton so they could get his advice on replacing the doctrine that he had articulated so successfully in 1947. The former diplomat’s sage counsel: “forget about the bumper sticker; try to come up with a thoughtful paragraph or two.”

Well, there’s some food for thought. We look forward to your responses to this or any other aspect of the book. And again, thanks so much for having us here.