Seated at the same table in the General Assembly
Hall of the United Nations in New York last Monday were
representatives of Iran and Iraq. Their proximity was a mere
artifact of alphabetical order, yet also a symbol of the
organization's idealism: If leaders from contending
countries--whether dictatorships or democracies--can only sit down
together, good things will happen.
But, lately, bad things have been happening at the United Nations.
Never, in fact, have the organization's ideals and institutions
been under greater strain. An oil-for-food scandal, the sexual
abuse of locals by U.N. peacekeepers, the duplicity of the Human
Rights Commission, paralysis over genocide in Sudan--the weight of
it all seemed to press down on an unusually somber Secretary
General Kofi Annan, even as he challenged the assembly to endorse
big plans for reform. "I have deliberately spared you high-flying
rhetoric," he said softly. "What is needed now is not more
declarations and promises, but action."
On March 21, Annan released his 63-page reform agenda, borrowing
heavily from the 2004 report by his High-level Panel on Threats,
Challenges and Change. Annan's document, "In Larger Freedom:
Towards Development, Security and Human Rights For All," is being
billed as a bold vision for revitalizing the United Nations. U.N.
watchers say it suffers from the same mix of confession and
self-deception that has hobbled previous reform manifestos.
In his section on preventing catastrophic terrorism, for example,
Annan challenges the claim, popular among Arab states, that
resisting occupation justifies any form of violence. He calls for a
new convention on terrorism by 2006. "Terrorism is a threat to all
the United Nations stands for," he writes. "It cannot include the
right to deliberately kill or maim civilians."
The problem is that the United Nations still
cannot decide on a morally coherent definition of terrorism.
Indeed, critics charge that it has long supported terrorist
activity in one form or another. In October 2001, for example,
barely a week after the U.N. passed a tough anti-terrorism
resolution in the wake of 9/11, it gave Syria a two-year term on
the Security Council. Yet Syria remains on the State Department
list of state sponsors of terrorism, reportedly offering haven to
over a dozen terrorist groups.
Annan calls the threat of global terror one of "deadly urgency,"
requiring a new consensus on how to defend international peace and
security. He argues that the U.N. Charter authorizes war to meet
both "imminent" and "latent" threats to peace--terms that appear
nowhere in the U.N. Charter. In an apparent nod to the Christian
"just war" theory, he asks the Security Council to adopt a set of
principles to guide decisions about the use of military force. They
include the concepts of a "proper purpose" for war (right
intention); of force proportional to the threat (proportionality);
and of the necessity to first explore all means short of war (last
resort).
Despite being a flattened version of just war theology, Annan's
offering will probably rankle many Europeans. "To my mind this is
the first time any international notice has been given to the just
war theory," says James Turner Johnson, a leading just war theorist
at Rutgers University. "It certainly engages the United Nations in
a much more direct way with the moral debate that's been going on
in this country."
Nevertheless, defense experts and others say Annan's proposal
invests too much power in the U.N. Security Council. Under Article
51 of the Charter, states don't need U.N. approval to defend
themselves after an attack. Annan agrees, but claims that every
other decision to use force demands the Council's "unique" power to
confer legitimacy. Since its formation in 1945, the Council's five
permanent members--the United States, Great Britain, Russia,
France, and China--rarely have agreed on security questions. "The
essence of a sovereign country is that it is the only entity that
can judge whether or not it's being threatened," says Walter
Russell Mead, a scholar at the Council on Foreign Relations. "If
there's an attempt to substitute the judgment of the Security
Council for that of an individual country for when one is
threatened, then that seems to me like a complete
nonstarter."
This was at the heart of the debate over the Iraq invasion, which
inflamed the sense of crisis about the need for U.N. reform. Annan
eventually called the war "illegal," a claim that others say rests
on a mistaken view of legitimacy, sovereignty, and the Charter.
Jeane Kirkpatrick, U.S. ambassador to the U.N. during Ronald
Reagan's first term, says Annan's agenda could make the problem
worse. "Legitimacy is available through the rule of law in
constitutional democracies," she says. "I think it is enormously
important that the United States never agree that the use of force
depends on U.N. authorization."
Critics also point to the U.N.'s failure to
prevent human-rights atrocities in states such as Rwanda, Bosnia,
and Kosovo, where the veto power of Security Council members
created inertia and cowardice. In Sudan, an Islamic government
stands accused of ongoing genocide--with no clear sign that the
U.N. will intervene. Without a hint of irony, Annan asked the
General Assembly: "As to genocide, ethnic cleansing, and other such
crimes against humanity, are they not also threats to international
peace and security, against which humanity should be able to look
to the Security Council for protection?"
Jean Bethke Elshtain, professor of social and political ethics at
the University of Chicago, bristles at the suggestion. The problem,
she says, is the fundamental structure of the Security Council and
the absence of an international military to enforce its decisions.
"There's nothing he has to say here that reassures me that the U.N.
could be effective either dealing with imminent threats or with
genocide," she says. "As long as you maintain veto power and
permanent membership in the U.N. Security Council, the idea that it
could intervene effectively is preposterous."
Back in 1945, at the international conference in San Francisco that
created the United Nations, Charles Malik, the Lebanese delegate
and an Arab Christian, worried about the impulse to mistake
conventions for moral convictions. "There is a peace that only
cloaks terrible inner conflicts," he wrote at the time. "And there
is a security that is utterly insecure." Perhaps nowhere else is
the gulf between form and substance deeper than in the discredited
Human Rights Commission.
Annan now admits what everyone involved in human-rights advocacy
has long known: The world's rogue regimes seek membership on the
Commission to block international scrutiny and censure. According
to Freedom House, more than half of the 53-member states are unfree
or only partly free. Six countries on the Commission get the lowest
possible rating for freedom: China, Cuba, Eritrea, Saudi Arabia,
Zimbabwe, and Sudan (which was reelected last year even as new
charges of ethnic cleansing were raised by U.N. investigators).
Annan's remedy: Shrink the size of the Commission and elect
delegates by a two-thirds majority vote of all U.N. members. That
might possibly end the "regional bloc" system, which allows
dictatorships like China to intimidate other states into getting
nominated. "A two-thirds vote might give democratic states the
power to block bad nations," says Mark Lagon, of the State
Department's Bureau of International Organizations. "We think this
is moving in the right direction." Joanna Weschler, UN
representative for Human Rights Watch, sees an admission that
reform is desperately needed: "This indicates a belief that the
Commission is beyond repair."
It might also suggest, however, that UN officials have no intention
of challenging the culture of hypocrisy that dominates the
institution's human rights agenda. Many weak democracies in Africa,
for example, could still succumb to pressure for vote-trading.
Perhaps more important, Annan and his U.N. colleagues resist the
idea of setting a high moral bar for membership on the Commission,
a goal long advanced by human-rights groups. "Establishing criteria
for membership on the Commission and for a reformed Human Rights
Council is vital for credibility," says Michael Goldfarb, a
spokesman for Freedom House. "It's the only way to reclaim the
mandate of the U.N.'s primary human rights body, namely to
spotlight the world's most egregious human rights abusers."
To some it all seems like a tragic departure from the lofty ideals
expressed in the U.N. Charter about affirming and defending the
"dignity and worth of the human person." To others, another U.N.
report just doesn't have much salience amid the tough political and
social realities on the ground. As an Iraqi diplomat said to me
after Annan's speech: "We have other things that keep us up at
night other than U.N. reform."
Mr. Loconte is a
fellow at the Heritage Foundation and editor of "The End of
Illusions: Religious Leaders Confront Hitler's Gathering Storm"
(Rowman & Littlefield).
First Appeared in The Weekly Standard