Do Unto Others
Imagine a rocket being fired into our territory by persons or organizations in a neighbouring country. There is damage to property and a few people are killed. It would be inconceivable for our government not to take a position and to demand that the government of that neighbouring country take immediate steps to ensure that the event does not reoccur.
Let us say that the event does reoccur, more than once, with more damage and more deaths. The government of the neigbouring country fails to act in a way that the situation requires. More damage is sustained; more Malaysians are put at risk.
At some point, the Malaysian government would have to take steps to secure its population, especially if there is no possibility of a diplomatic resolution of the matter or if such an option were to take too long. Defensive measures may require an offensive strategy to neutralize the site or sites from which rockets are being fired or the persons or organizations involved.
If that were to happen, I think many of us would have no difficulty in accepting the strategy as a necessary measure. Our sovereignty and the lives of Malaysians are not dispensable.
Would it make a difference to us if the Malaysian government had acted in a way that compelled the firing of rockets, for instance by occupying the territory, indirectly if not directly, of those who launch the rockets and acting oppressively? From the former’s point of view, a liberation war is being waged. From the viewpoint of the latter, a crime of aggression is being committed against Malaysia. I am sure some of us would support the offensive while others might have reservations considering the oppression of the people of that territory. All of us would however have great difficulty with the risk to life and limb posed to Malaysians by the continuing attacks.
The situation is a multi-faceted one and not easily resolved.
I would think that there are many who feel that Israel had to act decisively. Leave aside the historical antecedents, Israeli sovereignty and lives are at stake. Options are arguably limited, a state of affairs compounded by the fact that the Palestinian government, to an extent that renders cooperation between the two governments on this issue impossible, condones the rocket attacks.
That is why, and I think rightly so, the debate has settled on the question of whether Israel is playing by the rules. In this there are several issues. First, whether there was sufficient basis for Israel to launch the offensive considering the stranglehold it has over the Gaza strip, and the grave prejudice this has caused to the Palestinians. Secondly, if there was basis, whether the extent and intensity of Israel’s response is proportional and as such justifiable.
The first issue is a heavily nuanced and emotional one. It has been made more so by developments in international law since 9/11. The “preemptive strike” doctrine that underlay the attacks on Afghanistan and, arguably, Iraq has left its mark in the way the international community views a nation’s right to self-defence. The continuing defiance of the UN Security Council’s call for a ceasefire reveals an appreciation on the part of Israel as to the state of flux that international law on the issue currently is in.
The second issue is less ambiguous. It is evident that Israel has exceeded legal and moral limits in the way it has waged its so-called defensive war. As the Special Rapporteur for Human Rights in the Occupied Territories has noted, the contraventions of international humanitarian law and the laws of war include the collective punishment of the 1.5 million people living in the Gaza Strip for the actions of a few militants, the targeting of civilians and the disproportionate military response. It is apparent that war crimes are being committed and, arguably, crimes against humanity.
Though it is clear that the aggression must stop, the way forward is unclear in part for the way in which the matter must be playing out politically within Israel and the Palestine State. In the hypothetical posed above, I am not certain that Malaysians would directly reject extreme and disproportionate measures being taken if these actions were obscured by domestic politics. Consider the way in which a vast number of Americans supported the war on Iraq despite its manifestly precarious foundation. Consider the way in which we unthinkingly support many of our government’s policies and decision despite their obvious consequences.
The efforts by the government to highlight the injustice being perpetrated against the Palestinians are commendable. It seems that the only way the issue is going to be resolved is through concerted action at and through the UN and our efforts may play some part in setting the stage for this to occur.
We must however be cautious in the way we take positions. Stripping the conflict down to its essence, it is a struggle between the colonized and those who colonized them. Our support for the aggrieved should be driven by a desire for justice and not by emotions that leave us blind to the realities.
If it is in fact a desire for justice that drives the Malaysian government in this matter, then I think it is an appropriate time for it to show its commitment to principle through ratification of the statute of the International Criminal Court and the principal international human rights treaties that Malaysia has not as yet. There are also other nations, such as Somalia, that are desperate for effective international measures and for which efforts on the part of the Malaysian government could go a long way. This nation must stand up and be counted.
And to do that effectively it should start where it matters most: at home.
Let us say that the event does reoccur, more than once, with more damage and more deaths. The government of the neigbouring country fails to act in a way that the situation requires. More damage is sustained; more Malaysians are put at risk.
At some point, the Malaysian government would have to take steps to secure its population, especially if there is no possibility of a diplomatic resolution of the matter or if such an option were to take too long. Defensive measures may require an offensive strategy to neutralize the site or sites from which rockets are being fired or the persons or organizations involved.
If that were to happen, I think many of us would have no difficulty in accepting the strategy as a necessary measure. Our sovereignty and the lives of Malaysians are not dispensable.
Would it make a difference to us if the Malaysian government had acted in a way that compelled the firing of rockets, for instance by occupying the territory, indirectly if not directly, of those who launch the rockets and acting oppressively? From the former’s point of view, a liberation war is being waged. From the viewpoint of the latter, a crime of aggression is being committed against Malaysia. I am sure some of us would support the offensive while others might have reservations considering the oppression of the people of that territory. All of us would however have great difficulty with the risk to life and limb posed to Malaysians by the continuing attacks.
The situation is a multi-faceted one and not easily resolved.
I would think that there are many who feel that Israel had to act decisively. Leave aside the historical antecedents, Israeli sovereignty and lives are at stake. Options are arguably limited, a state of affairs compounded by the fact that the Palestinian government, to an extent that renders cooperation between the two governments on this issue impossible, condones the rocket attacks.
That is why, and I think rightly so, the debate has settled on the question of whether Israel is playing by the rules. In this there are several issues. First, whether there was sufficient basis for Israel to launch the offensive considering the stranglehold it has over the Gaza strip, and the grave prejudice this has caused to the Palestinians. Secondly, if there was basis, whether the extent and intensity of Israel’s response is proportional and as such justifiable.
The first issue is a heavily nuanced and emotional one. It has been made more so by developments in international law since 9/11. The “preemptive strike” doctrine that underlay the attacks on Afghanistan and, arguably, Iraq has left its mark in the way the international community views a nation’s right to self-defence. The continuing defiance of the UN Security Council’s call for a ceasefire reveals an appreciation on the part of Israel as to the state of flux that international law on the issue currently is in.
The second issue is less ambiguous. It is evident that Israel has exceeded legal and moral limits in the way it has waged its so-called defensive war. As the Special Rapporteur for Human Rights in the Occupied Territories has noted, the contraventions of international humanitarian law and the laws of war include the collective punishment of the 1.5 million people living in the Gaza Strip for the actions of a few militants, the targeting of civilians and the disproportionate military response. It is apparent that war crimes are being committed and, arguably, crimes against humanity.
Though it is clear that the aggression must stop, the way forward is unclear in part for the way in which the matter must be playing out politically within Israel and the Palestine State. In the hypothetical posed above, I am not certain that Malaysians would directly reject extreme and disproportionate measures being taken if these actions were obscured by domestic politics. Consider the way in which a vast number of Americans supported the war on Iraq despite its manifestly precarious foundation. Consider the way in which we unthinkingly support many of our government’s policies and decision despite their obvious consequences.
The efforts by the government to highlight the injustice being perpetrated against the Palestinians are commendable. It seems that the only way the issue is going to be resolved is through concerted action at and through the UN and our efforts may play some part in setting the stage for this to occur.
We must however be cautious in the way we take positions. Stripping the conflict down to its essence, it is a struggle between the colonized and those who colonized them. Our support for the aggrieved should be driven by a desire for justice and not by emotions that leave us blind to the realities.
If it is in fact a desire for justice that drives the Malaysian government in this matter, then I think it is an appropriate time for it to show its commitment to principle through ratification of the statute of the International Criminal Court and the principal international human rights treaties that Malaysia has not as yet. There are also other nations, such as Somalia, that are desperate for effective international measures and for which efforts on the part of the Malaysian government could go a long way. This nation must stand up and be counted.
And to do that effectively it should start where it matters most: at home.
(Malay Mail; 13th January 2009)
MIS
(This article has been edited since its publication in the Malay Mail)
