March has been a bad month for the world's multilateralists
who, encouraged by several early appointments to the State Department and a
successful presidential tour of Europe, had hoped that George W. Bush would
temper his unilateralist instincts in his second term.
But culminating in Friday's release by the Pentagon of a new "National
Defense Strategy of the United States of America," the last few weeks
have showered a bracing dose of cold water on that notion.
Combined with the nomination earlier in the month of super-unilateralist John
Bolton as Bush's ambassador to the United Nations, as well as the U.S. withdrawal
from the jurisdiction of the International Court of Justice (ICJ) for cases
involving the Vienna Convention on Consular Relations, the Strategy strongly
suggests that Washington's interest in its traditional alliances, multilateral
institutions, and even international law is on a downward trajectory.
The 24-page public document, signed by Defense Secretary Donald Rumsfeld, is
designed to lay out some of the basic assumptions of the U.S. role in the world,
particularly as regards peace and security, that will guide the Quadrennial
Defense Review (QDR), an important exercise carried out every four years that
steers U.S. strategy, the Pentagon's more than $400 billion annual budget, and
military "transformation" over the next five to 10 years.
While the New
York Times highlighted one suggested innovation inviting foreign
allies into classified discussions on the QDR as it is developed as evidence
of greater collegiality and openness to allies, the Strategy puts far greater
stress on the critical importance of retaining Washington's independence and
its unchallengeable military dominance in strategic regions, particularly in
and around Eurasia.
While the first of four "strategic objectives" listed in the report
is securing the U.S. from direct attack, the second is to "secure strategic
access and retain global freedom of action."
"Strengthen[ing] alliances and partnerships" rates number three.
At another point, it warns that "[s]ome enemies may seek to terrorize our
population and destroy our way of life, while others will try to
limit
our global freedom to act
."
In dramatic contrast to the National Security Strategy of the USA released
in September 2002 nine months after Washington ousted the Taliban in Afghanistan
and six months before its invasion of Iraq the latest strategy does not even
mention the North Atlantic Treaty Organization (NATO) by name, except obliquely
by the phrase "traditional allies" or "partners," suggesting
a strong preference for ad hoc "coalitions of the willing," rather
than permanent collective-security arrangements.
"NATO is kind of missing in action now in their strategy," Loren
Thompson, a military analyst at the Virginia-based Lexington Institute, told
the Los Angeles Times.
The United Nations and the UN Security Council also go unmentioned in the new
document.
Several other aspects of the Strategy also suggest a growing wariness of, if
not hostility to, multinational mechanisms and international law.
Under "vulnerabilities," for example, the Strategy notes, "Our
strength as a nation state will continue to be challenged by those who employ
a strategy of the weak using international fora, judicial processes, and terrorism."
While the outgoing undersecretary of defense for policy, Douglas Feith, stressed
that the provision was not intended to equate proponents of international law
with terrorists, he made clear that Washington will resist attempts to submit
it to treaties that it has not ratified, such as the Rome Protocol for the International
Criminal Court (ICC).
"The arguments that some people make to try to, in effect, criminalize
foreign policy and bring prosecutions where there is no basis for jurisdiction
under international law as a way of trying to pressure American officials,"
he said, echoing a position long held by Bolton and other members of the right-wing
Federalist Society, an association of lawyers and judges who strongly oppose
the application of international law and conventions if, in their view, they
impinge on U.S. sovereignty.
"[I]f there are countries that don't share our goals, they may try to
use established international fora to inhibit us doing what we need to do in
our national interest," added Admiral William Sullivan, vice director of
the Strategy, Plans, and Policy Office of the Joint Chiefs of Staff. "That's
what this paragraph addresses."
The document also makes clear that Washington intends to ignore or demand changes
in international law if they constrain Washington's freedom of action.
"Many of the current legal arrangements that govern overseas posture date
from an earlier era," it states. "Today, challenges are more diverse
and complex, our prospective contingencies are more widely dispersed, and our
international partners are more numerous."
"International agreements relevant to our posture must reflect these circumstances
and support greater operational flexibility. They must help, not hinder, the
rapid deployment and employment of U.S. and coalition forces worldwide in a
crisis," it goes on, adding, for example, that legal protections for U.S.
personnel against possible transfer to the ICC, the global tribunal for crimes
against humanity, genocide, and war crimes, will continue to be sought.
The Strategy also reiterates Bush's strategic doctrine of "preemption,"
particularly in the case of a "potentially catastrophic impact of an attack
against the United States, its allies, and its interests," a phrase that,
significantly, did not qualify its application to situations in which such an
attack was "imminent."
Similarly, the Strategy calls for "preventive" military action by
the U.S. and its partners, citing, as an example, "to prevent the outbreak
of hostilities or to help defend or restore a friendly government. Under the
most dangerous and compelling circumstances, prevention might require the use
of force to disable or destroy [weapons of mass destruction] in the possession
of terrorists or others or to strike targets (e.g., terrorists) that directly
threaten the United States or U.S. friends or other interests."
The Strategy suggests that Washington will not be reluctant to send its forces
into other states that, in its opinion, do not "exercise their sovereignty
responsibly" or that "use the principle of sovereignty as a shield
behind which they claim to be free to engage in activities that pose enormous
threats to their citizens, neighbors, or the rest of the international community."
U.S. freedom of action, which the document asserts, "will provide a stabilizing
influence in key regions," must also be assured "in and from the global
commons, including space and cyberspace, as well as international waters and
airspace."
"Key goals
are to ensure our access to and use of space, and to
deny hostile exploitation of space to adversaries," the document states.