Showing posts with label wartime. Show all posts
Showing posts with label wartime. Show all posts

Thursday, August 21, 2014

War and Peace in Time and Space

My new paper War and Peace in Time and Space was inspired/provoked by the indomitable Yxta Maya Murray, who invited me to participate in a symposium on Law, Peace and Violence: Jurisprudence and the Possibilities of Peace at Seattle University Law School. Yxta's commitment to peace as something that does or can truly exist in the world helped me to see that, in my work on wartime, I was not taking peace seriously enough. This led me to revisit the question of what peace might be in a nation engaged in ongoing armed conflict. My answer to this puzzle is to turn to geography/spaciality. I will keep working on this in my next book, but here's my take so far.

This essay is a critical reflection on peace, written for a symposium issue on Law, Peace and Violence: Jurisprudence and the Possibilities of Peace. Peacetime and wartime are thought to be temporal concepts, alternating in history, but ongoing wartime seems to blot out any time that is truly free of war. In spite of this, peace is the felt experience of many Americans. We can understand why peace is thought to exist during ongoing war by turning to geographies of war and peace. The experience of American war is not only exported, but is also concentrated in particular American communities, especially locations of military bases. Memorialization of war death is one of the “spaces of the dead,” as Thomas Laquere calls it, separated from daily life. The persistence of war and the separation of killing, dying and the dead from the center of American life is an example of the way war and peace are spatial. War is also simultaneously infused into domestic life and segregated in the context of militarization. This has been on display in the crisis in Ferguson, Missouri in August 2014. One thing that makes Ferguson so dramatic is the diffusion of war materiel into domestic policing. It also matters deeply that the officers pointing the weapons are largely white, and the demonstrators are predominately largely African American, making clear the racial geography of militarized policing. In the end, this essay raises the question of whether peace should be sought or celebrated. Perhaps the space of peace during persistent conflict can only be a space of privilege.
My paper is on SSRN. It this topic sounds familiar, it's because I started thinking about it on this blog a while ago.

Friday, January 31, 2014

War and Peace in Time and Space


In a few different talks this semester, I plan to build on the ideas in my last book, and finally take up a question I did not previously have a good answer to.  The book, War Time: An Idea, Its History, Its Consequences, critically analyzes the way the concept of “wartime” works in law and public policy.  It focuses on war and temporality, arguing that the ideas about war and time that are implicit in law and policy (e.g. that wartime and peacetime are distinct, and follow each other in sequence) are in tension with the history of U.S. military engagement, which has been persistent, not episodic. 

When I gave talks about the project, I was often asked about whether space mattered – essentially whether I should consider time and space together.  I would answer that yes, space/geography is important to American war in part because U.S. military action takes place outside U.S. territory, and, relying on Catherine Lutz’s work, some domestic communities, especially communities with military bases, experience directly domestic costs of war, while other areas are not directly affected.  But time and space did not come together in the work itself.  I figured that the topic of war and time was important enough to be the singular focus of the book.

But I am occasionally asked to say something about peace, and that has finally helped me with how to think about war’s times and spaces together.  The most helpful provocation was an invitation from Yxta Murray of Loyola Law School to speak at a symposium on Law, Peace, and Violence: Jurisprudence and the Possibilities of Peace, at Seattle University School of Law in March. My difficulty: what to say about “peacetime” when I think there is, essentially, no such thing.  Yxta’s generative call for papers seemed to require more than a suggestion that peacetime is an anachronism – in part because peace is such a fervent hope, and peacefulness has been an important political strategy for social movements.

The answer, which I am still working out and which may not be fully satisfactory for Yxta’s conference, was to turn to scholarship on spatiality. When I began working on temporality, I found my way to a tremendously interesting literature on the history and culture of time.  The same is true of space, with developing new work in critical geography. This is helping me to see that my initial thoughts about wartime and space were too simplistic.  And many law-related works that take space or place into account are similarly limited.  When space or place are invoked, sometimes that just means focusing on the local, or perhaps being comparative.  In this way of thinking, there is an implicit normative space, which is the nation.  All else is a departure. But this is, ultimately, not very interesting or helpful.

I started by returning to Stephen Kern, The Culture of Time and Space, and looking carefully at his chapters on spatiality, and to Mary Favret’s focus on war and distance.  And I am finding my way into critical geography.  The argument for the peace conference is falling into place: that peace is not a time in the United States, it is a geography.  The geography of peace is driven in part by social class.  Those engaged in the work of American war (soldiers, reservists, military contractors, their families and communities) have a direct experience of “wartime,” while the rest of us can go about our daily lives minimally affected by American military engagement.  Whether it is wartime and peacetime within the United States depends upon who you are and where you live. There are consequences of this for the politics of war, and for political checks on presidential war power – but this will await another paper.  For now, thinking about peace as a geography can be a way of thinking about time and space as different yet intersecting dimensions of the culture and experience of American war.

My first take on this will be a lecture at the Robert S. Strauss Center at the University of Texas next week.  The abstract is below.
In law, history and public policy, we conventionally divide the past into wartimes and peacetimes.  Peacetime is thought to be normal time, and wartime is exceptional.  Harsh wartime policies are tolerable in part because they are temporary. In the long war-era of the 21st century, these temporal assumptions have been remarkably persistent, with President Obama and others suggesting that we will at some point return to peacetime.  This lecture will begin with a critique of wartime as a temporal concept, drawing upon my recent book War Time: An Idea, Its History, Its Consequences.  If war’s time limits have eroded, what has become of “peacetime”? Going beyond the wartime critique, I will argue that for the United States “peace” is not a time, but is a spacial concept.  It is because peace is experienced geographically, rather than temporally, that much of the U.S. population can experience peace, while war’s violence is the province of its soldiers and of those who reside in the places of its export.
Take two will be in Seattle, and take three will be at a symposium on The Future of National Security Law at Pepperdine. Then I hope to take the spatial analysis in a different direction, focusing more on a global community of the surveilled that is produced by contemporary security practices for a symposium at Yale’s Center for Historical Enquiry and the Social Sciences. This blog was a helpful place for me to work out the War Time ideas, so I hope you will indulge this new project.  Comments are open -- with thanks in advance for your reading suggestions!

Cross-posted from Balkinization.

Friday, October 18, 2013

What 20th Century Wars Did Soldiers Get Medals For?

For another way to think about war, I turned to U.S. military campaign service medals.  The reason I used this as a database is that they are authorized by Congress.  And not every kind of conflict counts for a medal.  For example, veterans' groups have lobbied for a Cold War medal, but that legislation has not passed.  So this is, in essence, a U.S. government database of military service in conflicts that the United States has participated in. 
My information about medals came from John E. Strandberg and Roger James Bender, "The Call of Duty": Military Awards and Decorations of the United States of America, 2nd. ed.

20th Century Wartimes?

When U.S. histories talk about war, sometimes these are the 20th century wars they talk about. These wars are important, of course.  But they are not the only wars that mattered.

Wartime/Peacetime

For my discussion on Saturday at Fire Dog Lake, I thought I would upload a few figures from my book, which can help illustrate some of my arguments.  This one represents traditional thinking about wartime and peacetime -- the idea that they are different from each other, and history progresses by moving from one kind of time to another.


A consequence of this way of thinking is that wartime is, by definition, temporary.  Beginning a wartime involves starting something that, by definition, comes to an end.

Wednesday, April 10, 2013

When does war end?

David Levine begins a review of War Time by reflecting on the murky boundaries of war during his deployment in Iraq.  He writes in the Michigan Law Review that

while there was a reasonably clear beginning point for the exercise of these [war] powers—found in an Authorization for the Use of Military Force (“AUMF”) rather than a formal declaration of war—from the vantage point of June 2006, it was unclear whether or when this authority would cease. There was no enemy that could surrender or sign a peace treaty, or give some other sign that “war” had ended; the forces that the United States was fighting—variously, Sunni tribesmen, Shia militias, and foreign extremists—had changed significantly since the 2003 invasion and would even change during my yearlong deployment. Although, as an officer in the U.S. military, it was very clear for me when I was at war and when I was not, the temporal bounds of this “wartime” were actually quite murky for the U.S. government. That murkiness increased significantly when considering not only the war in Iraq but also the “Global War on Terror” writ large.
Levine takes up the implications for executive power, focusing on detention powers and the use of force in Libya.

Kenneth Anderson’s review has also just appeared in the Texas Law Review.

Wednesday, February 6, 2013

The Erosion of War and Peace in International Law


International Law Beyond War and Peace

RutiTeitel, Straus Fellow, NYU Law School (2012-2013); Ernst C. Stiefel Prof of Comparative Law, NY Law School

In general, in international law, the distinction between the state of war and the state of peace is becoming less relevant, or at least less determinative of the applicable legal norms. This produces new challenges of interpretation and new trade offs in the relation between law and politics.

Teitel, Humanity's Law
The following are three illustrations of what has been happening.

1. First is the question of when does international criminal justice come into the picture?  At Nuremberg, international criminal responsibility was conceived as fundamentally part of ius post bellum, something that occurs at the end of hostilities.  In a way, it took the place of the kind of collective punishment that became questionable in the wake of the Versaille Treaty.

Today international criminal justice has a transformed functionality, coming into play during conflict, before the peace, and even ex ante (the case of Libya, where referrals to the ICC preceded military intervention in the conflict); indeed it is used as means of regulating conflict itself. We don't need to know whether conflict has ended.

This began with the Balkans war where the International Criminal Tribunal for the former Yugoslavia (ICTY) was created during the conflict by the Security Council and where its jurisdiction to create a tribunal was its peacemaking powers under the UN Charter chapter 7, and where the very stated aim of the law is to regulate the conflict and to restore the peace. Since then this has been reiterated in the ICC Statute.

The introduction of international criminal law during conflict raises the peace versus justice dilemma. What if the prospect of criminal justice intensifies the conflict or makes peace negotiations more difficult (e.g. Quaddaffi in Libya?)? The flip side is the politicization of law, where criminal prosecutions or the threat of them is used to achieve specific strategic political objectives such as may well have been the case vis avis Milosevic’s indictment at the time of the Dayton negotiations.

The second illustration is that it is now rather well established that international human rights law does not apply only in peacetime.

Continue reading below the fold.