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In an op ed for the San Francisco Chronicle, CDDRL Fellow J Alexander Thier notes the important decisions that will have to be embodied in the new Iraqi constitution if it is to be more than just a worthless piece of paper. Thier argues that the constitution will need to take into account Iraq's unique multi-ethnic and diverse religious character as well as enshrine democratic principles and freedoms for Iraq to move forward.
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Stanford Law School, the Stanford Rule of Law Program, the Center on Democracy, Development, and the Rule of Law, Santa Clara University School of Law, and the Santa Clara Institute of International and Comparative Law will host a Global Jurisprudence Colloquium at Stanford University on March 17-18, 2005, on the theme of Decisions of International Legal Institutions: Compliance and Enforcement. The Colloquium will provide leading judges from a number of key international courts and tribunals with an opportunity to interact and share with the Stanford community and the public their insights into issues presented by the growing use of international courts to promote the rule of law.

Distinguished international jurists scheduled to participate in the Colloquium include Judges Higgins and Owada of the International Court of Justice, Judges Pillay and Song of the International Criminal Court, President Meron and Judge Robinson of the International Criminal Tribunal for the Former Yugoslavia, Judge Mumba of the International Criminal Tribunal for Rwanda, Judge Ameli of the Iran-United States Claims Tribunal, Judge Kokott of the European Court of Justice, Judge Greve of the European Court of Human Rights, and President Robertson of the Special Court for Sierra Leone.

On March 18, the Colloquium participants, joined by distinguished international law and international relations faculty, will hold three panel discussions, each on a particular theme related to the historic challenge to improve enforcement of international law and efforts to enhance the rule of law. These panel discussions will be held at Stanford Law School and are open to the University community and the public.

Room 290, Stanford Law School

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Imagine that Israel never existed. Would the economic malaise and political repression that drive angry young men to become suicide bombers vanish? Would the Palestinians have an independent state? Would the United States, freed of its burdensome ally, suddenly find itself beloved throughout the Muslim world? Wishful thinking. Far from creating tensions, Israel actually contains more antagonisms than it causes.

Since World War II, no state has suffered so cruel a reversal of fortunes as Israel. Admired all the way into the 1970s as the state of "those plucky Jews" who survived against all odds and made democracy and the desert bloom in a climate hostile to both liberty and greenery, Israel has become the target of creeping delegitimization. The denigration comes in two guises. The first, the soft version, blames Israel first and most for whatever ails the Middle East, and for having corrupted U.S. foreign policy. It is the standard fare of editorials around the world, not to mention the sheer venom oozing from the pages of the Arab-Islamic press. The more recent hard version zeroes in on Israel's very existence. According to this dispensation, it is Israel as such, and not its behavior, that lies at the root of troubles in the Middle East. Hence the "statocidal" conclusion that Israel's birth, midwifed by both the United States and the Soviet Union in 1948, was a grievous mistake, grandiose and worthy as it may have been bat the time.

The soft version is familiar enough. One motif is the "wagging the dog" theory. Thus, in the United States, the "Jewish lobby" and a cabal of neoconservatives have bamboozled the Bush administration into a mindless pro-Israel policy inimical to the national interest. This view attributes, as has happened so often in history, too much clout to the Jews. And behind this charge lurks a more general one-that it is somehow antidemocratic for subnational groups to throw themselves into the hurly-burly of politics when it comes to foreign policy. But let us count the ways in which subnational entities battle over the national interest: unions and corporations clamor for tariffs and tax loopholes; nongovernmental organizations agitate for humanitarian intervention; and Cuban Americans keep us from smoking cheroots from the Vuelta Abajo. In previous years, Poles militated in favor of Solidarity, African Americans against Apartheid South Africa, and Latvians against the Soviet Union. In other words, the democratic melee has never stopped at the water's edge.

Another soft version is the "root-cause" theory in its many variations.

Because the "obstinate" and "recalcitrant" Israelis are the main culprits, they must be punished and pushed back for the sake of peace. "Put pressure on Israel"; "cut economic and military aid"; "serve them notice that we will not condone their brutalities"-these have been the boilerplate homilies, indeed the obsessions, of the chattering classes and the foreign-office establishment for decades. Yet, as Sigmund Freud reminded us, obsessions tend to spread. And so there are ever more creative addenda to the well-wrought root-cause theory. Anatol Lieven of the Carnegie Endowment for International Peace argues that what is happening between Israelis and Palestinians is a "tremendous obstacle to democratization because it inflames all the worst, most regressive aspects of Arab nationalism and Arab culture." In other words, the conflict drives the pathology, and not the other way around-which is like the streetfighter explaining to the police: "It all started when this guy hit back."

The problem with this root cause argument is threefold: It blurs, if not reverses, cause and effect. It ignores a myriad of conflicts unrelated to Israel. And it absolves the Arabs of culpability, shifting the blame to you know whom. If one believes former U.N. weapons inspector Scott Ritter, the Arab-Islamic quest for weapons of mass destruction, and by extension the war against Iraq, are also Made in Israel. "[A]s long as Israel has nuclear weapons," Ritter opines, "it has chosen to take a path that is inherently confrontational....Now the Arab countries, the Muslim world, is not about to sit back and let this happen, so they will seek their own deterrent. We saw this in Iraq, not only with a nuclear deterrent but also with a biological weapons deterrent...that the Iraqis were developing to offset the Israeli nuclear superiority."

This theory would be engaging if it did not collide with some inconvenient facts. Iraqis didn't use their weapons of mass destruction against the Israeli usurper but against fellow Muslims during the Iran-Iraq War, and against fellow Iraqis in the poison-gas attack against Kurds in Halabja in 1988-neither of whom were brandishing any nuclear weapons. As for the Iraqi nuclear program, we now have the "Duelfer Report," based on the debriefing of Iraqi regime loyalists, which concluded: "Iran was the preeminent motivator of this policy. All senior-level Iraqi officials considered Iran to be Iraq's principal enemy in the region. The wish to balance Israel and acquire status and influence in the Arab world were also considerations, but secondary."

Now to the hard version. Ever so subtly, a more baleful tone slips into this narrative: Israel is not merely an unruly neighbor but an unwelcome intruder. Still timidly uttered outside the Arab world, this version's proponents in the West bestride the stage as truth sayers who dare to defy taboo. Thus, the British writer A.N. Wilson declares that he has reluctantly come to the conclusion that Israel, through its own actions, has proven it does not have the right to exist. And, following Sept. 11, 2001, Brazilian scholar Jose Arthur Giannotti said: "Let us agree that the history of the Middle East would be entirely different without the State of Israel, which opened a wound between Islam and the West. Can you get rid of Muslim terrorism without getting rid of this wound which is the source of the frustration of potential terrorists?"

The very idea of a Jewish state is an "anachronism," argues Tony Judt, a professor and director of the Remarque Institute at New York University. It resembles a "late-nineteenth-century separatist project" that has "no place" in this wondrous new world moving toward the teleological perfection of multiethnic and multicultural togetherness bound together by international law. The time has come to "think the unthinkable," hence, to ditch this Jewish state for a binational one, guaranteed, of course, by international force.

So let us assume that Israel is an anachronism and a historical mistake without which the Arab-Islamic world stretching from Algeria to Egypt, from Syria to Pakistan, would be a far happier place, above all because the original sin, the establishment of Israel, never would have been committed. Then let's move from the past to the present, pretending that we could wave a mighty magic wand, and "poof," Israel disappears from the map.

Civilization of Clashes

Let us start the what-if procession in 1948, when Israel was born in war.

Would stillbirth have nipped the Palestinian problem in the bud? Not quite. Egypt, Transjordan (now Jordan), Syria, Iraq, and Lebanon marched on Haifa and Tel Aviv not to liberate Palestine, but to grab it. The invasion was a textbook competitive power play by neighboring states intent on acquiring territory for themselves. If they had been victorious, a Palestinian state would not have emerged, and there still would have been plenty of refugees. (Recall that half the population of Kuwait fled Iraqi dictator Saddam Hussein's "liberation" of that country in 1990.) Indeed, assuming that Palestinian nationalism had awakened when it did in the late 1960s and 1970s, the Palestinians might now be dispatching suicide bombers to Egypt, Syria, and elsewhere.

Let us imagine Israel had disappeared in 1967, instead of occupying the West Bank and the Gaza Strip, which were held, respectively, by Jordan's King Hussein and Egypt's President Gamal Abdel Nasser. Would they have relinquished their possessions to Palestinian leader Yasir Arafat and thrown in Haifa and Tel Aviv for good measure? Not likely. The two potentates, enemies in all but name, were united only by their common hatred and fear of Arafat, the founder of Fatah (the Palestine National Liberation Movement) and rightly suspected of plotting against Arab regimes. In short, the "root cause" of Palestinian statelessness would have persisted, even in Israel's absence.

Let us finally assume, through a thought experiment, that Israel goes "poof" today. How would this development affect the political pathologies of the Middle East? Only those who think the Palestinian issue is at the core of the Middle East conflict would lightly predict a happy career for this most dysfunctional region once Israel vanishes. For there is no such thing as "the" conflict. A quick count reveals five ways in which the region's fortunes would remain stunted-or worse:

States vs. States Israel's elimination from the regional balance would hardly bolster intra-Arab amity. The retraction of the colonial powers, Britain and France, in the mid-20th century left behind a bunch of young Arab states seeking to redraw the map of the region. From the very beginning, Syria laid claim to Lebanon. In 1970, only the Israeli military deterred Damascus from invading Jordan under the pretext of supporting a Palestinian uprising. Throughout the 1950s and 1960s, Nasser's Egypt proclaimed itself the avatar of pan-Arabism, intervening in Yemen during the 1960s. Nasser's successor, President Anwar Sadat, was embroiled in on-and-off clashes with Libya throughout the late 1970s. Syria marched into Lebanon in 1976 and then effectively annexed the country 15 years later, and Iraq launched two wars against fellow Muslim states: Iran in 1980, Kuwait in 1990. The war against Iran was the longest conventional war of the 20th century. None of these conflicts is related to the Israeli-Palestinian one. Indeed, Israel's disappearance would only liberate military assets for use in such internal rivalries.

Believers vs. Believers: Those who think that the Middle East conflict is a "Muslim-Jewish thing" had better take a closer look at the score card: 14 years of sectarian bloodshed in Lebanon; Saddam's campaign of extinction against the Shia in the aftermath of the first Gulf War; Syria's massacre of 20,000 people in the Muslim Brotherhood stronghold of Hama in 1982; and terrorist violence against Egyptian Christians in the 1990s. Add to this tally intraconfessional oppression, such as in Saudi Arabia, where the fundamentalist Wahhabi sect wields the truncheon of state power to inflict its dour lifestyle on the less devout.

Ideologies vs. Ideologies: Zionism is not the only "ism" in the region, which is rife with competing ideologies. Even though the Baathist parties in Syria and Iraq sprang from the same fascist European roots, both have vied for precedence in the Middle East. Nasser wielded pan-Arabism-cumsocialism against the Arab nation-state. And both Baathists and Nasserites have opposed the monarchies, such as in Jordan. Khomeinist Iran and Wahhabite Saudi Arabia remain mortal enemies. What is the connection to the Arab-Israeli conflict? Nil, with the exception of Hamas, a terror army of the faithful once supported by Israel as a rival to the Palestine Liberation Organization and now responsible for many suicide bombings in Israel. But will Hamas disband once Israel is gone? Hardly Hamas has bigger ambitions than eliminating the "Zionist entity." The organization seeks nothing less than a unified Arab state under a regime of God.

Reactionary Utopia vs. Modernity: A common enmity toward Israel is the only thing that prevents Arab modernizers and traditionalists from tearing their societies apart. Fundamentalists vie against secularists and reformist Muslims for the fusion of mosque and state under the green flag of the Prophet. And a barely concealed class struggle pits a minuscule bourgeoisie and millions of unemployed young men against the power structure, usually a form of statist cronyism that controls the means of production. Far from creating tensions, Israel actually contains the antagonisms in the world around it.

Regimes vs. Peoples: The existence of Israel cannot explain the breadth and depth of the Mukhabarat states (secret police states) throughout the Middle East. With the exceptions of Jordan, Morocco, and the Gulf sheikdoms, which gingerly practice an enlightened monarchism, all Arab countries (plus Iran and Pakistan) are but variations of despotism-from the dynastic dictatorship of Syria to the authoritarianism of Egypt. Intranational strife in Algeria has killed nearly 100,000, with no letup in sight. Saddam's victims are said to number 300,000. After the Khomeinists took power in 1979, Iran was embroiled not only in the Iran-Iraq War but also in barely contained civil unrest into the 1980s. Pakistan is an explosion waiting to happen. Ruthless suppression is the price of stability in this region.

Again, it would take a florid imagination to surmise that factoring Israel out of the Middle East equation would produce liberal democracy in the region. It might be plausible to argue that the dialectic of enmity somehow favors dictatorship in "frontline states" such as Egypt and Syria-governments that invoke the proximity of the "Zionist threat" as a pretext to suppress dissent. But how then to explain the mayhem in faraway Algeria, the bizarre cult-of-personality regime in Libya, the pious kleptocracy of Saudi Arabia, the clerical despotism of Iran, or democracy's enduring failure to take root in Pakistan? Did Israel somehow cause the various putsches that produced the republic of fear in Iraq? If Jordan, the state sharing the longest border with Israel, can experiment with constitutional monarchy, why not Syria?

It won't do to lay the democracy and development deficits of the Arab world on the doorstep of the Jewish state. Israel is a pretext, not a cause, and therefore its dispatch will not heal the self-inflicted wounds of the Arab-Islamic world. Nor will the mild version of "statocide," a binational state, do the trick-not in view of the "civilization of clashes" (to borrow a term from British historian Niall Ferguson) that is the hallmark of Arab political culture. The mortal struggle between Israelis and Palestinians would simply shift from the outside to the inside.

My Enemy, Myself

Can anybody proclaim in good conscience that these dysfunctionalities of the Arab world would vanish along with Israel? Two U.N. "Arab Human Development Reports," written by Arab authors, say no. The calamities are homemade. Stagnation and hopelessness have three root causes. The first is lack of freedom. The United Nations cites the persistence of absolute autocracies, bogus elections, judiciaries beholden to executives, and constraints on civil society. Freedom of expression and association are also sharply limited. The second root cause is lack of knowledge: Sixty-five million adults are illiterate, and some 10 million children have no schooling at all. As such, the Arab world is dropping ever further behind in scientific research and the development of information technology. Third, female participation in political and economic life is the lowest in the world. Economic growth will continue to lag as long as the potential of half the population remains largely untapped.

Will all of this right itself when that Judeo-Western insult to Arab pride finally vanishes? Will the millions of unemployed and bored young men, cannon fodder for the terrorists, vanish as well-along with one-party rule, corruption, and closed economies? This notion makes sense only if one cherishes single-cause explanations or, worse, harbors a particular animus against the Jewish state and its refusal to behave like Sweden.(Come to think of it, Sweden would not be Sweden either if it lived in the Hobbesian world of the Middle East.)

Finally, the most popular what-if issue of them all: Would the Islamic world hate the United States less if Israel vanished? Like all what-if queries, this one, too, admits only suggestive evidence. To begin, the notion that 5 million Jews are solely responsible for the rage of 1 billion or so Muslims cannot carry the weight assigned to it. Second, Arab-Islamic hatreds of the United States preceded the conquest of the West Bank and Gaza. Recall the loathing left behind by the U.S.-managed coup that restored the shah's rule in Tehran in 1953, or the U.S. intervention in Lebanon in 1958. As soon as Britain and France left the Middle East, the United States became the dominant power and the No. 1 target. Another bit of suggestive evidence is that the fiercest (unofficial) anti-Americanism emanates from Washington's self-styled allies in the Arab Middle East, Egypt and Saudi Arabia. Is this situation because of Israel-or because it is so convenient for these regimes to "busy giddy minds with foreign quarrels" (as Shakespeare's Henry IV put it) to distract their populations from their dependence on the "Great Satan"?

Take the Cairo Declaration against "U.S. hegemony," endorsed by 400 delegates from across the Middle East and the West in December 2002. The lengthy indictment mentions Palestine only peripherally. The central condemnation, uttered in profuse variation, targets the United States for monopolizing power "within the framework of capitalist globalization," for reinstating "colonialism," and for blocking the "emergence of forces that would shift the balance of power toward multi-polarity." In short, Global America is responsible for all the afflictions of the Arab world, with Israel coming in a distant second.

This familiar tale has an ironic twist: One of the key signers is Nader Fergany, lead author of the 2002 U.N. Arab Human Development Report. So even those who confess to the internal failures of the Arab world end up blaming "the Other." Given the enormity of the indictment, ditching Israel will not absolve the United States. Iran's Khomeinists have it right, so to speak, when they denounce America as the "Great Satan" and Israel only as the "Little Satan," a handmaiden of U.S. power. What really riles America-haters in the Middle East is Washington's intrusion into their affairs, be it for reasons of oil, terrorism, or weapons of mass destruction. This fact is why Osama bin Laden, having attached himself to the Palestinian cause only as an afterthought, calls the Americans the new crusaders, and the Jews their imperialist stand-ins.

None of this is to argue in favor of Israel's continued occupation of the West Bank and Gaza, nor to excuse the cruel hardship it imposes on the Palestinians, which is pernicious, even for Israel's own soul. But as this analysis suggests, the real source of Arab angst is the West as a palpable symbol of misery and an irresistible target of what noted Middle East scholar Fouad Ajami has called "Arab rage." The puzzle is why so many Westerners, like those who signed the Cairo Declaration, believe otherwise. Is this anti-Semitism, as so many Jews are quick to suspect? No, but denying Israel's legitimacy bears an uncanny resemblance to some central features of this darkest of creeds. Accordingly, the Jews are omnipotent, ubiquitous, and thus responsible for the evils of the world.

Today, Israel finds itself in an analogous position, either as handmaiden or manipulator of U.S. might. The soft version sighs: "If only Israel were more reasonable..." The semihard version demands that "the United States pull the rug out from under Israel" to impose the pliancy that comes from impotence. And the hard-hard version dreams about salvation springing from Israel's disappearance.

Why, sure-if it weren't for that old joke from Israel's War of Independence: While the bullets were whistling overhead and the two Jews in their foxhole were running out of rounds, one griped, "If the Brits had to give us a country not their own, why couldn't they have given us Switzerland?" Alas, Israel is just a strip of land in the world's most noxious neighborhood, and the cleanup hasn't even begun.

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Donald K. Emmerson, director of Stanford University's Southeast Asia Program, said elements within the Indonesian military have "a reputation for corruption and brutality" and, in East Timor and Papua, have shown a "willingness to work with what might be called entrepreneurs of violence."

Though he said he could not confirm the presence in Aceh of the Laskar Merah Putih militia, he said, "It would be a worst-case scenario if someone in the military were trying to use militias to help carry out repression."

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Larry Diamond
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Professor Larry Diamond, CDDRL Faculty Associate, and Director of the Program on Democracy at the Center on Democracy, Development, and the Rule of Law writes in a January 9, 2005 New York Times Op ed piece that holding elections too soon in Iraq could actually be bad for the long term development and consolidation of Iraqi democracy. Diamond warns that badly timed and ill-prepared elections could increase political polarization and violence by effectively disenfranchising parts of the Sunni Arab population in Iraq. Opposition to January 30 elections in Iraq goes far beyond religious fanatics and defenders of the old order to even moderate and democratic political actors who do not see a way for the elections to be held fairly and on time. Full article available with purchase.
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Professor Tom Heller of Stanford University Law School and CDDRL's Program on Rule of Law will speak on his current research.

Encina Basement Conference Room

Crown Quad rm 329
Stanford, California 94305-8610

(650) 723-7650 (650) 725-0253
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Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies, Emeritus
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An expert in international law and legal institutions, Thomas C. Heller has focused his research on the rule of law, international climate control, global energy use, and the interaction of government and nongovernmental organizations in establishing legal structures in the developing world. He has created innovative courses on the role of law in transitional and developing economies, as well as the comparative study of law in developed economies. He co-directs the law school’s Rule of Law Program, as well as the Stanford Program in International Law. Professor Heller has been a visiting professor at the European University Institute, Catholic University of Louvain, and Hong Kong University, and has served as the deputy director of the Freeman Spogli Institute for International Studies at Stanford University, where he is now a senior fellow.

Professor Heller is also a senior fellow (by courtesy) at the Woods Institute for the Environment. Before joining the Stanford Law School faculty in 1979, he was a professor of law at the University of Wisconsin Law School and an attorney-advisor to the governments of Chile and Colombia.

FSI Senior Fellow and Woods Institute Senior Fellow by courtesy
Thomas C. Heller Professor Stanford Law School and CDDRL
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Michael A. McFaul
Abbas Milani
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CDDRL Faculty Associate, Michael McFaul and Hoover Institution Fellow, Abbas Milani argue that Iran's nuclear program does not pose a direct threat to the United States. US leaders, therefore, need a radical new approach that would nurture change from within Iran rather than impose change from without.

Even when the European-Iranian agreement to halt Iran's uranium-enrichment program looked solid, the United States was blunt in its disapproval. The ink was barely dry on the accord when the Bush administration, it appears, began trying to derail it.

First, rather than endorse the accord, Secretary of State Colin Powell essentially accused the Iranians of lying when they said their nuclear program was for peaceful purposes. He announced that new intelligence showed Iran is developing a nuclear warhead to arm its Shahab-3 ballistic missiles. Then, at a Nov. 20 meeting of heads of state in Santiago, Chile, President Bush stated unequivocally that Iran is trying to build a nuclear weapon.

Why would the administration take such a combative stance? Because hard-liners within the administration thought Tehran would use the settlement to buy time for building nuclear weapons, and that the United States would be better off bombing Iran's suspected weapons sites.

Proponents of using military force against Iran have not yet won the argument within the Bush administration. But the past two weeks of strong pronouncements about the threat Iran poses suggest that the military option may be gaining ground. And Iran's last-minute attempts to maintain some enrichment capabilities -- which by press time Friday were threatening to kill the European agreement -- no doubt strengthened the hard-liners' hand.

Before the United States even considers such a drastic step as airstrikes against suspected nuclear weapons sites -- or even trying to compel the United Nations to endorse new economic sanctions against Iran -- it is essential that our leaders be clear about what they are trying to accomplish in Iran and whether such actions will help or hurt.

If the ultimate goal is to create a democracy -- one that would not fear the United States and therefore have less use for the bomb -- then dual-track diplomacy with Iran's government and with its people is more likely to work than military action.

Probably the most important question the administration's leaders should ask themselves is whether Iran, even a nuclear-armed Iran, poses a direct threat to the United States and its allies.

The answer, we believe, is no.

The mullahs who rule Tehran long ago gave up their ideological quest to "export'' revolution. Like the last generation of octogenarians who ruled the Soviet Union, Iran's leaders today want nuclear weapons as a means to help them preserve their power, not to help them spread their model of theocratic rule to other countries.

Deterrence works

In other words, even if Iran's rulers succeeded in building nuclear bombs, they would be very unlikely to take on the United States and its vast nuclear arsenal or to attack Israel. (The mullahs in Tehran understand that any nuclear attack against Israel would trigger full retaliation from the United States.) In dealing with Iran, deterrence works.

Tehran would also be unlikely to pass a bomb to Islamist terrorists, despite its support of Arab terrorist organizations that continue to attack Israel. One reason, again, is deterrence. Iran's rulers know that the United States would probably be able to trace the weapon back to them and retaliate.

The threat of a nuclear Iran comes, instead, from the reaction it is almost sure to spark in the region and the world, possibly sending Egypt and Saudi Arabia on their own quests for nuclear weapons.

Such an arms race would undermine the longstanding Treaty on the Non-Proliferation of Nuclear Weapons, an agreement signed by nearly 190 countries, that has proved indispensable in preventing the spread of nuclear weapons.

Bush administration hard-liners want to save that arms-control treaty by using arms. In advocating a "surgical'' military strike against Iran's most important nuclear facilities, including the once hidden enrichment plant in Natanz, they cite Israel's airstrike against Iraq's nuclear complex at Osirak in 1981 as a model of success. They argue that an American (or Israeli) strike would not end Iran's nuclear aspirations, but would dramatically slow its program and make the mullahs reconsider the costs of trying to restart it.

Attack would backfire

But a pre-emptive military strike would instead do just what the hard-liners in Tehran hope for: It would unite their people behind them.

Even a precise bombing campaign would kill hundreds if not thousands of innocent Iranians; destroy ancient buildings of historical and religious importance; trigger an Iranian counterstrike, however feeble, against American targets and friends in the region, and spur the mullahs to increase their direct support for American enemies in the Shiite part of Iraq.

Even more important, an attack would only encourage Tehran to redouble its efforts to build a bomb, just as Saddam Hussein sped up his efforts after the 1981 strike. It would also hurt the democratic opposition movement inside Iran, which is already in retreat and cannot afford another setback. After an attack, Iranians, not unlike Americans, are sure to rally around the flag and their government.

If the administration decides, in the end, that American military options are limited and counterproductive, the only serious way to impede the development of Iranian nuclear weapons is through negotiation. Iran's recent accord with France, Britain and Germany is only temporary, and negotiations are expected to continue.

If the United States were to jump in now, it could try to ensure that our European allies accept nothing less than a permanent and verifiable dismantling of Iran's enrichment capabilities, as well as banning any plutonium production.

Allowing the Iranians to enrich even some uranium, which they say will be used merely to feed their nuclear power plant, makes it too easy to cheat. To make the deal work, the United States would need to join with Europe, Russia and China in pledging to guarantee Iran a permanent and continuous supply of enriched uranium. To make the deal even more attractive, the fuel could be offered at reduced prices.

Even under the strictest inspection regime, Iran's leaders will cheat, as they have often done in the past, and they will eventually divert enriched uranium from peaceful to military purposes. But the harder and more transparent the allies can make it, the longer it will take Iran to begin building bombs.

In the long run, the world's only serious hope for stopping Iran from developing nuclear weapons is the development of a democratic government in Tehran. A democratic Iran will become an ally of the Western world no longer in need of a deterrent threat against the United States.

Democracy in Iran therefore obviously serves U.S. national interests. Yet Bush administration officials (as well as their predecessors in the Clinton, Bush and Reagan administrations) have not succeeded in developing a strategy for advancing the cause of Iranian democracy.

New strategy

What is needed is a radical new approach that would nurture change from within the country, in alliance with Iran's democratic movement, rather than impose change from without.

A first step would be to establish an American presence in Tehran, as many in Iran's democratic opposition have proposed. Now decades old, the U.S. policy of isolating Iran has not weakened but instead strengthened its autocratic government.

Of course, we are not suggesting that the United States open an embassy in Tehran and turn a blind eye to human rights abuses; that would only contribute to the further consolidation of the mullahs' hold on power. But we are suggesting a new strategy that would allow American government officials, as well as civic leaders, academics and business people, to engage directly with Iranian society.

This engagement cannot occur on a widespread scale without some level of diplomatic relations and some revision of the American sanctions against Iran. Then, more Western foundations would be able to make grants to pro-democracy Iranian organizations, while business people -- and especially the Iranian-American business community in the United States -- would be able to leverage their capital and know-how to influence economic and political change inside Iran. A U.S. presence in Iran would, not incidentally, also enhance the West's ability to monitor Iran's nuclear program.

Critics of engagement argue that diplomatic relations with Iran will reward this "axis of evil'' member for years of supporting terrorism and pursuing nuclear weapons. In fact, an American presence in Iran is the mullahs' worst nightmare.

Iran's government has long used its ongoing tensions with the United States, as well as the embargo, as an excuse for the economic difficulties that are, in fact, the direct results of the regime's incompetence and corruption. Tehran's leaders have conveniently labeled nearly all of their opponents as "agents of America.''

Most important, part of the regime's self-declared legitimacy lies in its claim to be the only Muslim country fighting what it sees as U.S. imperialism. If the United States could prove it's not an enemy of the Iranian people, the legitimacy of Iran's leaders would diminish.

Reagan's course

In the first years of his presidency, Ronald Reagan labeled the Soviet Union the "evil empire'' and went out of his way to avoid contact with such a regime.

Over time, however, Reagan charted a new course of dual-track diplomacy. He engaged Kremlin leaders (well before Gorbachev) in arms control, while also fostering contacts and information flow between the West and the Soviet people in the hope of opening them up to the possibilities of democracy.

In the long run, it was not arms control with the Soviets, but democratization within the Soviet Union, that made the United States safer.

If George W. Bush desires a foreign-policy legacy as grand as Reagan's, now is the time to think big and change course as dramatically as Reagan did.

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Presenting the fall 2004 Payne Distinguished Lecture on Oct. 4, Peter Eigen, founder and chairman of Transparency International, discussed "Chasing Corruption Around the World: How Civil Society Strengthens Global Governance."

Transparency International, the only international non-governmental organization devoted to combating corruption, brings civil society, business and governments together in a powerful global coalition. Through its international secretariat and its more than 85 independent national chapters around the world, the organization works at the national and international level to curb both the supply of and demand for corruption. In the international arena, Transparency International raises awareness about the damaging effects of corruption, advocates policy reform, works towards the implementation of multilateral conventions, and subsequently monitors compliance by governments, corporations and banks. At the national level, its chapters work to increase levels of accountability and transparency, monitoring the performance of key institutions and pressing for necessary reforms in a nonpartisan manner.

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Dr. Peter Eigen | Transparency Int'l
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Professor, by courtesy, of Political Science
alberto_diaz-cayeros_2024.jpg MA, PhD

Alberto Díaz-Cayeros is a Senior Fellow at Stanford University's Freeman Spogli Institute for International Studies (FSI), and co-director of the Democracy Action Lab (DAL), based at FSI's Center on Democracy, Development and Rule of Law (CDDRL). His research interests include federalism, poverty relief, indigenous governance, political economy of health, violence, and citizen security in Mexico and Latin America.

He is the author of Federalism, Fiscal Authority and Centralization in Latin America (Cambridge, reedited 2016), coauthored with Federico Estévez and Beatriz Magaloni, of The Political Logic of Poverty Relief (Cambridge, 2016), and of numerous journal articles and book chapters.

He is currently working on a project on cartography and the developmental legacies of colonial rule and governance in indigenous communities in Mexico.

From 2016 to 2023, he was the Director of the Center for Latin American Studies at Stanford University, and from 2009 to 2013, Director of the Center for US-Mexican Studies at UCSD, the University of California, San Diego.

Affiliated faculty at the Center on Democracy, Development and the Rule of Law
Co-director, Democracy Action Lab
Director of the Center for Latin American Studies (2016 - 2023)
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