{"id":2346,"date":"2011-09-20T22:08:15","date_gmt":"2011-09-21T02:08:15","guid":{"rendered":"http:\/\/harvardnsj.com\/?p=2346"},"modified":"2013-02-15T17:31:41","modified_gmt":"2013-02-15T22:31:41","slug":"glennon-libyan-triumphalism","status":"publish","type":"post","link":"https:\/\/journals.law.harvard.edu\/nsj\/2011\/09\/glennon-libyan-triumphalism\/","title":{"rendered":"Libyan Triumphalism"},"content":{"rendered":"<p><strong>By Prof. Michael Glennon &#8212;<\/strong><\/p>\n<p><span style=\"font-size: medium;\">When a policy works, history looks inevitable.\u00a0 Risks that loomed large when it was commenced disappear; the perils, in retrospect, seem to have been overblown.\u00a0 Impetuousness, in the glow of victorious hindsight, becomes boldness.\u00a0 Recklessness becomes far-sightedness.<\/span><\/p>\n<p><span style=\"font-size: medium;\">Surviving a barrel-ride over Niagara Falls does not make it a good idea, however, and the happy outcome of Kaddafi\u2019s removal does not make the Libyan project a sensible enterprise for the United States and its allies to have undertaken\u2015let alone a model for future interventions.<\/span><\/p>\n<p><span style=\"font-size: medium;\">A risk, whatever the ultimate outcome, remains a risk, and an undue risk, even when the worst does not come to pass, remains an undue risk.\u00a0 The foreseeable risks and costs, real and potential, that were associated with the Libyan action when it was undertaken, were excessive relative to the putative benefits.<\/span><\/p>\n<p><span style=\"font-size: medium;\">What costs and risks were knowable on March 19 when the attacks were launched?\u00a0 Plenty:<\/span><\/p>\n<ul>\n<li><span style=\"font-size: medium;\">That Kaddafi had the capacity and intention to launch terrorist attacks against Western targets in retaliation for attacks against Libya\u2015as he had in downing Pan Am flight 103.<\/span><\/li>\n<li><span style=\"font-size: medium;\">That the United States Treasury, facing default, was in no position to bankroll another pricey war (which ultimately cost the United States $896 million <a href=\"http:\/\/www.washingtonpost.com\/blogs\/checkpoint-washington\/post\/libya-war-costs-for-us-896-million-so-far\/2011\/08\/23\/gIQA5KplYJ_blog.html\">through July 31<\/a>) with record numbers of Americans falling below the poverty level.<\/span><\/li>\n<li><span style=\"font-size: medium;\">That the message sent to Iran, North Korea and other nuclear weapons wannabe\u2019s would be that Kaddafi, like Saddam, made a fatal mistake in giving up his nuclear program\u2015not exactly the right incentive to promote non-proliferation.<\/span><\/li>\n<li><span style=\"font-size: medium;\">That the United States and its (few real) allies were already stretched thin in wars in Iraq and Afghanistan, neither of which was going well, and that joining another war in Libya could only undermine those efforts.<\/span><\/li>\n<li><span style=\"font-size: medium;\">That Kaddafi\u2019s arsenal <a href=\"http:\/\/www.nytimes.com\/2011\/07\/15\/world\/africa\/15libya.html?ref=world\">included<\/a> up to 20,000 portable ground-to-air SA-7 missiles capable of wreaking havoc on Western civilian air traffic if they fell into the wrong hands (\u201cone of the things that keep me up at night,\u201d an assistant secretary of state <a href=\"http:\/\/www.nytimes.com\/2011\/03\/04\/world\/africa\/04weapons.html\">said<\/a>).<\/span><\/li>\n<li><span style=\"font-size: medium;\">That the war would likely have to be waged without congressional approval\u2015contrary to the <a href=\"..\/..\/..\/..\/..\/2011\/04\/the-cost-of-empty-words-a-comment-on-the-justice-departments-libya-opinion\/\">President\u2019s pledge<\/a> never to do such a thing.<\/span><\/li>\n<li><span style=\"font-size: medium;\">That Kaddafi could be ousted only by <a href=\"http:\/\/www.nytimes.com\/2011\/04\/26\/world\/africa\/26libya.html?_r=1&amp;hp=&amp;pagewanted=print\">transgressing<\/a> the limits imposed by the Security Council\u2015which permitted force only to protect civilians, as the Russians <a href=\"http:\/\/www.bloomberg.com\/news\/2011-04-19\/un-security-council-not-pushing-libya-regime-change-lavrov-says.html\">reminded<\/a> the Security Council\u2015and thus undermining \u201cR2P\u201d principles, which, as formulated by the Secretary General\u2019s High-Level Panel, <a href=\"http:\/\/www.un.org\/secureworld\/report2.pdf\">precluded humanitarian intervention by states<\/a> and coalitions (of the sort that had occurred in Kosovo).<\/span><\/li>\n<li><span style=\"font-size: medium;\">That any supposed \u201chand off\u201d of the war to NATO would be a transparent ruse, as <a href=\"http:\/\/www.nytimes.com\/2011\/06\/21\/world\/africa\/21powers.html?_r=1&amp;partner=rss&amp;emc=rss\">quickly became apparent<\/a> once NATO supposedly took over.<\/span><\/li>\n<li><span style=\"font-size: medium;\">That Libya\u2019s long-standing history of racism could generate violence toward blacks upon a rebel victory (<a href=\"http:\/\/m.guardian.co.uk\/commentisfree\/2011\/aug\/30\/libya-spectacular-revolution-disgraced-racism?cat=commentisfree&amp;type=article\">as it did<\/a>, with mass arrests of black men and dozens of gruesome killings by the rebels).<\/span><\/li>\n<li><span style=\"font-size: medium;\">That on top of such <em>knowns<\/em> there were also significant <em>un<\/em>knowns\u2015including the rebels\u2019 broader commitment to human rights (which has turned out to be <a href=\"http:\/\/www.hrw.org\/en\/news\/2011\/06\/05\/libya-opposition-arbitrarily-detaining-suspected-gaddafi-loyalists\">shaky<\/a>), their ability to get along in forming a pluralistic government in a country with <a href=\"http:\/\/www.cfr.org\/libya\/perils-libyan-nation-building\/p24609\">no public institutions<\/a> or tradition of democratic governance, and Kaddafi\u2019s supporters\u2019 ability to wage an Iraqi-style counter-insurgency campaign following formal defeat.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-size: medium;\">There was, of course, another side of the ledger, a set of potential benefits to be balanced. \u00a0At the time the decision to attack was made, it looked like a good thing to protect Libyan civilians in the face of Kaddafi\u2019s threats; a good thing to get on the right side of the Arab spring and make up lost ground after vacillation in Tunisia, Bahrain, and Egypt; and a good thing, all things considered, to be rid of Kaddafi.\u00a0 Still\u2026.Kaddafi\u2019s threats, relied upon by the White House as the <em>casus belli,<\/em> appear to have been <a href=\"http:\/\/tinyurl.com\/6ykdqg9\">directed<\/a> at those who had taken up arms against him, not at civilian residents of Benghazi.\u00a0 It\u2019s possible, moreover, that Kaddafi\u2019s threats were just that\u2015threats\u2015that he had no intention of carrying out; Kaddafi, as Western leaders have had no hesitancy to point out, has proven to be a congenital liar.\u00a0 (His <a href=\"http:\/\/www.lemonde.fr\/libye\/article\/2011\/08\/23\/libye-la-guerre-de-nicolas-sarkozy_1562377_1496980.html\">broken promise<\/a> to Nicolas Sarkozy to buy Rafale jets\u2015reportedly made in 2007 after Sarkozy permitted Kaddafi to pitch his tent on the grounds of the Elysee Palace and extend his Paris visit\u2015might not have been entirely forgotten when Sarkozy took the lead in ousting him.) \u00a0\u00a0Whether United States participation in the bombing has in fact helped recover face lost on the Arab street through earlier diplomatic dithering remains to be seen; there is, among other things, the little matter of Syria that might not be irrelevant to Arab thinking about how pure Western humanitarianism really is.\u00a0 And while it will be good to have Kaddafi gone, it\u2019s also good to have Saddam gone\u2015which hardly makes the play worth the candle.<\/span><\/p>\n<p><span style=\"font-size: medium;\">Success is the standard by which the wisdom of a policy is popularly judged.\u00a0 But a happy outcome is the wrong test.\u00a0 The right test is whether, <em>at the time the policy was commenced<\/em>, the likely benefits outweighed likely costs and risks in light of what policy-makers knew and should have known.\u00a0 Whatever the ultimate outcome of the Libyan adventure, the financial, institutional, credibility, humanitarian, and strategic costs and risks that were incurred at the time the war against Libya was started far outweighed the potential benefits.\u00a0 Whether the war turns out to have \u201dworked,\u201d in historical perspective, will be irrelevant. History occasionally makes some gamblers lucky.\u00a0 But history never turns a bad bet into a good one.\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The happy outcome of Kaddafi\u2019s removal does not make the Libyan project a sensible enterprise for the United States and its allies to have undertaken\u2015let alone a model for future interventions.<\/p>\n","protected":false},"author":12,"featured_media":2623,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center 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