Course Correction

Dealing with dictators cost the U.S. its soul. Now it's time to atone.

The gripping story of the quest to bring former Chadian dictator Hissène Habré to justice that appears in this issue of Foreign Policy is deeply resonant for several reasons. In the first instance, it underscores the urgent necessity that our system of international law not allow heads of state to violate the fundamental rights of their citizens or their neighbors with impunity. But the story should also be profoundly troubling to Americans because it reminds us that a consistently amoral U.S. foreign policy had made this necessity all the more difficult to address.

Supporting Habré with arms, enabling him to gain and maintain the power he then used to kill, torture, and imprison his people, is not the kind of aberration one wishes it was for the United States.

Indeed, much of contemporary American foreign policy seems to be devoted to undoing the excesses, missteps, and errors of the 20th century (and, for that matter, those of the first years of this century). In the past 50 years, in South Africa, Rwanda, Laos, Indonesia, the Philippines, Iraq, Iran, Pakistan, Uzbekistan, Turkmenistan, Chile, El Salvador, Brazil, Panama, and Argentina -- to name but a few cases that quickly come to mind -- the United States supported repressive regimes that violated basic human rights. Today, the change with regard to where America stands on Habré is not unlike other recent or looming about-faces that are currently shaping U.S. foreign policy.

For example, whatever you may feel about the merits of the Obama administration's efforts to strike a deal with Iran on nuclear weapons -- and personally, I think it is a necessary and timely step -- U.S. foreign policy over the past several years represents a turn away from an anti-Iran stance that had been one of the key tenets of U.S. Middle East policy since 1979 and had involved supporting bad guys who similarly opposed Tehran. Indeed, possibly more striking than the nuclear deal is America's recent, willing acceptance of an Iraqi leader who is sympathetic to Tehran, a stunning contrast to anti-Iranian feelings once so strong that, during the 1980s, the United States provided Saddam Hussein's government with intelligence that it used to target Iranian positions with chemical weapons. This was as dark a policy choice as any involving Habré, and the recent semi-thaw between the United States and Iran (despite our continuing opposition to many of Tehran's policies) has some of our allies wondering if a jarring shift is afoot.

America's change of position with regard to Hosni Mubarak's regime in Egypt was, of course, another of the long-overdue course corrections the United States has made away from a morally compromised alliance. But the example of Egypt does something else, too: It reminds us that the United States entered into such alliances out of convenience and expediency, to advance or preserve U.S. interests at a seemingly low cost. The United States would give a little aid, a little political cover, sometimes weapons -- and then look the other way. These were cases of geostrategic Hamburger Helper, extending America's reach and influence for less money than it would have taken to project force or even bigger aid resources into the region, efforts that could have been associated with seeking out more palatable partners (or putting them in place).

The biggest cost in the end was the nation's soul. A cynic might observe that nations don't have souls, and an atheist might suggest that no one does. But of course, nations, like people, have characters and reputations associated with those characters. Leadership and influence derive from both. That's not to say that many great immoral and amoral powers have not had disproportionate influence. Rather, it is to say that being seen as hypocritical or serially insensitive to international law or basic human values does not enhance any country's standing. This is only made more the case when a country hails itself as the world's great beacon of hope, democracy, and respect for law as the United States does.

There is a reason that nations like the United States have behaved in this appalling, dangerous, often despicable way. It is because they can -- because they have the ability to choose what they view as the comparatively low cost of collaborating with and enabling despots and mass criminals. ("Realists" among you readers have already shrugged off this critique by saying that's the way the game is played -- we have to do what works for us and not get too caught up worrying about "nice-to-have" attributes like values.)

The United States is seeking to atone for past sins today, not only through policy changes, but also by supporting the prosecution of former dictators like Habré. Still, the country has not embraced all that is needed for international justice: The United States and some of its allies have resisted calls to accept the jurisdiction of human rights treaties and institutions like the International Criminal Court, fearing that their leaders might one day find themselves arrested by an unsympathetic government on a visit overseas and prosecuted for alleged war crimes or crimes against humanity.

If 800,000 Iraqis died in an illegal war waged by the United States, how much culpability do the U.S. leaders who chose to launch the conflict have? In an era of kill lists and drone strikes, of civilian deaths in Afghanistan and Pakistan, it is understandable why an international legal position holding America accountable might make U.S. officials nervous. (Imagine how much more nervous they might be if international leaders could also be brought before the bar in a foreign country or at a world tribunal for violating rights of privacy or perpetrating other crimes that do not rise to the level of the most heinous attacks on human rights.)

The U.S. resistance to being a full participant in the international justice system is why, as heartening as it would be to keep a monster like Habré in jail where he belongs, doing so is nowhere near enough. Until leaders and other decision-makers who collaborate with the likes of Habré are also found liable and brought to justice, we will not see the end of the abuses that the world's worst rulers inflict on the innocent. Specifically, until the top, white-collar officials of rich countries see it as too personally risky to tolerate the intolerable, too dangerous to cut corners and let bad men handle the dirty work of the world's danger zones, the periodic prosecution of men like Habré will be for little more than effect.

No doubt there will be a reflexive assertion of sovereign protections and a reiteration of the old saw that to allow state leaders to be prosecuted will invite political and ideological abuse of the international justice system by rival countries. But a fair system should filter out and ultimately reject prosecutions with such motives (as must be done within countries as well), and we have already seen the toll that results from the absence of such enforcement of the law.

Sovereignty, like religion and patriotism, is a concept that has become sacrosanct at least as much because of the protections it affords the guilty, the greedy, and the ambitious as for whatever merits may underpin it. Just as constitutional reform is required within countries to hold in check the power of those who govern on behalf of the governed, so too do we need reform in international law. It is hard to imagine any era other than the 20th century that could send the message better that sovereign immunities must be strictly limited and constantly questioned -- except, of course, every century since the concept of sovereignty first emerged.

We need better protections against those we have empowered to protect us -- or who have arrogated that right to themselves. That means, in the end, ensuring that all who commit crimes must answer for them. Not just the bad men of the underdeveloped world, but also, and especially, the rich and super-empowered who support them at arm's length and who even allow themselves later the privilege of seeking to purge themselves of guilt with neat, if overdue, policy reversals.

Photos, left to right: Courtesy of the Reagan Library; Paul J. Richards/AFP/Getty Images

David Rothkopf

The 2013 Top Ten List of Gifts (and Lumps of Coal) for World Leaders

Who was naughty, who was nice, and who isn't going to get what they want for Christmas this year.

It's Christmas time. It's that time of the year when Christians the world over stop to commemorate the birth of Jesus on a day on which he was almost certainly not born with rituals heavily drawn from Northern European paganism featuring a major role played by a Fourth Century Turkish bishop named Nicholas who over time has evolved into the patron saint of big seasonal discounts and deteriorating credit ratings. 

While it is an occasion almost a third of the planet finds rich with spiritual meaning, the other seven-tenths go along with it because, well, it's fun, and there's colorful lighting, fruitcakes, wrapping paper, catchy tunes, and it offers a distraction from the endless seasonal repeats of Love Actually

Even world leaders enjoy the Christmas season. Especially when their Secret Santa is kind to them and fills their stockings with just what they were wishing for. 

Thanks to a little help from Edward Snowden and his friends at the NSA, we have received a glimpse into just what that has meant for some of our favorite statesmen, dictators, strongmen, bad guys, and other foreign policy headliners.   

For example, for North Korea's Kim Jong Un, nothing says "family" like Christmas season. It is the time of year when you can get together with uncles, aunts, their henchmen, and have them put to death. Of course, that kind of thing can severely limit the number of relatives who actually want to come by and celebrate the holidays. Which can make even brutal dictators lonely. (That's what happened to his father. See the best documentary ever produced about his life, Team America World Police for the musical proof of this point.) That's why Kim is hoping his Secret Santa fills the hole in his heart (left by the holes he left in the heart of his late uncle Jang Song Thaek) with a new uncle who'll prove more durable and less threatening. Among the possible choices he was hoping would be considered were Uncle Jesse, Uncle Ben, Uncle Kracker, the Man from U.N.C.L.E., and Uncle Miltie. But Santa knows what's best. Which is precisely why if Kim keeps up his erratic, dangerous behavior, the replacement relative he is going to have to deal with is the one he can't seem to make go away, Uncle Sam.   

Elsewhere in Asia, North Korea's sometime protectors, frustrated with the rogue elf of Pyongyang, are likely to be doubly cranky with the little guy because this does not look to be a good Christmas for them. That's because too many of the leaders in Beijing and China's provinces are discovering that it really is better to give than to receive ... especially if what you have been receiving are non-holiday gifts, bribes, payoffs, and those other under-the-table payments on which President Xi Jinping is at least starting to crack down. The best they can hope for from their Secret Santas is that their boss continues to look the other way for a little bit longer.

Vladimir Putin has been so afraid that Santa was going to put him on the naughty list and that all he would get in his stocking was coal and a lousy turn out for the upcoming Sochi Olympics that he has turned over a new leaf. He released his former political rival, Mikhail Khodorkovsky, and days later let go the jailed punk protest band members of Pussy Riot. His secret hope, of course, is that if this change of heart lands him in Santa's better graces that maybe the old guy will throw in a little something extra ... like, say, Ukraine and who knows, maybe, if he's feeling generous, a Nobel Prize, for helping engineer an end to chemical weapons in Syria and a deal with Iran. (After all, Barack Obama got one for just taking the oath of office.)

Another last-ditch attempt to get on Santa's good side was made by Qassim al-Raimi, the head of al Qaeda in the Arabian Peninsula. The terrorist broke with al Qaeda's long-standing corporate culture of being merciless murderers of innocents to offer an actual apology for "accidentally" attacking a hospital in Yemen. Asserting the attack was in error and offering to pay "blood money" to the families of the victims, al-Raimi asserted the attack was "not of our religion or our morals." Given that al Qaeda's record elsewhere suggests that this is actually exactly what they're all about, our sources at the North Pole suggest that this year al-Raimi should not bother leaving out cookies and warm milk by his fireplace. That sound he hears whooshing over head is not reindeers or a sled, it is a Predator drone, and the only thing coming down his chimney is likely to be a Hellfire missile.

Elsewhere in the Middle East, for President Hassan Rouhani of Iran, Santa seems to have already prepared a gift. While Israel's Bibi Netanyahu has asserted this is not Santa's work but rather President Barack Obama who took the aforementioned holiday maxim that it is better to give than to receive too far, Santa seems to have adopted the view that a successful Iran nuclear deal is gift for Israel and for the region. Not to mention for Iran and the P5+1 negotiators who many believe are sincerely committed to making it happen.

But Santa is being doubly nice to Bibi, who does after all presides over the land that gave us Christmas in the first place, by offering him the gift of a possible peace with his Palestinian neighbors. As for the man who presides over the country that gave us St. Nicholas, Turkey's Prime Minister Recep Erdogan, he is actually being offered a choice this Christmas. It seems he can choose between gifts: He can either appreciate the gift that street protests and corruption scandals actually offer -- the message that the time for change is now, or he can opt for the alternative that ignoring them must bring -- the likelihood of early retirement.

Erdogan's one-time best bud, U.S. President Barack Obama, is already guaranteed to receive the gift he wants the most: an end to 2013, a year he is already trying to forget. But as a special bonus, he has a recovering U.S. economy likely to help make 2014 much better for him and his country, because nothing helps heal political wounds in the capital of holiday commercialism like the Christmasiest sound of all: ringing cash registers. (This probably won't be quite enough to motivate Obama to forgive Snowden and give him the gift he wants the most -- immunity from prosecution but in all likelihood, Santa, that civil libertarian, will give the world's most famous ex-NSA contractor the next best thing, a visa to some place nice and warm in Latin America ... just in time for the World Cup.)

Some have wondered that if Santa distinguishes so carefully between the naughty and the nice, whether those who were nicest in the past year might be entitled to something special. When they discovered that Pope Francis had, consistent with his simple lifestyle, requested and received nothing at all, they were confused. That is until they realized that in keeping with the true spirit of the season, the warm-hearted, tolerant Pontiff was not to be a recipient but rather, for a billion Catholics who until recently had been worried about the myriad trials facing their ancient church, he was actually the gift.

Of course, with so many leaders out there deserving so much, perhaps you have some other ideas about the gifts they deserve the most. Please don't hesitate to pass them along. We'll make sure they get right to Santa ... or to his helpers who can help make your Christmas wishes come true.

Photo by Alex Wong/Getty Images