What Is John Bolton’s Bully-Pulpit Attack on the International Criminal Court Really About?

Fatou Bensouda, asked the court’s judges to authorize an investigation of possible war crimes and crimes against humanity committed in Afghanistan since 2003, including allegations of torture by members of the U.S. military and agents of the Central Intelligence Agency. Bolton, who was at the time a fellow at the American Enterprise Institute, responded immediately with an op-ed in the Wall Street Journal: “The Trump administration should not respond to Ms. Bensouda in any way that acknowledges the ICC’s legitimacy. Even merely contesting its jurisdiction risks drawing the U.S. deeper into the quicksand.”

.. “Any day now,” Bolton said in his speech, “the I.C.C. may announce the start of a formal investigation against these American patriots, who voluntarily signed on to go into harm’s way to protect our nation, our homes, and our families in the wake of the 9/11 attacks. . . . An utterly unfounded, unjustifiable investigation.”

..  the I.C.C. showed no intention of going after Americans, and, in Bush’s second term, when Bolton was serving as the Ambassador to the U.N., U.S. officials began to see that the court could serve as a useful instrument in pursuing their own interests, and began to offer it support and coöperation accordingly, ultimately stepping aside—over Bolton’s objection—to allow its investigation of war crimes in Darfur.

.. His telling of the I.C.C. backstory left off in 2002, with a note of regret that he had been unable to convince “every nation in the world” to pledge to protect Americans from the court, and also with a dig at holdouts in the European Union, where, he said, “the global-governance dogma is strong.”

..  he said that his “worst predictions” about the I.C.C. had been confirmed and decried what he claimed to be its supporters’ “unspoken but powerful agenda”: to “intimidate U.S. decision-makers, and others in democratic societies,” and thereby to “constrain” them.

.. The I.C.C., from its inception, has been impossibly compromised by the simple, definitive fact that many of the world’s most lawless countries, along with some of its most powerful—including the U.S., Russia, and China, the majority of permanent members of the U.N. Security Council—reject its jurisdiction. After sixteen years with no major triumphs and several major failures to its name, it would be easier to make the case for it if there were reason to believe that it could yet become the court of last resort for all comers that it is supposed to be, rather than what it is: a politically captive institution that reinforces the separate and unequal structures of the world.
.. simultaneously exaggerating the power of the I.C.C. as an ominous global colossus and belittling it as a puny, contemptible farce. The only historically proven deterrent to “the hard men of history,” he declared, is “what Franklin Roosevelt once called ‘the righteous might’ of the United States.”
.. it is tempting to think that he was deployed to deflect attention from the White House chaos, while his boss spent the day issuing uncharacteristically Presidential tweets about the hurricane bearing down on the Carolinas.
.. The President and the nation cannot be held to account or supervised, so the prosecutor has to be. The President and the nation cannot be criminals, so the prosecutor must be.

I Can Tolerate Anything Except the Outgroup

Later, it comes out that the beloved nobleman did not in fact kill his good-for-nothing brother. The good-for-nothing brother killed the beloved nobleman (and stole his identity). Now the townspeople want to see him lynched or burned alive, and it is only the priest who – consistently – offers a measured forgiveness conditional on penance and self-reflection.

The priest tells them:

It seems to me that you only pardon the sins that you don’t really think sinful. You only forgive criminals when they commit what you don’t regard as crimes, but rather as conventions. You forgive a conventional duel just as you forgive a conventional divorce. You forgive because there isn’t anything to be forgiven.

.. He further notes that this is why the townspeople can self-righteously consider themselves more compassionate and forgiving than he is. Actual forgiveness, the kind the priest needs to cultivate to forgive evildoers, is really really hard. The fake forgiveness the townspeople use to forgive the people they like is really easy, so they get to boast not only of their forgiving nature, but of how much nicer they are than those mean old priests who find forgiveness difficult and want penance along with it.

.. There are a lot of people who say “I forgive you” when they mean “No harm done”, and a lot of people who say “That was unforgiveable” when they mean “That was genuinely really bad”.

.. But since forgiveness is generally considered a virtue, and one that many want credit for having, I think it’s fair to say you only earn the right to call yourself ‘forgiving’ if you forgive things that genuinely hurt you.

.. To borrow Chesterton’s example, if you think divorce is a-ok, then you don’t get to “forgive” people their divorces, you merely ignore them.

..  “Master, I have been tolerant of innumerable gays, lesbians, bisexuals, asexuals, blacks, Hispanics, Asians, transgender people, and Jews. How many Virtue Points have I earned for my meritorious deeds?”

Bodhidharma answers: “None at all”.

The Emperor, somewhat put out, demands to know why.

Bodhidharma asks: “Well, what do you think of gay people?”

The Emperor answers: “What do you think I am, some kind of homophobic bigot? Of course I have nothing against gay people!”

And Bodhidharma answers: “Thus do you gain no merit by tolerating them!”

.. If I had to define “tolerance” it would be something like “respect and kindness toward members of an outgroup”.

.. We have a lot of people – like the Emperor – boasting of being able to tolerate everyone from every outgroup they can imagine, loving the outgroup, writing long paeans to how great the outgroup is, staying up at night fretting that somebody else might not like the outgroup enough.

This is really surprising. It’s a total reversal of everything we know about human psychology up to this point. No one did any genetic engineering. No one passed out weird glowing pills in the public schools. And yet suddenly we get an entire group of people who conspicuously promote and defend their outgroups, the outer the better.

..  Any theory of outgroupishness that naively assumes the Nazis’ natural outgroup is Japanese or Chinese people will be totally inadequate.

.. So what makes an outgroup? Proximity plus small differences.

.. If you want to know who someone in former Yugoslavia hates, don’t look at the Indonesians or the Zulus or the Tibetans or anyone else distant and exotic. Find the Yugoslavian ethnicity that lives closely intermingled with them and is most conspicuously similar to them, and chances are you’ll find the one who they have eight hundred years of seething hatred toward.

.. eight hundred years of the British committing genocide against the Irish and considering them literally subhuman turned into smiles and songs about shamrocks once the Irish started looking like useful cannon fodder for a larger fight.

.. outgroups may be the people who look exactly like you, and scary foreigner types can become the in-group on a moment’s notice when it seems convenient.

..  46% of Americans are creationists. Not just in the sense of believing God helped guide evolution. I mean they think evolution is a vile atheist lie and God created humans exactly as they exist right now. That’s half the country.

.. And I don’t have a single one of those people in my social circle.

.. About forty percent of Americans want to ban gay marriage. I think if I really stretch it, maybe ten of my top hundred fifty friends might fall into this group. This is less astronomically unlikely; the odds are a mere one to one hundred quintillion against.

.. there was a thread on Reddit asking – Redditors Against Gay Marriage, What Is Your Best Supporting Argument? A Reddit user who didn’t understand how anybody could be against gay marriage honestly wanted to know how other people who were against it justified their position. He figured he might as well ask one of the largest sites on the Internet, with an estimated user base in the tens of millions.

It soon became clear that nobody there was actually against gay marriage.

.. In a thread with 10,401 comments, a thread specifically asking for people against gay marriage, I was eventually able to find two people who came out and opposed it, way near the bottom. Their posts started with “I know I’m going to be downvoted to hell for this…”

.. Only one percent of LWers were normal everyday God-‘n-guns-but-not-George-III conservatives of the type that seem to make up about half of the United States.

.. similar to other elite universities, had a faculty and a student body that skewed about 90-10 liberal to conservative – and we can bet that, like LW, even those few token conservatives are Mitt Romney types rather than God-n’-guns types. I get my news from vox.com, an Official Liberal Approved Site. Even when I go out to eat, it turns out my favorite restaurant, California Pizza Kitchen, is the most liberal restaurant in the United States.

.. I have created an outrageously strong bubble, a 10^45 bubble. Conservatives are all around me, yet I am about as likely to have a serious encounter with one as I am a Tibetan lama.

(Less likely, actually. One time a Tibetan lama came to my college and gave a really nice presentation, but if a conservative tried that, people would protest and it would be canceled.)

.. One day I realized that entirely by accident I was fulfilling all the Jewish stereotypes.

I’m nerdy, over-educated, good with words, good with money, weird sense of humor, don’t get outside much, I like deli sandwiches. And I’m a psychiatrist, which is about the most stereotypically Jewish profession short of maybe stand-up comedian or rabbi.

I’m not very religious. And I don’t go to synagogue. But that’s stereotypically Jewish too!

.. The defining factors of Judaism – Torah-reading, synagogue-following, mother-having – are the tip of a giant iceberg. Jews sometimes identify as a “tribe”, and even if you don’t attend synagogue, you’re still a member of that tribe and people can still (in a statistical way) infer things about you by knowing your Jewish identity – like how likely they are to be psychiatrists.

.. The Red Tribe is most classically typified by conservative political beliefs, strong evangelical religious beliefs, creationism, opposing gay marriage, owning guns, eating steak, drinking Coca-Cola, driving SUVs, watching lots of TV, enjoying American football, getting conspicuously upset about terrorists and commies, marrying early, divorcing early, shouting “USA IS NUMBER ONE!!!”, and listening to country music.

.. The Blue Tribe is most classically typified by liberal political beliefs, vague agnosticism, supporting gay rights, thinking guns are barbaric, eating arugula, drinking fancy bottled water, driving Priuses, reading lots of books, being highly educated, mocking American football, feeling vaguely like they should like soccer but never really being able to get into it, getting conspicuously upset about sexists and bigots, marrying later, constantly pointing out how much more civilized European countries are than America, and listening to “everything except country”.

.. (There is a partly-formed attempt to spin off a Grey Tribe typified by libertarian political beliefs, Dawkins-style atheism, vague annoyance that the question of gay rights even comes up, eating paleo, drinking Soylent, calling in rides on Uber, reading lots of blogs, calling American football “sportsball”, getting conspicuously upset about the War on Drugs and the NSA, and listening to filk – but for our current purposes this is a distraction and they can safely be considered part of the Blue Tribe most of the time)

.. And I genuinely believed that day that I had found some unexpected good in people – that everyone I knew was so humane and compassionate that they were unable to rejoice even in the death of someone who hated them and everything they stood for.

.. Then a few years later, Margaret Thatcher died. And on my Facebook wall – made of these same “intelligent, reasoned, and thoughtful” people – the most common response was to quote some portion of the song “Ding Dong, The Witch Is Dead”.

.. You can talk all you want about Islamophobia, but my friend’s “intelligent, reasoned, and thoughtful people” – her name for the Blue Tribe – can’t get together enough energy to really hate Osama, let alone Muslims in general. We understand that what he did was bad, but it didn’t anger us personally. When he died, we were able to very rationally apply our better nature and our Far Mode beliefs about how it’s never right to be happy about anyone else’s death.

On the other hand, that same group absolutely loathed Thatcher. Most of us (though not all) can agree, if the question is posed explicitly, that Osama was a worse person than Thatcher. But in terms of actual gut feeling? Osama provokes a snap judgment of “flawed human being”, Thatcher a snap judgment of “scum”.

.. I started this essay by pointing out that, despite what geographical and cultural distance would suggest, the Nazis’ outgroup was not the vastly different Japanese, but the almost-identical German Jews.

And my hypothesis, stated plainly, is that if you’re part of the Blue Tribe, then your outgroup isn’t al-Qaeda, or Muslims, or blacks, or gays, or transpeople, or Jews, or atheists – it’s the Red Tribe.

.. One of the ways we know that racism is a giant all-encompassing social factor is the Implicit Association Test. Psychologists ask subjects to quickly identify whether words or photos are members of certain gerrymandered categories, like “either a white person’s face or a positive emotion” or “either a black person’s face and a negative emotion”.

.. If subjects have more trouble (as measured in latency time) connecting white people to negative things than they do white people to positive things, then they probably have subconscious positive associations with white people.

.. what the test famously found was that even white people who claimed to have no racist attitudes at all usually had positive associations with white people and negative associations with black people on the test.

.. there have been several studies where people sent out a bunch of identical resumes except sometimes with a black person’s photo and other times with a white person’s photo, and it was noticed that employers were much more likely to invite the fictional white candidates for interviews.

.. Once again, discrimination on the basis of party was much stronger than discrimination on the basis of race.

.. People have been studying “belief congruence theory” – the idea that differences in beliefs are more important than demographic factors in forming in-groups and outgroups – for decades.

.. people were more likely to accept friendships across racial lines than across beliefs

.. One of the best-known examples of racism is the “Guess Who’s Coming To Dinner” scenario where parents are scandalized about their child marrying someone of a different race. Pew has done some good work on this and found that only 23% of conservatives and 1% (!) of liberals admit they would be upset in this situation. But Pew also asked how parents would feel about their child marrying someone of a different political party. Now 30% of conservatives and 23% of liberals would get upset.

.. I’m not saying people of either party have it “worse” than black people, or that partyism is more of a problem than racism, or any of a number of stupid things along those lines which I am sure I will nevertheless be accused of believing. Racism is worse than partyism because the two parties are at least kind of balanced in numbers and in resources, whereas the brunt of an entire country’s racism falls on a few underprivileged people.

.. Every election cycle like clockwork, conservatives accuse liberals of not being sufficiently pro-America. And every election cycle like clockwork, liberals give extremely unconvincing denials of this.

.. My hunch – both the Red Tribe and the Blue Tribe, for whatever reason, identify “America” with the Red Tribe. Ask people for typically “American” things, and you end up with a very Red list of characteristics – guns, religion, barbecues, American football, NASCAR, cowboys, SUVs, unrestrained capitalism.

.. That means the Red Tribe feels intensely patriotic about “their” country, and the Blue Tribe feels like they’re living in fortified enclaves deep in hostile territory.

.. Here is a popular piece published on a major media site called America: A Big, Fat, Stupid Nation. Another: America: A Bunch Of Spoiled, Whiny Brats. Americans are ignorant, scientifically illiterate religious fanatics whose “patriotism” is actually just narcissism. You Will Be Shocked At How Ignorant Americans Are, and we should Blame The Childish, Ignorant American People.

Needless to say, every single one of these articles was written by an American and read almost entirely by Americans. Those Americans very likely enjoyed the articles very much and did not feel the least bit insulted.

.. But I think the situation with “white” is much the same as the situation with “American” – it can either mean what it says, or be a code word for the Red Tribe.

.. Imagine hearing that a liberal talk show host and comedian was so enraged by the actions of ISIS that he’d recorded and posted a video in which he shouts at them for ten minutes, cursing the “fanatical terrorists” and calling them “utter savages” with “savage values”.

If I heard that, I’d be kind of surprised. It doesn’t fit my model of what liberal talk show hosts do.

.. That fits my model perfectly. You wouldn’t celebrate Osama’s death, only Thatcher’s. And you wouldn’t call ISIS savages, only Fox News. Fox is the outgroup, ISIS is just some random people off in a desert. You hate the outgroup, you don’t hate random desert people.

.. Not only does Brand not feel much like hating ISIS, he has a strong incentive not to. That incentive is: the Red Tribe is known to hate ISIS loudly and conspicuously. Hating ISIS would signal Red Tribe membership, would be the equivalent of going into Crips territory with a big Bloods gang sign tattooed on your shoulder.

.. What would Russell Brand answer, if we asked him to justify his decision to be much angrier at Fox than ISIS?

He might say something like “Obviously Fox News is not literally worse than ISIS. But here I am, talking to my audience, who are mostly white British people and Americans. These people already know that ISIS is bad; they don’t need to be told that any further. In fact, at this point being angry about how bad ISIS is, is less likely to genuinely change someone’s mind about ISIS, and more likely to promote Islamophobia. The sort of people in my audience are at zero risk of becoming ISIS supporters, but at a very real risk of Islamophobia. So ranting against ISIS would be counterproductive and dangerous.

.. So here’s somewhere I have a genuine chance to reach people at risk and change minds. Therefore, I think my decision to rant against Fox News, and maybe hyperbolically say they were ‘worse than ISIS’ is justified under the circumstances.”

.. But my sympathy with Brand ends when he acts like his audience is likely to be fans of Fox News.

.. In a world where a negligible number of Redditors oppose gay marriage and 1% of Less Wrongers identify conservative and I know 0/150 creationists, how many of the people who visit the YouTube channel of a well-known liberal activist with a Che-inspired banner, a channel whose episode names are things like “War: What Is It Good For?” and “Sarah Silverman Talks Feminism” – how many of them do you think are big Fox News fans?

.. If he attacked ISIS, his viewers would just be a little confused and uncomfortable. Whereas every moment he’s attacking Fox his viewers are like “HA HA! YEAH! GET ‘EM! SHOW THOSE IGNORANT BIGOTS IN THE OUTGROUP WHO’S BOSS!”

.. Brand acts as if there are just these countries called “Britain” and “America” who are receiving his material. Wrong. There are two parallel universes, and he’s only broadcasting to one of them.

.. Think of Brendan Eich as a member of a tiny religious minority surrounded by people who hate that minority. Suddenly firing him doesn’t seem very noble.

.. If you mix together Podunk, Texas and Mosul, Iraq, you can prove that Muslims are scary and very powerful people who are executing Christians all the time – and so we have a great excuse for kicking the one remaining Muslim family, random people who never hurt anyone, out of town.

.. When a friend of mine heard Eich got fired, she didn’t see anything wrong with it. “I can tolerate anything except intolerance,” she said.

“Intolerance” is starting to look like another one of those words like “white” and “American”.

“I can tolerate anything except the outgroup.” Doesn’t sound quite so noble now, does it?

.. The outgroup of the Red Tribe is occasionally blacks and gays and Muslims, more often the Blue Tribe.

.. The Blue Tribe has performed some kind of very impressive act of alchemy, and transmuted all of its outgroup hatred to the Red Tribe.

.. Even the Nazis, not known for their ethnic tolerance, were able to get all buddy-buddy with the Japanese when they had a common cause.

.. Research suggests Blue Tribe / Red Tribe prejudice to be much stronger than better-known types of prejudice like racism. Once the Blue Tribe was able to enlist the blacks and gays and Muslims in their ranks, they became allies of convenience who deserve to be rehabilitated with mildly condescending paeans to their virtue. “There never was a coward where the shamrock grows.”

.. Spending your entire life insulting the other tribe and talking about how terrible they are makes you look, well, tribalistic. It is definitely not high class. So when members of the Blue Tribe decide to dedicate their entire life to yelling about how terrible the Red Tribe is, they make sure that instead of saying “the Red Tribe”, they say “America”, or “white people”, or “straight white men”. That way it’s humble self-criticism. They are so interested in justice that they are willing to critique their own beloved side, much as it pains them to do so.

.. every Blue Tribe institution is permanently licensed to take whatever emergency measures are necessary against the Red Tribe, however disturbing they might otherwise seem.

.. I had fun writing this article. People do not have fun writing articles savagely criticizing their in-group. People can criticize their in-group, it’s not humanly impossible, but it takes nerves of steel, it makes your blood boil, you should sweat blood. It shouldn’t be fun.

.. I imagine might I feel like some liberal US Muslim leader, when he goes on the O’Reilly Show, and O’Reilly ambushes him and demands to know why he and other American Muslims haven’t condemned beheadings by ISIS more, demands that he criticize them right there on live TV. And you can see the wheels in the Muslim leader’s head turning, thinking something like “Okay, obviously beheadings are terrible and I hate them as much as anyone. But you don’t care even the slightest bit about the victims of beheadings. You’re just looking for a way to score points against me so you can embarass all Muslims. And I would rather personally behead every single person in the world than give a smug bigot like you a single microgram more stupid self-satisfaction than you’ve already got.”

.. But if I want Self-Criticism Virtue Points, criticizing the Grey Tribe is the only honest way to get them. And if I want Tolerance Points, my own personal cross to bear right now is tolerating the Blue Tribe.

..  And when they are good people, they are powerful and necessary crusaders against the evils of the world.

 

How Nations Recover

I’ve been especially interested in the way Britain revived itself between 1820 and 1848. Its comeback has some humbling lessons for us today.

Britain was roiled by economic and demographic changes. There were financial crises, bad harvests and a severe depression. There was crushing inequality. The average life expectancy nationwide was 40, but in the industrial cities of Manchester and Liverpool it was around 28.

.. The Chartists cohered around The People’s Charter, which had six demandsincluding universal male suffrage, vote by ballot and equal electoral districts. In 1842, the Chartists presented a petition to Parliament with three million signatures.

.. Finally, there was the Anti-Corn Law League. This was the best organized and best funded pressure group in 19th-century Britain. It promoted free-trade legislation to reduce the power of the landed gentry, to make food cheaper for the working classes and to encourage international exchange and cooperation.

..  Britain was blessed by a stable parliamentary system and by a legislative culture that valued deliberation and debate. Political leaders in both parties understood that the winds of change were blowing and they had better initiate reforms if they wanted to head off a revolution.

When We Say ‘Conservative,’ We Mean . . .

One of the problems with the term “conservative” is that unlike, say “socialist” or even “progressive,” it can mean wildly different things in different cultures. Samuel Huntington made this point in his brilliant 1957 essay “Conservatism as an Ideology.” A conservative in America wants to conserve radically different things than a conservative in Saudi Arabia, Russia, or France does. Even British conservatives — our closest ideological cousins — want to preserve the monarchy, an institution we fought a revolution to get rid of. In the Soviet Union, the “conservatives” were the ones who wanted to preserve and defend the Bolshevik Revolution.

..The American Founding, warts and all, was the apotheosis of classical liberalism, and conservatism here has always been about preserving it. That’s why Friedrich Hayek, in his fantastic — and fantastically misunderstood — essay “Why I am Not a Conservative” could say that America was the one polity where one could be a conservative and a defender of the liberal tradition.

.. The American Founding, warts and all, was the apotheosis of classical liberalism, and conservatism here has always been about preserving it. That’s why Friedrich Hayek, in his fantastic — and fantastically misunderstood — essay “Why I am Not a Conservative” could say that America was the one polity where one could be a conservative and a defender of the liberal tradition.

..it’s a contradictory thing, a bundle of principles married to a prudential and humble appreciation of the complexity of life and the sanctity of successful human institutions.

.. meditations on conservatism from my friend Yuval Levin: To my mind, conservatism is gratitude. Conservatives tend to begin from gratitude for what is good and what works in our society and then strive to build on it, while liberals tend to begin from outrage at what is bad and broken and seek to uproot it.

.. meditations on conservatism from my friend Yuval Levin:

To my mind, conservatism is gratitude. Conservatives tend to begin from gratitude for what is good and what works in our society and then strive to build on it, while liberals tend to begin from outrage at what is bad and broken and seek to uproot it.

.. Even more remarkable is how the mantra of “what works” is almost always a license to empower the “sophisters, calculators, and economists who would reconstruct society upon abstract designs.”

.. . To be patriotic, one must love one’s country for what it is, not what it can be if only the right people are put in charge and allowed to “fundamentally transform” it.

..Man is flawed. This world is imperfect. Youth is fleeting. Life isn’t fair. Conservatives are comfortable acknowledging all of these things.

.. conservatives embrace change more passionately and eagerly than liberals ever do in the realm of life that most directly touches the most people: the market. The free market is constantly transforming society in profound ways.

.. And who stands athwart history yelling “Stop” at this unceasing tide of change? The Left. The entire left-wing economic agenda is geared towards slowing or stopping economic change. Just look at their opposition to free trade, Uber, GMOs, fracking, and now driverless cars.

.. Conservatives are for the most part comfortable with material inequalities — so long as the system that produces them is fair and open — because we understand that’s how life works. Indeed, it’s how life should work. If you put in the work, if you have the great idea, you should do better than someone who doesn’t. We’re comfortable with this contradiction.

.. “No political philosopher has ever described a conservative utopia,” Samuel Huntington writes. That’s because there is no such thing as a conservative utopia — because there’s no such thing as a utopia