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The bugger, bugged

After a chance meeting with a former News of the World executive who told him his phone had been hacked, Hugh Grant couldn’t resist going back to him – with a hidden tape recorder – to find out if there was more to the story. . .

When I broke down in my midlife crisis car in remotest Kent just before Christmas, a battered white van pulled up on the far carriageway. To help, I thought. But when the driver got out he started taking pictures with a long-lens camera. He came closer to get better shots and I swore at him. Then he offered me a lift the last few miles to my destination. I suspected his motives and swore at him some more. (I'm not entirely sympathetic towards paparazzi.) Then I realised I couldn't get a taxi and was late. So I had to accept the lift.

He turned out to be an ex-News of the World investigative journalist and paparazzo, now running a pub in Dover. He still kept his camera in the car's glove box for just this kind of happy accident.

More than that, he was Paul McMullan, one of two ex-NoW hacks who had blown the whistle (in the Guardian and on Channel 4's Dispatches) on the full extent of phone-hacking at the paper, particularly under its former editor Andy Coulson. This was interesting, as I had been a victim - a fact he confirmed as we drove along. He also had an unusual defence of the practice: that phone-hacking was a price you had to pay for living in a free society. I asked how that worked exactly, but we ran out of time, and next thing we had arrived and he was asking me if I would pose for a photo with him, "not for publication, just for the wall of the pub".

I agreed and the picture duly appeared in the Mail on Sunday that weekend with his creative version of the encounter. He had asked me to drop into his pub some time. So when, some months later, Jemima asked me to write a piece for this paper, it occurred to me it might be interesting to take him up on his invitation.

I wanted to hear more about phone-hacking and the whole business of tabloid journalism. It occurred to me just to interview him straight, as he has, after all, been a whistleblower. But then I thought I might possibly get more, and it might be more fun, if I secretly taped him, The bugger bugged, as it were. Here are some excerpts from our conversation.

Me So, how's the whistleblowing going?
Him I'm trying to get a book published. I sent it off to a publisher who immediately accepted it and then it got legal and they said, "This is never going to get published."
Me Why? Because it accuses too many people of crime?
Him Yes, as I said to the parliamentary commission, Coulson knew all about it and regularly ordered it . . . He [Coulson] rose quickly to the top; he wanted to cover his tracks all the time. So he wouldn't just write a story about a celeb who'd done something. He'd want to make sure they could never sue, so he wanted us to hear the celeb like you on tape saying, "Hello, darling, we had lovely sex last night." So that's on tape - OK, we've got that and so we can publish . . . Historically, the way it went was, in the early days of mobiles, we all had analogue mobiles and that was an absolute joy. You know, you just . . . sat outside Buckingham Palace with a £59 scanner you bought at Argos and get Prince Charles and everything he said.
Me Is that how the Squidgy tapes [of Diana's phone conversations] came out? Which was put down to radio hams, but was in fact . . .
Him Paps in the back of a van, yes . . . I mean, politicians were dropping like flies in the Nineties because it was so easy to get stuff on them. And, obviously, less easy to justify is celebrities. But yes.
Me And . . . it wasn't just the News of the World. It was , you know - the Mail?
Him Oh absolutely, yeah. When I went freelance in 2004 the biggest payers - you'd have thought it would be the NoW, but actually it was the Daily Mail. If I take a good picture, the first person I go to is - such as in your case - the Mail on Sunday. Did you see that story? The picture of you, breaking down . . . I ought to thank you for that. I got £3,000. Whooo!
Me But would they [the Mail] buy a phone-hacked story?
Him For about four or five years they've absolutely been cleaner than clean. And before that they weren't. They were as dirty as anyone . . . They had the most money.
Me So everyone knew? I mean, would Rebekah Wade have known all this stuff was going on?
Him Good question. You're not taping, are you?
Me [slightly shrill voice] No.
Him Well, yeah. Clearly she . . . took over the job of [a journalist] who had a scanner who was trying to sell it to members of his own department. But it wasn't a big crime. [NB: Rebekah Brooks has always denied any knowledge of phone-hacking. The current police investigation is into events that took place after her editorship of the News of the World.]
It started off as fun - you know, it wasn't against the law, so why wouldn't you? And it was only because the MPs who were fiddling their expenses and being generally corrupt kept getting caught so much they changed the law in 2001 to make it illegal to buy and sell a digital scanner. So all we were left with was - you know - finding a blag to get your mobile [records] out of someone at Vodafone. Or, when someone's got it, other people swap things for it.
Me So they all knew? Wade probably knew all about it all?
Him [...] Cameron must have known - that's the bigger scandal. He had to jump into bed with Murdoch as everyone had, starting with Thatcher in the Seventies . . . Tony Blair . . . [tape is hard to hear here] Maggie openly courted Murdoch, saying, you know, "Please support me." So when Cameron, when it came his turn to go to Murdoch via Rebekah Wade . . . Cameron went horse riding regularly with Rebekah. I know, because as well as doorstepping celebrities, I've also doorstepped my ex-boss by hiding in the bushes, waiting for her to come past with Cameron on a horse . . . before the election to show that - you know - Murdoch was backing Cameron.
Me What happened to that story?
Him The Guardian paid for me to do it and I stepped in it and missed them, basically. They'd gone past - not as good as having a picture.
Me Do you think Murdoch knew about phone-hacking?
Him Errr, possibly not. He's a funny bloke given that he owns the Sun and the Screws . . . quite puritanical. Sorry to talk about Divine Brown, but when that came out . . . Murdoch was furious: "What are you putting that on our front page for? You're bringing down the tone of our papers." [Indicating himself] That's what we do over here.
Me Well, it's also because it was his film I was about to come out in.
Him Oh. I see.
Me Yeah. It was a Fox film.
[A pause here while we chat to other customers, and then - ]
Him So anyway, let me finish my story.
Me Murdoch, yes . . .
Him So I was sent to do a feature on Moulin Rouge! at Cannes, which was a great send anyway. Basically my brief was to see who Nicole Kidman was shagging - what she was doing, poking through her bins and get some stuff on her. So Murdoch's paying her five million quid to big up the French and at the same time paying me £5.50 to fuck her up . . . So all hail the master. We're just pawns in his game. How perverse is that?
Me Wow. You reckon he never knew about it?
Him [pause] I don't even think he really worried himself too much about it.
Me What's his son called?
Him James. They're all mates together. They all go horse riding. You've got Jeremy Clarkson lives here [in Oxfordshire]. Cameron lives here, and Rebekah Wade is married to Brooks's son [the former racehorse trainer Charlie Brooks]. Cameron gets dressed up as the Stig to go to Clarkson's 50th birthday party [NB: it was actually to record a video message for the party]. Is that demeaning for a prime minister? It should be the other way round, shouldn't it? So basically, Cameron is very much in debt to Rebekah Wade for helping him not quite win the election . . . So that was my submission to parliament - that Cameron's either a liar or an idiot.
Me But don't you think that all these prime ministers deliberately try to get the police to drag their feet about investigating the whole [phone-hacking] thing because they don't want to upset Murdoch?
Him Yeah. There's that . . . You also work a lot with policemen as well . . . One of the early stories was [and here he names a much-loved TV actress in her sixties] used to be a street walker - whether or not she was, but that's the tip.
Me and Chum MLTVA?!
Me I can't believe it. Oh no!
Chum Really??
Him Yeah. Well, not now . . .
Chum Oh, it'd be so much better if it was now.
Him So I asked a copper to get his hands on the phone files, but because it's only a caution it's not there any more. So that's the tip . . . it's a policeman ringing up a tabloid reporter and asking him for ten grand because this girl had been cautioned right at the start of his career. And then I ask another policemen to go and check the records . . . So that's happening regularly. So the police don't particularly want to investigate.
Me But do you think they're going to have to now?
Him I mean - 20 per cent of the Met has taken backhanders from tabloid hacks. So why would they want to open up that can of worms? . . . And what's wrong with that, anyway? It doesn't hurt anyone particularly. I mean, it could hurt someone's career - but isn't that the dance with the devil you have to play?
Me Well, I suppose the fact that they're dragging their feet while investigating a mass of phone-hacking - which is a crime - some people would think is a bit depressing about the police.
Him But then - should it be a crime? I mean, scanning never used to be a crime. Why should it be? You're transmitting your thoughts and your voice over the airwaves. How can you not expect someone to just stick up an aerial and listen in?
Me So if someone was on a landline and you had a way of tapping in . . .
Him Much harder to do.
Me But if you could, would you think that was illegal? Do you think that should be illegal?
Him I'd have to say quite possibly, yeah. I'd say that should be illegal.
Me But a mobile phone - a digital phone . . . you'd say it'd be all right to tap that?
Him I'm not sure about that. So we went from a point where anyone could listen in to anything. Like you, me, journalists could listen in to corrupt politicians, and this is why we have a reasonably fair society and a not particularly corrupt or criminal prime minister, whereas other countries have Gaddafi. Do you think it's right the only person with a decent digital scanner these days is the government? Whereas 20 years ago we all had a go? Are you comfortable that the only people who can listen in to you now are - is it MI5 or MI6?
Me I'd rather no one listened in, to be honest. And I might not be alone there. You probably wouldn't want people listening to your conversations.
Him I'm not interesting enough for anyone to want to listen in.
Me Ah . . . I think that was one of the questions asked last week at one of the parliamentary committees. They asked Yates [John Yates, acting deputy commissioner of the Metropolitan Police] if it was true that he thought that the NoW had been hacking the phones of friends and family of those girls who were murdered . . . the Soham murder and the Milly girl [Milly Dowler].
Him Yeah. Yeah. It's more than likely. Yeah . . . It was quite routine. Yeah - friends and family is something that's not as easy to justify as the other things.
Me But celebrities you would justify because they're rich?
Him Yeah. I mean, if you don't like it, you've just got to get off the stage. It'll do wonders.
Me So I should have given up acting?
Him If you live off your image, you can't really complain about someone . . .
Me I live off my acting. Which is different to living off your image.
Him Yeah, but you're still presenting yourself to the public. And if the public didn't know you -
Me They don't give a shit. I got arrested with a hooker and they still came to my films. They don't give a fuck about your public image. They just care about whether you're in an entertaining film or not.
Him That's true . . . I have terrible difficulty with him [points to pap shot of Johnny Depp]. He's really difficult. You know, I was in Venice and he was a nightmare to do because he walks around looking like Michael Jackson. And the punchline was . . . after leading everyone a merry dance the film was shot on an open balcony - I mean, it was like - he was standing there in public.
Me And you don't see the difference between the two situations?
Chum He was actually working at this time? As opposed to having his own private time?
Him You can't hide all the time.
Me So you're saying, if you're Johnny Depp or me, you don't deserve to have a private life?
Him You make so much more money. You know, most people in Dover take home about £200 and struggle.
Me So how much do you think the families of the Milly and Soham girls make?
Him OK, so there are examples that are poor and you can't justify - and that's clearly one of them.
Me I tell you the thing I still don't get - if you think it was all right to do all that stuff, why blow the whistle on it?
Him Errm . . . Right. That's interesting. I actually blew the whistle when a friend of mine at the Guardian kept hassling me for an interview. I said, "Well if you put the name of the Castle [his pub] on the front page of the Guardian, I'll do anything you like." So that's how it started.
Me So, have you been leant on by the NoW, News International, since you blew the whistle?
Him No, they've kept their distance. I mean, there's people who have much better records - my records are non-existent. There are people who actually have tapes and transcripts they did for Andy Coulson.
Me And where are these tapes and transcripts? Do you think they've been destroyed?
Him No, I'm sure they're saving them till they retire.
Me So did you personally ever listen to my voice messages?
Him No, I didn't personally ever listen to your voice messages. I did quite a lot of stories on you, though. You were a very good earner at times.

Those are the highlights. As I drove home past the white cliffs, I thought it was interesting - apart from the fact that Paul hates people like me, and I hate people like him, we got on quite well. And, absurdly, I felt a bit guilty for recording him.

And he does have a very nice pub. The Castle Inn, Dover, for the record. There are rooms available, too. He asked me if I'd like to sample the honeymoon suite some time: "I can guarantee your privacy."

-- Listen to the audio now --

This article first appeared in the 11 April 2011 issue of the New Statesman, Jemima Khan guest edit

MUSÉE BARGOIN, CLERMONT-FERRAND, FRANCE/BRIDGEMAN IMAGES
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Ending the new Thirty Years war

Why the real history of the Peace of Westphalia in 17th-century Europe offers a model for bringing stability to the Middle East.

A man hangs upside down in a fire. Others are stabbed to death or tortured; their womenfolk offer valuables to save their lives – or try to flee. Elsewhere, women are assaulted and violated. In another image the branches of a tree are weighed down with hanging bodies, and a religious symbol is proffered to a victim as the last thing he will see on Earth. The caption describes the hanged men as “unhappy fruit”.

This could be Syria today: but it is Europe, in the mid-17th century, at the height of the Thirty Years War. The artist who recorded these horrors was Jacques Callot, who saw the French army invade and occupy Lorraine in 1633. He was perhaps the closest thing his time had to a photojournalist.

The Thirty Years War, within which the occupation of Lorraine was just a short episode, has been cited as a parallel in new discussions of the Middle East by a range of foreign policy practitioners, including Henry Kissinger and the president of the US Council on Foreign Relations, Richard Haass, academics such as Martin van Creveld and journalists such as Andreas Whittam Smith. Like the original Thirty Years War, which was in fact a series of separate but interconnected struggles, recent conflict in the Middle East has included fighting in Israel, the occupied territories and Lebanon, the long and bloody Iran-Iraq War, the two Gulf wars, and now civil wars in Iraq and Syria. As with the Thirty Years War, events in Iraq and Syria have been marked by sectarian conflict and intervention by peripheral states (and still more distant countries) fighting proxy wars. Both the Thirty Years War and the present Middle Eastern conflicts have been hugely costly in human life. The Peace of Westphalia that ended the Thirty Years War in 1648 has also featured in comment of late, usually along with the observation that recent events have brought about the collapse, at least in parts of the Middle East, of ideas of state sovereignty that supposedly originated with Westphalia.

Yet that is a myth, a serious and perhaps fatal misunderstanding of the Westphalian treaties. The provisions of the treaties in fact set up a structure for the legal settlement of disputes both within and beyond the German statelets that had been the focus of the conflict, and for the intervention of guarantor powers outside Germany to uphold the peace settlement. And, as we shall see, the real history of Westphalia has much to tell us in the present about the resolution and prevention of complex conflicts.

 

***

 

Germany is the prosperous heart of the continent today, but in the early 17th century the “Holy Roman Empire of the German Nation” was the disaster zone of Europe. It was politically fragmented, with the various princes, bishops, towns and the emperor himself all vying for influence, greatly complicated by religious differences between Roman Catholics and followers of various forms of Protestantism. The empire lay at the centre of Europe and was thus the point at which the great-power interests of nearly all the main protagonists in the international system intersected: the French, the Habsburgs, the Swedes, the Ottomans and even the English regarded the area as vital to their security. So Germany both invited intervention by its neighbours and spewed out instability into Europe when the empire erupted in a religious war in 1618 that lasted three decades.

Domestically, the root of the Thirty Years War, just as with many Middle Eastern ­conflicts today, lay in religious intolerance. The security of subjects governed by rulers of the opposing religious camp was often at risk of their governments’ attempts to enforce doctrinal uniformity. With the creation of cross-border confessional communities, as well as antagonisms both within and between the territorial states, rulers became increasingly willing to intervene on behalf of co-religionist subjects of other princes – another parallel with the contemporary Middle East.

Initial attempts to solve these problems failed. After a series of wars following the Reformation, a religious peace was ­concluded at the imperial Diet of Augsburg in 1555. This was a milestone in the devel­opment of confessional cohabitation, because it embodied, for the first time, a recognition of the importance of creating a legal-political framework to manage religious coexistence. Although the treaty helped foster peace for many years, it was nevertheless deficient. First, the princes granted each other toleration only between themselves, not among subjects within their territories. The “Right of Reformation”, or ius reformandi, gave princes the power to impose their confession on their subjects: a form of religious compulsion later encapsulated in the phrase cuius regio, eius religio (“the religion of the prince is the religion of the territory”).

Rulers became increasingly willing to intervene on behalf of co-religionist subjects of other princes

This was a state-centred solution; it ignored the concerns of the princes’ subjects apart from guaranteeing their right to emigrate. Partly designed to undercut interventionist impulses by consigning confessional affairs to an inviolable domestic sphere, the treaty text stated: “No Estate [territory] should protect and shield another Estate or its subjects against their government in any way.” Second, the state-centred settlement was increasingly unsatisfactory for most Protestant states, as it had inbuilt structural advantages for the Catholic side. Calvinism was not recognised and remained officially a heresy. Furthermore, the Catholic princes began to rely on majority voting to sideline Protestants at decision-making assemblies such as the Reichstag or Diet, which in effect
was the German parliament. And the Catholic Church embarked on a major evangelising effort to reverse the effects of the Protestant Reformation through popular preaching – the Counter-Reformation, a prime mover for which was the Jesuit order. Taken together, these factors left Protestants feeling increasingly under pressure, and more radical Protestants were constantly trying to revise the settlement. The formation of hostile princely religious alliances – the Protestant Union in 1608 and the Catholic League in 1609 – was symptomatic of the general “war in sight” atmosphere characterising central Europe at the turn of the 17th century.

The resulting war was, just like the current Middle Eastern conflict, a set of interlocking political-religious struggles at local and regional levels. These provoked and enabled extensive external interference, which in turn exacerbated and prolonged the conflict. Non-state and sub-state actors played important roles in that epoch as they do now: corporate groupings of noble subjects (estates) and private military entrepreneurs; terrorist groups and aid organisations. The war began as an insurrection of the Bohemian nobility against their Habsburg rulers, and soon escalated into a much broader confessional conflict within the empire. But it also became a struggle between competing visions of the future political order in central Europe – a centralised imperial monarchy against a more federally organised, princely and estates-based constitution – which in turn folded into the long-standing Habsburg-Bourbon struggle for European supremacy.

The war was immensely destructive: arguably the greatest trauma in German history. It resulted in an overall loss of about 40 per cent of the population, which dropped from roughly 20 million to 12 million. The war was not merely quantitatively, but qualitatively, extreme. Such atrocities as the massacre and burning of Magdeburg in 1631, which killed over 20,000 people, resonate in the German popular imagination to this day. The war also caused its own refugee crisis. Cities such as Ulm hosted huge numbers relative to their pre-war population – 8,000 refugees taken in by 15,000 inhabitants in 1634, a situation comparable to the one faced by Lebanon today, where one in four people is a Syrian refugee. The resulting shifts in the religious balance often sparked unrest in previously quiet areas, a phenomenon we are beginning to see in the Middle East as well. In those days no one had come up with the concept of toxic stress – but the trauma was no less for that.

 

***

 

Eventually, the war between the Holy Roman emperor, the princes, Sweden, France and their respective allies was brought to an end by the now-famous Treaties of Münster and Osnabrück (collectively known as the Peace of Westphalia). In roughly the past century and a half, however, their nature and implications have been completely misunderstood. The misconception – still frequently repeated in many textbooks, in the media, by politicians, and in standard works on international relations – maintains that the Peace, by granting the princes sovereignty, inaugurated a modern “Westphalian system” based on states’ sovereign equality, the balance of power and non-intervention in domestic affairs. This fallacious notion of Westphalia was later picked up uncritically by political scientists, scholars of international law and historians, leading to the remarkably persistent and widespread Westphalian myth.

The real Westphalia was something quite different. Although the Right of Reformation was officially confirmed, it was in effect nullified by the imposition of the “normative year”. This fixed control of the churches, the right of public worship, and the confessional status of each territory to the state it had been in, on 1 January 1624. This was an innovative compromise arrangement that set a mutually acceptable official benchmark for faith at a point in time at which neither side had gained supremacy. By establishing a standard applicable to all, it also represented a convenient means of avoiding the conflicts of honour inherent in early-modern negotiations in which princes were asked to make concessions.

The practical outcome was that a princely conversion could no longer determine the religious affiliation of the subject population in question. The imperial judicial tribunals retained extensive authority to enforce the confessional and property rights of princes’ subjects (many of which were stipulated at Westphalia). The external guarantors, France and Sweden, were granted a right to intervene against either the emperor or the princes, in order to uphold Westphalian rights and terms. So, this “true Westphalia” is better characterised as an order of conditional sovereignty.

Princes were entitled to rule for life, but crucially were required to respect their subjects’ basic rights, such as religious freedom (including that of Calvinists), enjoyment of property and access to judicial recourse, while also respecting the rights of fellow rulers. If they failed in their duties towards their subjects or the empire they could in theory and practice become targets for intervention, which in some cases entailed deposition from power.

That central Europe avoided another religious war after 1648 shows the success of Westphalia’s conflict regulation mechanisms. At a time of renewed religious dispute in the early 18th century, a statement issued by the Protestant party at the imperial Diet commented on the improvements that Westphalia had brought to the imperial constitution, stating: “The refusal of Territorial rulers to accept that other fellow states protect foreign inhabitants and subjects was one of the greatest causes which led to the wretched Thirty Years War. It is precisely this wound which has been healed by the Peace of Westphalia.”

Westphalia was thus seen as a corrective measure, opening up domestic affairs to mutual and reciprocal scrutiny, on the basis of clear principles agreed by all. It provided an effective system for the “juridification” of conflict, whereby confessional strife (which certainly continued) was channelled into a legal-diplomatic framework and defused through litigation and negotiation, if necessary with the threat of external intervention by a guarantor power, rather than being settled by warfare.

 

***

 

Where in 17th-century Europe Protestants were alarmed by the revanchism of the Catholic Counter-Reformation, through which the emperor (with the support of his Spanish Habsburg cousins) sought to restitute property and lands confiscated from the Catholic prince-bishoprics by Protestant princes during the previous century, so in the Middle East today Shia communities feel under pressure from the new wave of aggressive Wahhabi/Salafi jihadism which similarly regards their faith as heresy and abomination. Or, if you choose to accept the Saudi or Wahhabi version, you could regard Iran and the Shias as the threatening hegemon. One way or the other, both Iran and Saudi Arabia feel insecure in the region, menaced by enemies, to a degree paranoid and liable to miscalculate the true nature of the threat to them and their faiths.

Moreover, the position can change. After the Swedish intervention in Germany in 1630, the Catholics, previously triumphant, were thrown on the defensive and their worst nightmares began to come true. For an eventual settlement to become possible, it was necessary for disillusionment with religious aggrandisement to set in. That might still seem to be some way off in Syria and Iraq now; yet perhaps not so far off. At an earlier stage some Sunnis at least, in Iraq and elsewhere, became disillusioned with al-Qaeda when it was seen to be able to offer no more than continuing violence, with no prospect of any kind of victory. It will be necessary first to defeat Da’esh, or Islamic State, but disillusionment with it could set in quite quickly when its millenarian project is seen to suffer severe setbacks. It will nonetheless be necessary to deal with the Wahhabi origins of the jihadi problem, in Saudi Arabia, as Michael Axworthy argued in his New Statesman article of 27 November 2015.

It would be highly desirable as part of a wider Westphalia-style settlement also to make progress towards a solution of the conflict between Israel and the Palestinians. Yet such a settlement should not be seen as necessarily dependent on that. The Israel/Palestinian question is not an important factor in the present situation in Syria or Iraq, nor has it been among the prime concerns of al-Qaeda or Islamic State, which have both been much more focused on toppling Arab states in the Middle East.

Another aspect of the conflict in the Middle East is that both Iran and Saudi Arabia see themselves as the legitimate leader of the community of Islam as a whole. Just as Christendom was pulled apart by religious conflict in the 17th century, yet Catholicism and Protestantism were still horribly bound together, like cats in a sack, by a shared history and shared faith, so too with contemporary Islam. The traditional territory of Islam is still, in some sense, a coherent whole in the minds of Muslims. In a way reminiscent of that in which the Holy Roman emperor’s authority was still recognised by the Protestant states of the empire, albeit reluctantly and with bitter resentment, so Shia Muslims have to accept Saudi Arabia’s de facto guardianship of the holy places of Medina and Mecca. A settlement in the Middle East could take strength from the lingering sense of a common heritage in the region.

 

***

 

The creation of Iraq, Syria and Lebanon as sovereign states after the First World War owes something to the European state model that is linked in the minds of many to the mythical Westphalia. Some would say that the model was artificial and unsuited to the complex political reality of those countries; that the continuing collapse of Iraq and Syria (with Lebanon looking fragile) is at least in part a consequence of the bad match. But it may be less the borders of those states that have been the problem than the internal political nature of the states as they were established.

The new nations’ borders for the most part followed the boundaries of previous Ottoman administrative districts, including those abolished with much fanfare by Islamic State 18 months ago. Such is the ethnic, religious and tribal complexity of the peoples they contain that they are likely to be difficult to divide up in any less artificial or more satisfactory way. Any attempt to redraw borders extensively is likely to deepen and exacerbate the chaos. In the Westphalia settlement, with only a few exceptions, the pre-war borders of the German statelets were retained; it was the way the states related to each other and the confessional diversity of their subjects that changed. There is a lesson here.

Sectarianism, the interference of neighbouring states, the breakdown of earlier state arrangements, the exodus of refugees –all of these are features of a region that has become, as a recent New Statesman leader put it (quoting Karl Kraus), a “laboratory for world destruction”. Some in the contemporary Middle East are aware of past religious extremism and conflict in Europe and ask how we overcame it historically. Therefore, it is in no way patronising to offer the lessons of those past traumas: it is part of our shared human experience, our collective memory. That is what history is – or can be. The Westphalia myth, in supporting a notional model of the modern state which has failed in both Iraq and Syria, may have contributed to the terrible conflicts we have seen unfolding in recent years in those countries. The real Westphalia, by contrast, could contribute to a solution.

It showed ways to turn interference in wars into guarantees of peace

Its application to the Middle East requires an inclusive conference with representatives from all recognised states in the region, plus potential “guarantor” powers. The negotiations would have to start from the assumption that the “truth content” of the various positions has to be set aside for now, and would have to end with a recognition that sovereignty would be conditional and involve the transfer of some prerogatives to common institutions modelled on the old German imperial ­supreme judicial institutions and/or the Reichstag. Populations would not necessarily be guaranteed democratic participation in the first instance, but governments would be obliged to respect certain vital rights, including the free exercise of religion and, in certain circumstances, that of judicial appeal outside their local jurisdictions. Toleration would thus be “graded”, Westphalian-style, with the recognition of a dominant religion or system in each territory, but with safeguards for minorities. As with Westphalia, rulers would be constrained by duties towards their own subjects (for that is what they are, at present), but also towards respecting each other’s integrity as well as that of the whole system. The whole arrangement would then have to be placed under external guarantee of agreed regional and global powers.

All this requires political will and engagement, obviously, but it must begin with some intellectual legwork. To this end, the Forum on Geopolitics at the University of Cambridge has established a “Laboratory for World Construction”, drawing on expertise in both cases, to begin to design a Westphalia for the Middle East.

 

***

 

There will be no a “quick fix”; the Westphalia negotiations took five years and ultimately failed to end the related war between Spain and France (which lasted until 1659). By 1648 the various warring parties in central Europe had reached a state of general exhaustion, and disillusionment with religious extremism.

But the lessons of the real treaties of Westphalia, which provided means for the legal resolution of disputes and showed ways to turn external interference in conflict into external guarantees for peace, could be a significant contribution to eventual settlement of the Middle East’s problems.

Bringing peace to the Middle East will not be easy, and many have failed before. Yet if it could be done in mid-17th-century Germany, a problem no less intractable, then anything is possible.

Brendan Simms is the director of the Forum on Geopolitics at Cambridge

Michael Axworthy is the director of the Centre for Persian and Iranian Studies at the University of Exeter

Patrick Milton is a postdoctoral fellow at the Free University of Berlin (POINT programme) and co-ordinator of the Westphalia for the Middle East “Laboratory for World Construction” at the Forum on Geopolitics

This article first appeared in the 21 January 2016 issue of the New Statesman, The Middle East's 30 years war