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Time to rethink realpolitik

Henry Kissinger, once accused of war crimes, is back and working for the Obama adminstration. Is thi

Henry Kissinger, in 1982, wrote: “Blessed are the people whose leaders can look destiny in the eye without flinching but also without attempting to play God.” The former US secretary of state is an unlikely – and unfashionable – source of reassurance, but his injunction is one that the west would do well to follow in the Obama era.

The US National Intelligence Council predicted a bleak future in its most recent Global Trends Review. America's dominance will disappear by 2025, it said, and the EU will become a "hobbled giant", unable despite its economic strength to exert significant global influence. With the last superpower reduced to a "first among equals" as new giants rise in the east, the "unipolar world" will be "over". The report warns of nuclear proliferation, mass migration, environmental catastrophe. "The next 20 years," it says (just to make sure we've all got the point), "are fraught with risks." Confronted with these dangers and uncertainties, however, some western leaders are still overly tempted to "play God".

At the Munich Security Conference on 7 February, Kissinger was awarded the first Ewald von Kleist prize for his "contributions to global peace and international co-operation". At the same time reports emerged that President Barack Obama had sent the good doctor to conduct secret talks on nuclear weapons reduction with Moscow in December.

“We cannot rule out arms races, territorial expansion and military rivalries”

But the world leaders gathered in Munich also heard the first major address on the new administration's foreign policy. Although Vice-President Joe Biden spoke softly - "We'll engage. We'll listen. We'll consult" - he still carried a big stick, delivering warnings to Russia and Iran, and urging US allies to be more willing "to use force when all else fails". His remarks were consistent with Secretary of State Clinton's statement at last month's Senate confirmation hearings, when she denied reports of her country's imminent relegation to equal rank status with other world powers: "Some have argued that we have reached the end of the 'American moment' in world history. I disagree."

Hillary Clinton advocated the use of "smart power", combining "hard" military and economic with "soft" cultural and diplomatic tools. That may sound eminently reasonable, but let's note how the Bill Clinton-era diplomat Suzanne Nossel concluded the essay in which she popularised the term in 2004: "Now is the time . . . to reassert an aggressive brand of liberal internationalism . . . and fortify it through the determined, smart use of power."

Such talk of aggression is dangerously misplaced. The chaotic, uncertain world of today requires something starkly different. It is time, instead, for a new realpolitik.

In one sense, realpolitik never went away. Its cardinal principle of non-interference - that no state has the right to intervene in the internal affairs of another - is one to which over half of humankind is theoretically signed up, through the 118 countries that belong to the Non-Aligned Movement (NAM). The developing-world titans who founded it in 1961 - Nasser, Nkrumah, Nehru, Tito and Sukarno - are long gone, and we in Britain may hear little of the NAM. But it goes far from unnoticed in the United States, not least because Cuba (under Raú Castro) holds the presidency of the organisation and Hugo Chávez emerged as the star of its last summit in 2006. It regularly votes as a bloc at the UN General Assembly, as do other caucuses of developing countries such as the Group of 77. In an interview late last year, Noam Chomsky dismissed suggestions that the NAM was a relic of the Cold War. "I think that it is a sign of the future," he said.

The more recently formed Shanghai Co-operation Organisation is another body of which we hear little. But perhaps we should pay more attention. Made up of Russia, China and four former Soviet central Asian republics, the SCO clearly states non-interference as a core principle in its charter - as does Asean, the ten-country Association of South-East Asian Nations, whose combined population is close to 600 million.

Admittedly, realpolitik has sometimes been used to symbolise the very opposite. In association with Kissinger, for instance, it has come to stand for all the excesses of US foreign policy during the period he served as national security adviser and secretary of state under Presidents Nixon and Ford.

This is to cast the doctrine purely (and thus falsely) in terms of the cold pursuit of national interest (often masquerading under the cover of "spreading freedom") that led some to charge Kissinger with war crimes. It obscures the great successes of his realpolitik: détente with the Soviet Union, the opening of relations with China, and the shuttle diplomacy that ended the Yom Kippur War and ultimately laid the foundations for Jimmy Carter to host the Camp David Accords between Egypt and Israel.

It is this pragmatic aspect of Kissinger's foreign policy that should inform a new realpolitik. Yes, the human rights records of many of these states was lamentable and scruples were understandable. Yet the outcome was increased peace and stability. Was that not a greater prize than a salved conscience?

"What the realist fears is the consequences of idealism." The words belong to Brent Scowcroft, national security adviser under the first President Bush and a disciple of Kissinger. Their conservative provenance should not stop us from recognising that if only they had been engraved in brass and placed on the desk of every foreign minister in the west we might have been spared much dangerous posturing over the past decade.

It was foolish idealism that led to Nato's eastward expansion into the new democracies of the old Soviet bloc. (One assumes so, since no Nato partner rests more easily in his bed knowing that the might of Latvia and Lithuania is now at his disposal.) The realist would have pointed out that this humiliation of Russia, in the process encircling its Baltic exclave of Kaliningrad, was perhaps not the best way to build friendlier relations with the possessor of the world's largest natural gas reserves. Nor that announcing plans to instal interceptor missile bases in Poland and the Czech Republic would be taken in particularly good part.

Russia's reactions, both in Georgia and to the missile bases, should have been expected. Dmitry Medvedev will not be the last occupier of the Kremlin to defend his country's "privileged interests" in neighbouring states: the demise of the USSR did not excise centuries of Russian domination from the history books, nor from that nation's sense of self.

Idealism of a different hue bedevils the west's relations with China. Today, Hollywood film stars in thrall to a media-savvy old monk have encouraged many to regard the patient diplomacy that led to Richard Nixon's breakthrough as pusillanimous gradualism; public pressure and face-shaming demonstrations are seen as the way to persuade Beijing to act over Tibet. (Not having the benefit of such good-looking advocates, other regions with equally worthy claims to greater autonomy are apparently of little concern.) Barack Obama's voice was raised in the idealistic campaign to boycott the Beijing Olympics last year. Reality has since bitten, and he must hope the Chinese are willing to overlook his part in that shouty chorus, now he needs them to bail out the US economy.

Go to Riyadh, Singapore or St Petersburg, and you will find populations deeply convinced of differing value systems. Idealistic liberal internationalists, however, see superficial similarities – a Norman Foster building in Shanghai, a McDonald’s in Cairo – and assume that sharing consumer culture leads to a common political culture. We are entitled to hope that that will happen, though we would be wise to follow Scowcroft’s advice about how to help the process: “You encourage democracy over time, with assistance, and aid, the traditional way. Not how the neocons do it.” We have no reason, however, to shade our hope into certainty.

We should also acknowledge that in the past 30 years Wahhabist Islam has been far more successful at exporting itself, at the expense of pre-existing, liberal political cultures in Muslim countries, and often through the precise means Scowcroft suggests: funding hospitals, schools and the like.

If anything, our era is marked by the reassertion of older, less globally unifying impulses. "We cannot rule out a 19th-century-like scenario of arms races, territorial expansion and military rivalries," concludes the NIC report, which also suggests that several African countries may become completely ungovernable.

Such forecasts bode ill for the inevitable progress of liberal universalism. Yet so does the unacknowledged reality of the present. You do not have to share Chomsky's optimism about the Non-Aligned Movement as an organisation, for instance, to appreciate the long-term significance of its support for Iranian nuclear enrichment. "The fact of the matter is that the majority of the world supports Iran," he pointed out. "But they are not part of the world, from the US point of view." It is a view that can be sustained as long as the west has overwhelming superiority in wealth and weapons. What happens when it doesn't?

Sooner or later China, Russia and that "rest of the world" we ignore, except to luxuriate on its beaches or to shed a tear for its natural disasters, will demand that we meet them on their terms, and not just ours. This will be no surprise to Kissinger-era diplomats, who knew that history's arc was uncertain and quite possibly endless, and that there are many painful questions to which there are no satisfying answers, just a series of "least worst" options.

Realpolitik may not offer the comfort of doing the "right thing". However, until we can agree on what the "right thing" is, that is a moral discomfort we must learn to bear. If the alternative requires shackling, or bribing, or threatening our fellow man to concur, there is nothing "smart" about it.

Sholto Byrnes is a Contributing Editor to the New Statesman

This article first appeared in the 16 February 2009 issue of the New Statesman, The New Depression

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Rough justice: who is looking out for the wrongfully convicted?

How internet sleuths - and secret courts - have changed the reporting of miscarriages of justice.

The letter from Whitemoor Prison in Cambridgeshire was in poor English but its message was clear. The writer claimed he was serving a life sentence for a murder that he had not committed. What was also clear was that this was no ordinary case. Not only was the victim a respected author and photographer who lived in one of the most expensive streets in London, but his alleged killer was the grandson of Chairman Mao’s third-in-command and an informant for MI6 whose entire defence at his Old Bailey trial had been heard in secret, with reporters excluded from the court.

It took some weeks to unravel the story of Wang Yam, who was convicted of the murder of Allan Chappelow at his home in Hampstead in 2006. Wang had supposedly broken in to Chappelow’s letter box at his front gate to steal bank details and, according to the prosecution, probably killed him when confronted. The victim’s body was discovered several days later.

In his letter, Wang claimed that because the press had been barred from reporting his defence he had not received a fair trial. With my colleague Richard Norton-Taylor, I wrote a story about the case that appeared in the Guardian in January 2014. Shortly afterwards, a former close neighbour of Chappelow contacted us to say that, after Wang was already in custody, someone had tried to break into his letter box, too, and that the intruder, when discovered, had threatened to kill him and his family. In April, the Criminal Cases Review Commission announced that, as a result of this fresh evidence, the case was going back to the Court of Appeal. It is now expected to be heard soon.

Even though no murder trial had ever been heard in such secrecy at the Old Bailey before or since, the media largely ignored the story. Tales of alleged miscarriage of justice don’t make many waves these days.

As it happens, Wang Yam’s referral to the Appeal Court came just as a large book entitled The Nicholas Cases arrived in my mail. It is by Bob Woffinden and the slightly obscure title is a reference to St Nicholas, better known as Santa Claus, who in early Byzantine times halted the execution of three innocent men and could thus claim to be the patron saint of the wrongfully convicted. And, boy, do they need a saint these days. The author takes ten cases, introduces us to the accused, tells their stories and shares the frustration of the convicted men and women as well as their lawyers and families.

Some of the cases may be familiar. Jonathan King, the former singer and music entrepreneur, was sentenced to seven years in 2001 for sexual offences against boys aged 14 and 15. What is less well known is that he was convicted not of offences relating to his original arrest, but of others that came to light as a result of the media publicity surrounding his case. Another case is that of Gordon Park, convicted of the murder of his wife, Carol, who disappeared in 1976 and whose body was found in Coniston Water in the Lake District in August 1997 (the media named it the “Lady in the Lake trial”). Park was convicted in January 2005. He hanged himself in prison and in despair in January 2010.

Other cases, such as that of Emma Bates, received less press coverage. In 2009 Bates was convicted of the murder of her violent and abusive ex-partner Wayne Hill in Birmingham. She killed Hill with a single stab wound in a confrontation at her home, and it is hard, reading her story, to understand why she is now serving a minimum of 15 years. Woffinden believes that all ten suspects should not have been convicted but he tells their stories in enough detail for one to understand why they were. Each tale unfolds like an intriguing television drama, with our judgements and preconceptions
of innocence or guilt tugged both ways.

Woffinden has ploughed an increasingly lonely furrow on the subject, following in the footsteps of two other campaigning authors. The first was Ludovic Kennedy, whose book 10 Rillington Place, published in 1961, exposed the wrongful hanging of Timothy Evans. The second was Paul Foot, who campaigned relentlessly in Private Eye, the Daily Mirror and in books on many cases, including that of the Bridgewater Four, convicted of the murder of a newspaper boy, Carl Bridgewater, in 1978. Woffinden produced a volume called Miscarriages of Justice
in 1987, and in 2015 he published Bad Show, in which he suggests that Major Charles Ingram, convicted of rigging the TV quiz show Who Wants to Be a Millionaire? by placing allies in the audience who coughed strategically, was innocent.

What is striking about Woffinden’s latest volume, however, is his criticism of the media on three counts. “It is not merely that the media fails to draw attention to wrongful convictions when they occur; it is not just that trials leading to these injustices are misleadingly reported; it is that, in some instances, the media itself has played a key role in bringing about the wrongful conviction,” he writes.

***

For over two centuries, the media have been crucial to both freeing and convicting innocent suspects in murder cases. In 1815 Eliza Fenning, a household cook, appeared at the Old Bailey, charged with attempting to poison her employers with arsenic in their steak and dumplings. It was suggested that she had done so after being scolded for consorting with young male apprentices.

She protested her innocence and a radical writer, William Hone, took up her case, visited her in Newgate Prison and launched a newspaper, the Traveller, to fight for her release. It probably did no harm to her cause that she was young and beautiful; the artist Robert Cruikshank drew her reading the Bible in her cell. It was all to no avail: Fenning was hanged. And yet, ever since, writers and journalists have taken up such cases.

Arthur Conan Doyle campaigned in the Daily Telegraph for George Edalji, ­convicted on the bizarre charge of disembowelling a horse in Staffordshire in 1903. Edalji, an Anglo-Indian solicitor, served three years’ hard labour but was eventually pardoned and concern about his conviction led partly to the creation in 1907 of the Court of Criminal Appeal. (Julian Barnes’s book Arthur & George is based on the case.)

Conan Doyle, too, was active in the campaign to prove the innocence of Oscar Slater, a German Jew convicted of the murder in Glasgow in 1908 of Marion Gilchrist, a wealthy, elderly single woman. Class and anti-Jewish prejudice clearly played a part in the police investigation, and the initial press coverage of the campaign to free him was dismissive. “Efforts most harmful and ill-advised are being made to work up popular feeling and to receive signatures with the object of obtaining a reprieve,” the Scotsman sniffed. “However amiable may be the sentiments that may have prompted some of those who have taken part in the movement, it is one that cannot be otherwise than mischievous and futile.” It took nearly two decades to prove Slater’s innocence. Scottish journalists played an important part in keeping the story alive.

Yet for many years there remained the feeling that such miscarriages of justice were very few. Those who sought to question convictions in contentious cases were often mocked, as was the case when the earliest doubts were expressed about the guilt of the Birmingham Six. “Loony MP backs bomb gang” was the headline in the Sun when the Labour politician and journalist Chris Mullin challenged their conviction. But with the vindication of the Birmingham Six, the Guildford Four, the Maguire Seven and suspects in other so-called “Irish cases”, there was finally a recognition that something was very rotten in the justice system.

There followed a flowering of investigations into dubious cases. In 1982, the BBC launched the TV series Rough Justice, which carried out investigations over the next quarter-century. Some of its journalists went on to found Trial and Error, which did the same for Channel 4 from 1993 to 1999. Concerns about the extent of such cases led to the formation in 1997 of the Criminal Cases Review Commission. It has since referred 629 cases back to the Court of Appeal, 414 of which had been successful; a further 689 cases are under review. But both Rough Justice and Trial and Error were discontinued, victims of media austerity.

Investigations into such cases take time and money. With broadcasters and news­papers forced to tighten their belt, there is little appetite for researching complex claims that may lead nowhere. Meanwhile, the introduction in 2013 of new rules affecting funds for criminal cases has sharply reduced access to legal aid lawyers. Lawyers also suffer from the arcane effects of the Criminal Procedure and Investigations Act 1996, with some solicitors still unsure about what can be released to the media.

There has been a change in the political climate, too. Tony Blair encapsulated this in 2002 when he said: “It is perhaps the biggest miscarriage of justice in today’s system when the guilty walk away unpunished.” The subtext to this is that we shouldn’t be too soft-hearted with every plea of innocence. This attitude is reflected in the way that even those who are eventually cleared on overwhelming evidence are treated.

Previously, victims of miscarriages of justice were compensated financially for their lost years. No longer. Victor Nealon, a former postman, was convicted of attempted rape in 1996 and served 17 years – ten years longer than his recommended tariff, because he continued to protest his innocence. In 2013, after new DNA evidence from the clothes of the assault victim pointed to “an unknown male” as the one responsible for the crime, he was freed with just £46 in his pocket. The Ministry of Justice has declined to compensate Nealon financially because, under the new rules, his innocence has to be proved “beyond reasonable doubt” – that is to say, someone else has to be convicted of the crime. It is an absurd state of affairs.

***

The internet – social media in particular – has given platforms and publicity to those who claim to have been wrongfully convicted. Yet, as Woffinden points out, the web has also had a negative effect, because there are now hundreds of sites dedicated to claims of miscarriages of justice. “The whole history of miscarriages of justice in the UK in the postwar era was based on the ‘top of the pile’ principle,” he argues. “A case reached the top of the pile. It was focused on; it was rectified. Another case then took its place at the top of the pile. Now there are far too many cases jostling for attention, with the result that no case gets adequate attention. As the newspapers’ ability to campaign on these issues has been weakened, so they are less inclined to publish stories that they think aren’t going anywhere.”

It is also much harder for journalists to meet people who claim to be victims. When I wanted to visit Kevin Lane, who has long protested his innocence of the 1994 murder of Robert Magill, shot in a hitman killing in Hertfordshire, it took months before officials granted permission. I was accompanied by a Home Office official and our entire interview at Frankland Prison in County Durham was tape-recorded.

Wang Yam, the MI6 informant, was told at Whitemoor after his story first appeared in the Guardian that he was not allowed to correspond with us again, though the Ministry of Justice claims this is now no longer the case. In the United States, a prisoner who wants to contact a journalist has an automatic right to do so, making investigative reporting much easier.

What about the Innocence Project? This US organisation was founded in 1992 and harnessed the energy of law students to investigate cases of alleged wrongful conviction. For a while, the idea flourished in Britain, too; Bristol University launched a version in 2004. However, such projects now struggle to overcome the same hurdles of access and resources as the media.

Not everyone who claims to be innocent is telling the truth, especially if the crime is especially heinous. One case which received much publicity was that of Simon Hall, who was convicted in 2003 of the horrific murder of Joan Albert, aged 79. It was taken up by Rough Justice after an active campaign on Hall’s behalf but then, in 2013, he told prison officials that he was guilty. In doing so, he gravely undermined the claims of many of the genuinely innocent. He hanged himself in prison the following year. As the former armed robber Noel “Razor” Smith notes in his wry poem “The Old Lags”, prison is full of people who claim they were wrongly convicted:

Yeah, I been stitched right up

It’s funny you should ask

I’m here for what I didn’t do

I didn’t wear a mask!

But there is little editorial outrage about a murder trial being held in secret and scant concern that so many dubious convictions slip by, unreported for reasons of economy, indifference or fashion. Contrast those sil­ences about the law with the apoplectic response to the Supreme Court decision last year to uphold an injunction against the Sun on Sunday reporting the names of the “celebrity threesome”. The Sun called it “the day free speech drowned” and quoted the Tory MP Jacob Rees-Mogg, who described the decision as “a legalistic hijack of our liberty”. The Daily Mail informed readers soberly: “Supreme Court judges yesterday declared that people in England and Wales have no right to know about the sex lives of celebrities.” As if. All that was missing was Tony Hancock: “Does Magna Carta mean nothing to you? Did she die in vain?”

***

Where now for wrongful convictions? Louise Shorter, a former producer on Rough Justice, sees a glimmer of hope. She now works for Inside Justice, the investigative unit attached to the prisoners’ newspaper Inside Time, that was set up in 2010 to investigate wrongful convictions. She acknowledges the current difficulties: “Unravelling a miscarriage of justice case can take a decade or more. Television wants a beginning, middle and end to any story and wants it now, and that’s hard to achieve when the criminal justice wheels turn so very slowly.”

Yet Shorter says that her phone has been ringing off the hook following two successful American ventures: the podcast Serial and the Netflix series Making a Murderer. In September, she presented the two-part BBC documentary Conviction: Murder at the Station, in which she investigated the case of Roger Kearney, who protests his innocence of the murder of his lover Paula Poolton. Her body was found in her car at Southampton train station in 2008. “The media finally latched on to what the public has known for years: real-life whodunnits – or did-they-do-its – always have been and remain immensely popular,” Shorter says.

As Wang Yam awaits his appeal hearing and hundreds of others hope that their cases are heard, let us hope that she is right and that we have not returned to the days when only a “loony MP” or the “mischievous and futile” could challenge the law. 

“We’ll All Be Murdered in Our Beds! The Shocking History of Crime Reporting in Britain” by Duncan Campbell is published by Elliott & Thompson

This article first appeared in the 24 February 2017 issue of the New Statesman, The world after Brexit