Let's turn to the third background issue: defining "terror" and distinguishing it from aggression and legitimate resistance. I have been writing about terror for 25 years, ever since the Reagan administration declared its War on Terror. I've been using definitions that seem to be doubly appropriate: first, they make sense; and second, they are the official definitions of those waging the war. To take one of these official definitions, terrorism is "the calculated use of violence or threat of violence to attain goals that are political, religious, or ideological in nature...through intimidation, coercion, or instilling fear," typically targeting civilians. The British government's definition is about the same: "Terrorism is the use, or threat, of action which is violent, damaging or disrupting, and is intended to influence the government or intimidate the public and is for the purpose of advancing a political, religious, or ideological cause." These definitions seem fairly clear and close to ordinary usage. There also seems to be general agreement that they are appropriate when discussing the terrorism of enemies.
But a problem at once arises. These definitions yield an entirely unacceptable consequence: it follows that the US is a leading terrorist state, dramatically so during the Reaganite war on terror. Merely to take the most uncontroversial case, Reagan's state-directed terrorist war against Nicaragua was condemned by the World Court, backed by two Security Council resolutions (vetoed by the US, with Britain politely abstaining). Another completely clear case is Cuba, where the record by now is voluminous, and not controversial. And there is a long list beyond them.
We may ask, however, whether such crimes as the state-directed attack against Nicaragua are really terrorism, or whether they rise to the level of the much higher crime of aggression. The concept of aggression was defined clearly enough by Justice Jackson at Nuremberg in terms that were basically reiterated in an authoritative General Assembly resolution. An "aggressor," Jackson proposed to the Tribunal, is a state that is the first to commit such actions as "Invasion of its armed forces, with or without a declaration of war, of the territory of another State," or "Provision of support to armed bands formed in the territory of another State, or refusal, notwithstanding the request of the invaded State, to take in its own territory, all the measures in its power to deprive those bands of all assistance or protection." The first provision unambiguously applies to the US-UK invasion of Iraq. The second, just as clearly, applies to the US war against Nicaragua. However, we might give the current incumbents in Washington and their mentors the benefit of the doubt, considering them guilty only of the lesser crime of international terrorism, on a huge and unprecedented scale.
It may also be recalled the aggression was defined at Nuremberg as "the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole"--all the evil in the tortured land of Iraq that flowed from the US-UK invasion, for example, and in Nicaragua too, if the charge is not reduced to international terrorism. And in Lebanon, and all too many other victims who are easily dismissed on grounds of wrong agency--right to the present. A week ago (January 13), a CIA predator drone attacked a village in Pakistan, murdering dozens of civilians, entire families, who just happened to live in a suspected al-Qaeda hideout. Such routine actions elicit little notice, a legacy of the poisoning of the moral culture by centuries of imperial thuggery.
The World Court did not take up the charge of aggression in the Nicaragua case. The reasons are instructive, and of quite considerable contemporary relevance. Nicaragua's case was presented by the distinguished Harvard University law professor Abram Chayes, former legal adviser to the State Department. The Court rejected a large part of his case on the grounds that in accepting World Court jurisdiction in 1946, the US had entered a reservation excluding itself from prosecution under multilateral treaties, including the UN Charter. The Court therefore restricted its deliberations to customary international law and a bilateral US-Nicaragua treaty, so that the more serious charges were excluded. Even on these very narrow grounds, the Court charged Washington with "unlawful use of force"--in lay language, international terrorism--and ordered it to terminate the crimes and pay substantial reparations. The Reaganites reacted by escalating the war, also officially endorsing attacks by their terrorist forces against "soft targets," undefended civilian targets. The terrorist war left the country in ruins, with a death toll equivalent to 2.25 million in US per capita terms, more than the total of all wartime casualties in US history combined. After the shattered country fell back under US control, it declined to further misery. It is now the second poorest country in Latin America after Haiti--and by accident, also second after Haiti in intensity of US intervention in the past century. The standard way to lament these tragedies is to say that Haiti and Nicaragua are "battered by storms of their own making," to quote the Boston Globe, at the liberal extreme of American journalism. Guatemala ranks third both in misery and intervention, more storms of their own making.
In the Western canon, none of this exists. All is excluded not only from general history and commentary, but also quite tellingly from the huge literature on the War on Terror re-declared in 2001, though its relevance can hardly be in doubt.
These considerations have to do with the boundary between terror and aggression. What about the boundary between terror and resistance? One question that arises is the legitimacy of actions to realize "the right to self-determination, freedom, and independence, as derived from the Charter of the United Nations, of people forcibly deprived of that right..., particularly peoples under colonial and racist regimes and foreign occupation..." Do such actions fall under terror or resistance? The quoted word are from the most forceful denunciation of the crime of terrorism by the UN General Assembly; in December 1987, taken up under Reaganite pressure. Hence it is obviously an important resolution, even more so because of the near-unanimity of support for it. The resolution passed 153-2 (Honduras alone abstaining). It stated that "nothing in the present resolution could in any way prejudice the right to self-determination, freedom, and independence," as characterized in the quoted words. The two countries that voted against the resolution explained their reasons at the UN session. They were based on the paragraph just quoted. The phrase "colonial and racist regimes" was understood to refer to their ally apartheid South Africa, then consummating its massacres in the neighboring countries and continuing its brutal repression within. Evidently, the US and Israel could not condone resistance to the apartheid regime, particularly when it was led by Nelson Mandela's ANC, one of the world's "more notorious terrorist groups," as Washington determined at the same time. Granting legitimacy to resistance against "foreign occupation" was also unacceptable. The phrase was understood to refer to Israel's US-backed military occupation, then in its 20 th year. Evidently, resistance to that occupation could not be condoned either, even though at the time of the resolution it scarcely existed: despite extensive torture, degradation, brutality, robbery of land and resources, and other familiar concomitants of military occupation, Palestinians under occupation still remained "Samidin," those who quietly endured.
Technically, there are no vetoes at the General Assembly. In the real world, a negative US vote is a veto, in fact a double veto: the resolution is not implemented, and is vetoed from reporting and history. It should be added that the voting pattern is quite common at the General Assembly, and also at the Security Council, on a wide range of issues. Ever since the mid-1960s, when the world fell pretty much out of control, the US is far in the lead in Security Council vetoes, Britain second, with no one else even close. It is also of some interest to note that a majority of the American public favors abandonment of the veto, and following the will of the majority even if Washington disapproves, facts virtually unknown in the US, or I suppose elsewhere. That suggests another conservative way to deal with some of the problems of the world: pay attention to public opinion.