Syria’s Bashar al-Assad: Guilty but Free

Because Syria’s government had not signed onto the Rome Statute, which renders governments and their respective officials subject to the International Criminal Court, including its arrest warrants and verdicts, Bashar al-Assad and his younger brother, Mahar, who were then in absentia under Putin’s protection in Russia, were not subject to the ICC when a Syrian court found the two brothers guilty of crimes against humanity and war crimes on August 11, 2026. The two men could evade the death sentences issued by their own country’s judiciary as long as they could be protected by the Russian president in Russia. Although an Israeli court had tried and convicted the Nazi Eichmann of crimes against humanity, so a precedent existed for national courts adjudicating that crime, the fact that Israel had to illegally kidnap Eichmann in Argentina and the al-Assad brothers could evade being held accountable for their horrendous crimes in Syria suggests that the right, proper, and effective court to hear cases on crimes against humanity, as well as war crimes, is international, such as the ICC. That court’s weakness, however, as in Syria, Russia, and Israel not being subject to that court’s jurisdiction, points to a hole in jurisprudence on crimes against humanity, assuming that the proper and necessary jurisdiction is rightly international rather than national. With the U.S. having recently announced a full-on attack on the ICC (and its prosecutors) at the behest of the indicted suspect Prime Minister Netanyahu of Israel, it could be asked whether the ICC was in a position to “fill the hole” in the jurisprudence of crimes against humanity (and war crimes), or whether a coalition of the willing of national governments would have to start from scratch to construct a new international criminal court (and block diplomacy and trade with any country not willing to be bound by the new international jurisprudence). The judicial case against the al-Assad brothers (and their maternal cousin, who was in the courtroom and thus could be held accountable by the national court for having led the 2011 Daraa crackdown) demonstrates the value in shoring up international jurisprudence on crimes against humanity (and war crimes).

The full essay is at "Syria's Bashar al-Assad."

Mutual Cooperation as Insufficient as E.U. Defense Policy

The words mutuality and cooperation have positive connotations politically, whereas divisive and exclusive do not. To be sure, mutual cooperation has the drawback of relegating competitiveness, which can foster greater efficiency and effectiveness. In the policy domain of defense, however, wherein nuclear weapons live, competition between weaponized polities can be dangerous and thus not worth any improvements from competing. The Cold War in the twentieth century attests to the superiority of mutuality and cooperation at the international theatre wherein polities act as sovereign militarized entities. Within a federal Union, however, relying on the mutual cooperation between states is, I contend, woefully deficient and inadequate. In fact, relying on states to assume the burden of defense can lead to the violent break up of a Union, as was dramatically demonstrated in what some Americans have called the War between the States (1861-1865), but is more accurately called the war between the U.S.A. and the C.S.A.(the Confederate States of America). Two political unions of very different balances of power between the respective federal and state levels of governance. It is precisely with this historical example in mind that the comments made by E.U. (Commission) President Von der Leyen at the Munich Security Conference in February, 2026 should be analyzed. Relying in going forward from that time on the E.U. states to build up their respective military forces, or militias in American-speak, under the assumption that those states would mutually cooperate military is a very risky strategy for the E.U. at a time in which its cousin across the Atlantic Ocean was pulling back from Europe in terms of military protection.

The full essay is at "Mutual Cooperation as Insufficient as E.U. Defense Policy."

Silent Night

The medium of film has an amazing ability to trigger emotions, even very strong ones, through dialogue, narrative, cinematography and sound. The suspension of disbelief, if achieved, renders the impact all the more complete. Dread, for example, can be conjured up even with another yet different emotion, such as joy, even in the same song. The medium is also capable of stimulating thought not only as viewers attempt to figure out unnecessarily convoluted plots, but also thinking more abstractly in philosophical or theological terms. Such abstractions, besides being implicitly or explicitly treated in the narrative, extend beyond the confines of a narrative and its story-world. “Life and death” is such a theme, as is whether the human soul is immortal. Less tantalizing, though arguably just as important for typically being overlooked, philosophy of mind (and philosophy of psychology), for which a strange, incomprehensible plotline is by no means requisite or even constructive, stands as a rich reservoir for filmmakers. Even though the question of life and death is central to the film, Silent Night (2021), which interestingly was made during the global coronavirus pandemic—there is even a “Covid Supervisor” listed in the credits!—a seldom-recognized vulnerability innate to the human mind may deserve top billing in that film. The group-think evinced by the group of friends at the house on Christmas Eve and perhaps a wider mass-hysteria only touches the surface of the problem in terms of the human mind. I contend that the star-attraction in the Christmas film rightly goes to the human mind’s vulnerability to presumption to the assumption of infallibility (and susceptibility to group-think cognitively and as in terms of power).  In the context of a group’s suicide pact, critical thinking in the sense of critiquing whatever assumptions are being held is so very important, yet it is only evinced by Art, a young boy, who is under unrelenting pressure especially from his parents to take a fatal pill before a “cloud” of toxic, climate-changed gases hits. 

The full essay is at "Silent Night."

Oppenheimer

An artificial sun rose on an otherwise dark night when the nuclear-bomb test named Trinity ushered in the era wherein our species’ aggressive instinct could render homo sapiens extinct. Given the salience of that instinctual urge—for we are related to the chimpanzee species—the wise (i.e., sapiens) species can be its own undoing. For it took a lot of intelligence in sub-atomic physics to invent the nuclear bomb, yet very little smarts went into deciding to use it against Japan, an enemy that would have lost anyway, in order to save American lives from having to invade the mainland (as if conventional bombs could not have reduced the casualties). Even less thought was put into the need to contain the proliferation of nuclear bombs. Expediency without heeding long-term risk is not a virtue. Kant wrote that even if our species were to institute a world federation, presumably having nation-states that would be semi-sovereign as a check against global totalitarianism, peace would merely be possible, rather than probable. This does not speak well of human nature, and this in turn renders the Trinity test something less than redeeming. “Now I am become death, the destroyer of worlds,” In the film, Oppenheimer (2023), Robert Oppenheimer reads from the Hindu scripture, the Bhagavad Gita, as a woman is on top of him in sexual intercourse. The irony of him being an instrument of mass destruction as director of the Manhattan Project and yet being engaged in potentially reproducing life with a woman is doubtlessly the point of that scene. Hindus who leap to the conclusion that Nolan is insulting their religion miss this point. Had the director included a scene in which Oppenheimer is praying, for example for the Jews in Nazi Germany at the time, a quote from the film, Gettysburg (1993) would have been similarly fitting. In that film, Col. Chamberlain of the Union army remarks, “What a piece of work is man . . . in action how like an angel!” Sgt. Kilrain replies, “Well, if he’s an angel, all right then . . . But he damn well must be a killer angel.” In the nuclear age, killer angel takes on added significance. The question is perhaps whether we have left angel behind as our species’ intelligence has outdone itself, whether in terms of nuclear war or rendering a climate unsuitable for us.

The full essay is at "Oppenheimer."

Pope Francis: Possessing Nuclear Weapons is Indefensible

Pope Francis said late in 2017 that the nuclear arms race had become irrational and immoral. The irrationality itself rendered even just the possession of nuclear weapons as immoral, according to the pope. Whereas past popes had recognized deterrence as a legitimator, both irrationality and the extent and “upgrading” of such weapons were factors in Pope Francis’s admittedly personal view. Yet was his basis only moral, or religious in nature?

The full essay is at "The Pope on Nuclear Weapons."

Federalizing State Warheads in the E.U.: The Problem of Excessive State Power in a Federal System

Only months after Donald Trump became the federal president in the U.S., an idea, “once unthinkable,” was “gaining attention in European policy circles: a European Union nuclear weapons program.”[1] The arsenal in the state of France would be “repurposed”—which is to say, federalized in American terms—to protect the European Union rather than merely one of its states. The command of the weapons, as well as the funding plan and defense doctrine, would be federal. Even though the question of whether the E.U. could continue to count of American protection—there being dozens of American nuclear weapons in the E.U.—was at the time most tantalizing, I submit that the matter of federalism in the case of the E.U. is salient too.

The complete essay is at Essays on Two Federal Empires.

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[1] Max Fisher, “Fearing U.S. Withdrawal, Europe Considers Its Own Nuclear Deterrent,” The New York Times, March 6, 2017.