Don’t Blame Sykes-Picot for the Middle East Mess

It has become something of a cliché to blame the Sykes-Picot treaty—signed 100 years ago today—for the woes of the modern Middle East, and to assert that the current disorders signify its death. However, argue Steven A. Cook and Amr T. Leheta, such claims are ill-founded, and not least because the agreement was never fully enacted and it took a decade for the region’s borders to coalesce in their present form. And that’s not the only reason:

On a deeper level, critics of the Middle East’s present borders mistakenly assume that national borders have to be delineated naturally, along rivers and mountains, or around various [pre-existing] identities in order to endure. It is a supposition that willfully ignores that most, if not all, of the world’s settled borders are contrived political arrangements, more often than not a result of negotiations among various powers and interests. Moreover, the populations inside these borders are not usually homogeneous.

The same holds true for the Middle East, where borders were determined by balancing colonial interests against local resistance. These borders have become institutionalized in the last 100 years. In some cases—such as Egypt, Iran, or even Iraq—they have come to define lands that have long been home to largely coherent cultural identities in a way that makes sense for the modern age. Other, newer entities—Saudi Arabia and Jordan, for instance—have come into their own in the last century. While no one would have talked of a Jordanian identity centuries ago, a nation now exists, and its territorial integrity means a great deal to the Jordanian people.

The conflicts unfolding in the Middle East today, then, are not really about the legitimacy of borders or the validity of places called Syria, Iraq, or Libya. Instead, the origin of the struggles within these countries is over who has the right to rule them. . . .

The weaknesses and contradictions of authoritarian regimes are at the heart of the Middle East’s ongoing tribulations. Even the rampant ethnic and religious sectarianism is a result of this authoritarianism, which has come to define the Middle East’s state system far more than the Sykes-Picot agreement ever did.

Read more at Foreign Policy

More about: History & Ideas, Middle East, Sykes-Picot Agreement, Syrian civil war

Fake International Law Prolongs Gaza’s Suffering

As this newsletter noted last week, Gaza is not suffering from famine, and the efforts to suggest that it is—which have been going on since at least the beginning of last year—are based on deliberate manipulation of the data. Nor, as Shany Mor explains, does international law require Israel to feed its enemies:

Article 23 of the Fourth Geneva Convention does oblige High Contracting Parties to allow for the free passage of medical and religious supplies along with “essential foodstuff, clothing, and tonics intended for children under fifteen” for the civilians of another High Contracting Party, as long as there is no serious reason for fearing that “the consignments may be diverted from their destination,” or “that a definite advantage may accrue to the military efforts or economy of the enemy” by the provision.

The Hamas regime in Gaza is, of course, not a High Contracting Party, and, more importantly, Israel has reason to fear both that aid provisions are diverted by Hamas and that a direct advantage is accrued to it by such diversions. Not only does Hamas take provisions for its own forces, but its authorities sell provisions donated by foreign bodies and use the money to finance its war. It’s notable that the first reports of Hamas’s financial difficulties emerged only in the past few weeks, once provisions were blocked.

Yet, since the war began, even European states considered friendly to Israel have repeatedly demanded that Israel “allow unhindered passage of humanitarian aid” and refrain from seizing territory or imposing “demographic change”—which means, in practice, that Gazan civilians can’t seek refuge abroad. These principles don’t merely constitute a separate system of international law that applies only to Israel, but prolong the suffering of the people they are ostensibly meant to protect:

By insisting that Hamas can’t lose any territory in the war it launched, the international community has invented a norm that never before existed and removed one of the few levers Israel has to pressure it to end the war and release the hostages.

These commitments have . . . made the plight of the hostages much worse and much longer. They made the war much longer than necessary and much deadlier for both sides. And they locked a large civilian population in a war zone where the de-facto governing authority was not only indifferent to civilian losses on its own side, but actually had much to gain by it.

Read more at Jewish Chronicle

More about: Gaza War 2023, International Law