Tallinn Manual 2.0

9781316630372

Tallinn Manual 2.0 –
On The International Law Applicable to Cyber Operations
By the NATO Cooperative Cyber Centre of Excellence
Cambridge University Press – £49.99

Given the high-octane shenanigans currently taking place amid the Washington corridors of prime narcissistic persuasion – at the vanguard of which stands the vile, most bigoted and unpleasant leader the supposed Free World has ever known – surely it can only be considered a good thing that we have an open book such as this.

A publication which delves into the cyber operati of disingenuous fakedom.

Vladimir Putin’s laire if you will; aided and wholeheartedly abetted by such unsavoury characters as Donald of the Trump, Stephen Bannon, Stephen Miller, Jeff Sessions and dare one come totally clean, the UK’s very own elderly Hitler Youth in disguise, Nigel Farage and Michael Gove.

That’s right folks, the cryptic consortium of Lies Are Us.

Not there so much for the choosing, but rather, the total perversion of (their own miscalculated) justice. All the more reason that Tallinn Manual 2.0 – On The International Law Applicable to Cyber Operations needs to be roundly and justifiably applauded. As not only does it expand upon the highly influential first edition by extending its coverage of the international law governing cyber warfare to peacetime legal regimes, it is also the product of a four-year follow-on project by a new group of 19 renowned international law experts.

In addressing such topics as sovereignty, State responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 ‘black letter’ rules governing cyber operations and provides extensive commentary on each rule. In so doing, it further represent the views of experts in their personal capacity by way of benefiting from the unofficial input of many States and over 50 peer reviewers.

Part I, ‘General International law and cyberspace,’ Part II, ‘Specialised regimes of international law and cyberspace,’ Part III, ‘International peace and security and cyber activities’ and Part IV, ‘The law of cyber armed conflict,’ these 562 pages (excluding International Group of Experts and Participants, a Foreword by the President of the Republic of Estonia, Toomas Hendrik Ilves, a further Foreword by the Minister of Foreign Affairs of the Kingdom of The Netherlands, Bert Koenders, Short Form Citations, Table of Concordance and a Glossary) are, if nothing else, an eye opener of epic, cyber-global proportion(s).

A mere tip of the iceberg of which is conveyed by Professor Michael N. Schmitt in the Introduction: ”The Tallinn Manual’s focus was on cyber operations involving the use of force and those that occur in the context of armed conflict. Although such cyber operations will typically be more worrisome from a national security perspective than those that occur in peacetime, States have to deal with cyber issues that lie below the use of force threshold on a daily basis. There,in 2013, the NATO CCD COE launched a follow-on initiative t expand the Manual’s scope to include the public international law governing cyber operations during peacetime. To do so, it convened a new International Group of Experts consisting of scholars and practitioners with expertise in the legal regimes implicated by peace-time cyber activities.”

From such chapters as ‘Sovereignty,’ ‘Due diligence,”Jurisdiction,’ ‘Obligations of States for internationally wrongful acts,’ ‘Diplomatic and consular law,’ ‘International telecommunications law,’ ‘The law of armed conflict generally,’ ‘Conduct of hostilities,’ ‘Perfidy and improper use,’ ‘Certain persons, objects, and activities,’ ‘Occupation’ and ‘Neutrality,’ these nineteen chapters diligently deliver on some sort of unspoken promise: ”The Netherlands Ministry of Foreign Affairs generously convened States in the Hague Process and has agreed to further support dissemination of the Tallinn Manual 2.0 following its publication. This contribution by the Dutch government helped ensure the Manual is grounded in State understandings of the law and that it addresses the practical challenges States face on a daily basis.”

Undeniably grotesque as the sad thing is, especially in this day and age of the Trump, scholarly thought and consideration by experts would appear to account for nada. That’s not to say this book is without value or without merit (nothing could be further from the truth), but it’s most certainly something worth bearing in mind as we witness humanity slowly self-implode.

David Marx

Dirt Road

9781782118220

Dirt Road
By James Kelman
Canongate – £16.99

According to Roddy Doyle, Dirt Road ”is a brilliant, a deeply moving and exciting novel. The words feel so believable I forgot at times that I was reading fiction.” To be honest, I can only partially agree, as the more I read, the more I felt weighted down by some sort of undercurrent of literary deja vu.

To quote The Talking Heads singer, David Byrne, ”say something once, why say it again?”

Indeed, why say it again, which was uppermost in my mind having read this book, which, albeit terrifically well written, bordered on being rather pregnant in explanation; so much so, that the choice of words didn’t so much as punctuate the imagination, but rather tout themselves in such a way that almost lingered towards being humdrum.

The following excerpts from pages 34 and 214 respectively, being more than pertinent, strident example: Murdo wondered what would happen but nothing did happen. Somebody clapped and somebody laughed, and the accordeon player spoke to people. This was a community place composed of back gardens running into each other; some had fences and some didn’t. Kids played wherever; girls throwing a ball and a couple of boys horsing around. A dozen folk were sitting on chairs. Dotted about the grass. A few were standing” […] ”They were passing through a built-up area. Uncle John was doing his cheery wee whistling now, hardly making a sound other than the breath escaping, how it escapes sometimes like how with the pipes the bag expels air, the breath, huh, hih huh hih huh hih, and the drone, that drone.”

It’s all a bit blah, overtly linear, and dare I say, so what?

Essentially anchored around the two prime protagonists, Murdo, a teenager obsessed with music who dreams of a life beyond his Scottish island home; and his father Tom, who has recently lost his wife and stumbles towards a future underlined with the sort of insecurity which only grief can necessitate.

So in all, a cool premise form which to embark writing; but again, I found the writing merely meandered within the cloying parameters of nigh beige repetition – a quality, which, given Kelman’s very substantial back-catalogue (The Busconducter Hines, A Chancer, How It Was, How Late and You Have To Be Careful In The Land Of The Free to name but four titles), is a tad surprising to say the least.

I can’t help but think that Dirt Road would have benefited greatly had a robust editor been on-board. But what do I know?

David Marx

The Taming Of Free Speech

speech

The Taming Of Free Speech –
America’s Civil Liberties Compromise
By Laura Weinrib
Harvard University Press – £33.95

When civil liberty becomes wholly compartmentalised and chartered as if a cheap and convenient package holiday, one ought to intrinsically know that dark clouds will eventually emerge.
Not by chance.
Not as if deemed there were ever a choice.
Not unless one were to contend with the recent hurdy-gurdy drone of contemptuous, spurious, US inflicted denial thereof. In other words, the bonhomie of Washington’s brazen eradication from that of its own written constitution.

So roll over Thomas Jefferson and tell Donald Trump the news: read this book. Read it at your peril.

Indeed, embrace The Taming Of Free Speech – America’s Civil Liberties Compromise for all it’s worth; as within its eight chapters, authoress Laura Weinrib subliminally invites America’s current administration, to grapple with the gauntlet of its own, high-octane induced folly. The triggered trajectory of which, all but the most inflammatory assistance of the President’s (current) Chief Strategist, Steve Bannon; continues to openly condone America’s roller-coaster of ride of complicit division. The constitutionally decided upon mandate, or so we’re told, whereby nationalism – that all permissive illness inherited from only God knows where – is now allowed to run amok with all the unqualified persistence that only rabid blind faith entails.

Presumably, Kellyanne Conway, ye unleashed Rottweiler of America’s buzzing news networks, would wholeheartedly disagree; but then she probably hasn’t yet gotten round to reading: ”the story of how the radical vision of civil liberties was born and how, very quickly it transformed.” Of how ”at its centre is the American Civil Liberties Union (ACLU), which framed popular and judicial understandings of civil liberties during the interwar period and after.”

It’s hard to imagine Conway and her ilk even having heard of ACLU and that which it represents; all the more reason these 328 pages (excluding Abbreviations, Notes, Acknowledgements and Index) are to be nurtured as if a mode of historical, behavioural instruction: ”[…] historians have long recognized the central role of anti-Red repression in the early annals of free speech, and they have underscored the labour leanings of early civil liberties advocates. Yet most have treated such connections as incidental to, even incongruous with, the underlying civil liberties project. With the modern First Amendment as their benchmark, they have regarded the radicalism of the civil liberties leadership as an impetus for attacking sedition laws or a precursor to a principled speech-protective position: a galvanizing source of outrage over viewpoint discrimination and selective enforcement, but ultimately a bias to be expunged, not an independent motivating vision. Perhaps as a consequence, the dominant literature on the interwar ascendance of expressive freedom has not adequately explained why or how the modern understanding of civil liberties triumphed.”

The key word here being ‘triumphed,’ which partially explains why if nothing else, this book is capable of packing a mighty elongated punch, right into the face of Trump’s very own misconceived trump-card. Namely that of free speech itself – from whoever, from wherever – will not prevail.
Suffice to say, he’s wrong.
And in time, all those myopic, perhaps horribly misguided rust-belt voters with a penchant for the easy way out, will realise as much.

So too, hopefully, will the President’s prime Brexit compadres, Nigel Farage, Michael Gove and to a lesser degree, Theresa May herself.
All of three of whom are at the moment, embarrassingly vying for the big man’s attention.
As if the current cull of Rule, Britannia, weren’t enough.
As if a menagerie of Britain’s lionised lambs ever had it in them to actually know any better.
As if unconditionally led into the epoch of the country’s own disparaging, pending slaughter – ever ”more dreadful from each foreign stroke.” A lullaby of sorts, which, unbeknown to all but the most wizened electorate of sanctified democracy minus free speech, has now been unduly lulled unto a vicious knee-jerk reaction of vainglorious, hateful countenance.

To which many have already pronounced: let the vengeance commence, despite the fact that in: ”in the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labour sympathizers denounced the courts as shills for industrial interests […]. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court […]. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence – often understood as a triumph for the Left – was in fact a calculated bargain.”

A bargain, surely worth it’s weight within the fine parameters of free- speech-actuated gold?

With such chapter headings as ‘Freedom of Speech in Class War Time,’ ‘The Citadel of Civil Liberty,’ ‘The Right of Agitation,’ ‘Old Left, New Rights,’ ‘The Civil Liberties Consensus’ and ‘Free Speech of Fair Labour,’ The Taming Of Free Speech – America’s Civil Liberties Compromise is an overtly bold and authoritative account of the history of free speech in America. Its assimilation thereof, might in some quarters be considered a little too dense, perhaps a little too dry for its own good; but given Weinrib’s acute account of what is clearly a complex subject, this is by the by.

As Mark Tushnet of Harvard Law School substantiates: ”Weinrib’s important reconstruction of the history of our notions of free expression shows how an idea first offered on behalf of labour radicals became transformed into a general account of why all dissent from the conventional should be protected.”

All in all, a major contribution to civil liberties; especially right now – in 2017.

David Marx

From The War On Poverty to the War on Crime

poverty

From The War On Poverty to the War on Crime – The Making of Mass Incarceration in America
By Elizabeth Hinton
Harvard University Press – £22.95

One cannot help but wonder how America’s new president, Donald of Trump Towers, would react to this book. A thought, to which all intents and perpetual purposes of incarceration, is a mode of impossible and inexorable practice, set in place some fifty years ago by President Lyndon Johnson.

Known as the ”War on Crime,” lest it be said that prison cells, unlawful arrest and law enforcement agencies have, for said time period, functioned as the ”central engine of American inequality.” Inequality, being the key word here, as one need look no further than what is happening in the United States right now. In 2017.

A country where one in every thirty-one adults is under some form of penal control, including one in eleven African American men.

It does indeed make one wonder how the supposed land of the free can boast of being the world’s largest prison system; especially when one takes into account that it has more wealth, more oil, more cars, more food-stocks, indeed, more of everything than anywhere else in the world.

Including more guns. And THEREIN lies the fundamental answer to a problem that is clearly out of control.

Out of control, because many would also agree with regards the trajectorial caveat, that America has more than its fair share of stupid people – many of whom buy the guns. Yet, perhaps more importantly still: the country is inundated with greed.

More greed than anywhere you care to name. Not to mention division, whereby most white people automatically receive a far, far bigger share of the pie when compared to their African American compatriots. So it’s hardly surprising the country has more people locked up than any other nation; less surprising still that there are more African Americans in jail than any other racial group. A social breakdown upon which From The War On Poverty to the War on Crime – The Making of Mass Incarceration in America sheds an abundance of clear and refreshing light.

For instance, in the chapter ‘The War On Black Poverty,’ Elizabeth Hinton writes: ”Declining job prospects for African Americans during the second half of the twentieth century exacerbated segregation and poverty in the neighbourhoods where displaced southern agricultural workers congregated. As 2 million white residents left cities for suburban areas, 1.5 million black Americans migrated to industrial centres in the North and West, joined by Latinos and white Appalachians, and moved into the neighbourhoods previously occupied by European immigrants and their children. By the early 1960s, 31 percent of African Americans lived in twelve northern cities, their living conditions characterized by the isolation, marginalization, and exclusion that stemmed from segregation.”

Segregation: a social stasis that throughout these nine chapters, is comprehensively addressed time again as being the most fundamental problem in American society today.
As well as yesterday.
A problem it would seem, that has, and continues to be shamefully exacerbated by society at large and Washington’s domestic policy: ”Under Richard Nixon and his successors, welfare programmes fell by the wayside while investment in policing and punishment expanded. Anticipating future crime, policymakers urged states to build new prisons and introduced law enforcement measures into urban schools and public housing, turning neighbourhoods into targets of police surveillance.

By the 1980s, crime control and incarceration dominated national responses to poverty and inequality. The initiatives of that decade were less a sharp departure than the full realisation of the punitive transformation of urban policy implemented by Republicans and Democrats alike since the 1960s.”

These 340 pages (excluding comprehensive Notes, Acknowledgements and Index), alert us to a problem that has been going on for far too long. So long in fact, it may well end up destroying America. Although it does seem as if Donald Trump is already doing quite well on that score – without any outside assistance whatsoever.

As author of The Silent Majority: Suburban Politics in the Sunbelt South, Matthew Lassiter has said, this is: ”an outstanding book – clear, compelling, and essential. Hinton excavates the deep roots of police militarisation, surveillance of minority communities, and the punitive shift in urban policy. Her argument that liberals were key architects of the war on crime is a necessary and even urgent corrective to conventional thinking about mass incarceration.”

So take note Messrs. Trump and Pence, and add this very fine book to your ever increasing stack of necessary, bedtime reading.

David Marx

Marie Antoinette

ma

Marie Antoinette
By Helene Delalex, Alexandre Maral & Nicolas Milovanovic
Getty Publications – £32.50

I have seen all, I have heard all, I have forgotten all.

I do not share the king’s tastes. He is only interested in hunting and metalwork. I am sure you will agree that I would look quite awkward standing at a forge; I would not make a good Vulcan and if I were to play the role of Venus that would bother him far more than my real tastes, which he does not seem to mind.

The thought of the Viennese born Archduchess dressed as a Vulcan or working in a forge, does make for quite an image. Although had it been a reality, it may just as well have saved her life. That said, this Marie Antoinette essentially examines the the last and ill-fated French Queen’s personal collection at Versailles.

Assembled with all the authority of three curators (Helene Delalex and Alexandre Maral at the Chateau of Versailles, Nicolas Milovanovic at the Louvre Museum in Paris); this sumptuously compiled and altogether stunning book, really is something of a photographic treasure. An artistic approach to a book which sheds oodles of light on a subject, that unless one were actually/regularly in Versailles itself, has continued to remain something of an idiosyncratic enigma. Until now.

That Marie Antoinette (1755 – 1793) continues to intrigue historians, writers and film-makers more than two centuries after her death is a nigh given. Her glamorous role as arbiter of fashion and patron of the decorative arts in the French court, not to mention the overtly dramatic circumstances surrounding her death, still does much to trigger the imagination.

Lest we forget, Antoinette was the only French queen to have her own collection, the Garde Meuble de la Reine, upon which she spared no expense (much to the eventual chagrin of the Parisian populace at large might I add): ”Tracing her life from her upbringing in Vienna as the archduchess of Austria, to her ascension to the French throne, and finally to her execution, the three authors discuss the exquisite objects that populated her surroundings: beautiful gowns, gilt-mounted furniture, Chinese porcelains, and opulent tableware. Her more personal possessions are also represented, including her sewing kit, her harp, her children’s toys, and even the simple chemise she wore as a condemned prisoner. Excerpts from her correspondence offer a further glimpse into her personality and daily life.”

A life it would seem, to which she resolutely and openly adhered.

As much is touched on in the book’s third chapter (‘The Queen’) at the very outset of ‘Queen of Europe’s Greatest Kingdom,’ in which the authors write: ””Although God caused me to be born in the rank I now occupy, I cannot resist admiring the arrangements of Providence who chose me, the youngest of your children, for the greatest kingdom in Europe,” wrote Marie Antoinette to her mother a few days after her accession. Full of youthful beauty, charming and vivacious, the eighteen-year old queen was adored by the people of Paris and greeted with cheers on every public appearance, something that touched her deeply.”

From ‘The Future Queen of France’ to ‘Queen of Fashion,’ from ‘Petit Trianon -The Queen’s Refuge’ to ‘Platonic Love?’ to ‘A Tragic End,’ these 209 pages (excluding Bibliography and Illustration Credits) are throughout, more than substantiated with the most lavish collection of truly wonderful illustrations. Many of which, evoke in the reader, a place of the most exquisite, magisterial design.

Furthermore, a place many of us always knew existed, but one that nevertheless, has always remained (subliminally) hard to define. Hard to clarify. Even hard to come to terms with. Until now.

Marie Antoinette is one of those collections one will invariably return to time and time again, because some of the astonishing beauty within will simply refuse to leave us be.

David Marx

The Rise Of The Far Right

fr

The Rise Of The Far Right –
Populist Shifts and ‘Othering’
Edited by Gabriella Lazaridis, Giovanna Campani
& Annie Benveniste
Palgrave Macmillan – £53.99

”From the 1960s onwards, influences coming directly from the neo-Nazi world, like the Odal or the Celtic cross, the symbol of an SS division, started to fascinate the youngest component of Italian neo-fascism. Introducing these symbols signified a detachment from Italian fascism and a new interest in Nazis and Eastern European fascism. The Romanian Codreanu and the Belgian Degrelle became reference points, together with Julius Evola, whose vision of the ‘tradition’ as a timeless entity running through the history of ancient times led to the discovery of the Nordic sagas (and indirectly to Tolkien’s Lord of the Rings).”

Does the above not highlight the preposterous depths to which the fanatical Far Right will stoop, in order to lend the tiniest thread of credence to their wildly shambolic and dangerous ideology?

Who, in their right mind of appropriated sanity, would even want to be associated with the symbol of an SS division? Let alone embrace it? And to what degree have these sad and utterly misguided people been drained of all self-worth, all sense of self-value; to feel obliged in commandeering Tolkien’s Lord of the Rings into their warped category of humanistic hate?

Will there be no let up?

Will they watch Denial – the new film release which centres on the legal battle for historical truth (between university professor Deborah E Lipstadt and the historian David Irving)?

Of course they won’t.

Just like they won’t read this excellent book.
Although if anyone should read it, it’s surely the likes of Beppe Grillo’s Movimento Cinque Stelle (Five-Star Movement), Marine Le Pen’s Front National, Geert Wilders’ PVV (Partij voor de Vrijheid) and every member of Nigel Farage’s vile UKIP.

The latter of whom are brazenly deciphered in the final chapter of The Rise Of The Far Right – Populist Shifts and ‘Othering,’ where Gabriella Lazaridis and Vasiliki Tsagkroni write: ”The UKIP logo is a pound sign (£), with many activists wearing a gold lapel badge, opposition to the Euro being obviously necessary to the party’s euro-scepticism. Another symbol used is the pint of beer and the fag (cigarette): a number of young activists we interviewed mentioned the pint as something that should be in one’s hand. Party leader Nigel Farage’s most obvious image is that of being in the pub with a pint of bitter or a cigarette in his hand, or both. With its references to elements of British culture, this plays into ideas of Britishness, the ordinary against the elite and freedom from bureaucracy (UKIP would repeal the smoking ban). On occasion UKIP have been described as the ‘BNP in blazers”’ (‘Majority Identitarian Populism in Britain’).

This measured and more than balanced description of UKIP, more or less sets the tonality of these 266 pages as a whole.

With such chapter headings as ‘Neo-Fascism from the Twentieth Century to the Third Millennium: The Case of Italy,’ ‘Far-Right Movements in France: The Principal Role of Front National and the Rise of Islamophobia,’ ‘Right-wing Populism in Denmark: People, Nation and Welfare in the Construction of the ‘Other’ and ‘Posing for Legitimacy? Identity and Praxis of Far-Right Populism in Greece’ (among others), this book traverses nigh every current political persuasion of ‘otherness.’ A mode of thinking, which, if you really think about, harks back to the medieval burning of innocent women who were deemed to be witches.

With the advent of the deplorable Donald Trump as President of the United States, this most enlightening and essential of books, really couldn’t be more timely.

David Marx

Affections

affections

Affections
By Rodrigo Hasbun
Pushkin Press – £9.99

Every now and then, it does seem as if one is living in both a veritable
vacuum of one’s own making – whether by design, whether by default. And such is most definitely the case with the prime protagonists in this seemingly dark investigation into the human psyche.

Affections is admittedly, an affectionate book so far as (three) sisters’ troubled relationships can be concerned; yet it’s also a scenario of political reportage with regards the Bolivian revolution – in which Che Guevara was captured and murdered (supposedly financed by the US government).

But what I found the most alluring and satisfying about the Bolivian, Rodrigo Hasbun’s overtly convincing novel, was it’s all prevailing, under-written humanity – the subliminal trajectory of which, was never far away: ”I saw my sister everywhere. Not a single day went by when I didn’t see her. If the telephone went, my first reaction was always to think it was her. I bought a dog, and then another. I needed to feel like I had company, that someone was always there waiting for me at home […]. It’s not true that our memory is a safe place. In there, too, things get distorted and lost. In there, too, we end up turning away from the people we love the most.”

Written in such a way that is capable of stopping one in their everyday tracks, these 142 pages, are, if nothing else, poignant, powerful and provocative, as substantiated by El Pais: ”Hasbun’s writing has a strange power. He likes to reach into the darkest places. Reading him is like… a journey to the brink of an abyss.”

It’s no wonder this book is the Winner of an English Pen Award.

David Marx