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George Will

August 5, 2001

Another crazy UN conference the US shouldn't attend

WASHINGTON--Nowadays, treaties and United Nations conferences have
supplanted little magazines as the preferred places for
``progressive" thinkers to take the latest trends out for strolls
in the sun. Hence the WCARRDXRI. The Bush administration may, in
yet another episode of unilateralism and wisdom, boycott the U.N.'s
World Conference Against Racism, Racial Discrimination, Xenophobia
and Related Intolerance. It will convene Aug. 31 in Durban, South
Africa, to demand an end to, among (BEG ITAL)many other things,
poverty, AIDS, unemployment, wife battering and homophobia, and to
demand more education, electricity, promotion of indigenous
cultures and African access to the Internet.

The terms in the title of WCARRDXRI are wonderfully elastic
(``related intolerance''?). But, then, Americans know something
about such terminological elasticity, having witnessed in their own
law the evolution of the doctrine that almost any policy, custom or
habit that has a ``disparate impact" on a government-approved
grievance group is presumptively an instance of racial
discrimination.

The terms of high-minded treaties often are similarly inclusive.
For example, the United States has ratified the Convention Against
Torture, which defines torture as ``any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted."
Is there any nation that could not be indicted under the convention
by a prosecutor determined to make headlines?

Even Amnesty International, which wants the Bush administration to
send a delegation to Durban, says WCARRDXRI may be promiscuous in
casting aspersions. Consider that judgment in light of the fact
that Amnesty International says NATO was guilty of war crimes in
Kosovo, and its 1999 annual report on human rights abuses devoted
twice as much criticism to Australia as to North Korea, four times
as much to the United States as to Cuba and seven times as much to
Israel as to Syria.

One of the Bush administration's complaints about WCARRDXRI is that
it may revive the infamous 1975 U.N. resolution (repealed in 1991)
equating Zionism and racism. Although the term was not coined until
1892, Zionism, like the Italian Resorgimento and many other forms
of national aspiration, is a product of the French Revolution,
which seeded the world with the idea that people with cultural
affinities can best achieve fulfillment through a revived nation.
Zionism, an especially defensible nationalism, holds that the Jews,
having had a uniquely hazardous history, deserve a common future.
But WCARRDXRI is bedeviled by Arabs who, leaving no stone unthrown
in their war to delegitimize and then destroy Israel, want
WCARRDXRI's declaration to not capitalize the ``h" in Holocaust,
lest capitalization seem to acknowledge the reality of that event,
which many Arab media and schools deny.

Another Bush administration complaint is WCARRDXRI's likely call
for reparations for slavery. Such a call might have wonderfully
entertaining aspects. Lionel Shriver of The Wall Street Journal
Europe notes that reparations might require Ivory Coast to
compensate middle-class American blacks for having sold the
Americans' African ancestors into slavery 200 years ago.

However, a sufficient reason for boycotting the Durban
confabulation is that we have had a surfeit of the diplomacy of
high-minded gestures. Jeremy Rabkin, professor of constitutional
and international law at Cornell, notes that President Clinton
cavalierly signed treaties which he knew the Senate would not
ratify, and hence he would not submit for ratification. The Kyoto
protocol on global warming is an example of what Rabkin calls
``momentary mood enhancers" that leave U.S. diplomacy ``in a
fantasy land of good intentions."

The treaty establishing an International Criminal Court is another.
In a quintessentially Clintonian act, President Clinton signed it,
then urged the Senate not to ratify it, saying he did not agree
with the version he signed. However, under the 1969 Vienna
Convention on the Law of Treaties, a nation that signs a treaty is,
even before ratifying it, obliged not to act in a way that
undermines it.

It is time to stop seeking national safety behind parchment
barriers such as the unverifiable and unenforceable 1972 Biological
Weapons Convention. A new protocol which purports to fix that
convention is the latest example of gesture diplomacy. An
unenthralled President Bush has cast a cold eye on this protocol.

Bush can continue lifting foreign policy up from frivolousness by
refusing to lend to WCARRDXRI the dignity that would derive from
U.S. participation. Critics will say this would ``isolate" the
United States. But for the United States, to be alone is to be in
good company.




�2001 Washington Post Writers Group

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