By Steven Price
Here's the consensus of the international community on the plight of the East Timorese as they are shot and burned and drummed out of their houses: it's appalling.
It's terrible. Peacekeepers should be sent in to save lives. But we can't do a damned thing without Indonesian permission.
Kofi Annan, the United Nations Secretary-General, looked tough on Tuesday when he gave Indonesia 48 hours to quell the violence. But where is the threat? It is as if you phoned up your psychopathic neighbours and said, "Listen, stop murdering your house guests, or by golly I'll ask you to invite me over to protect them!"
The Australians are doing more than most to gear up for action. But they are wringing their hands, too. "You can't go into the territory of another country without that country's approval," says Australian Prime Minister John Howard.
Wait a minute. I didn't notice Slobodan Milosevic sending invitations to Nato warplanes.
Plainly, respect for other countries' turf is a big deal at international law. Equally plainly, it's not the end of the story. As conflicts in Iraq and Serbia demonstrate, sometimes it's okay to attack without permission.
Not that those being invaded always agree. But international law is often less about lawyerly arguments based on clear rules than about power and salesmanship.
What do I hear for our latest-model justification for invading Panama? Yes, sir, that's right, it is missing a wheel, but we prefer to think of it as substantially similar to other cars and, anyway, look at that fine roof-rack.
But there is no need for shonky justifications in East Timor. Seldom in modern history has there been a more compelling case for intervention.
For a start, there is strong evidence of genocide and other gross and widespread human rights violations, abuses that trump most other international law considerations.
Humanitarian concerns like those were enough in many experts' eyes to justify bombing Serbia.
Next, there is the Timorese right to self-determination. The right of geographically and ethnically distinct peoples to govern themselves has long been regarded as fundamental at international law. Arguably, Indonesia is squelching that right. Having voted overwhelmingly for independence, East Timor could plausibly be called a state-in-waiting. All its recognised leaders have called on the international community to come to its aid. The world could legitimately answer that call.
Alternatively, Portugal could lead the way. The UN has never recognised Indonesia's annexation of East Timor. It regards Portugal, the colonial ruler until shortly before Indonesia's invasion in 1975, as the rightful administrative power. Portugal could assert its sovereign right to call for international help to restore order in East Timor and manage its transition to independence.
So, if the world wants to rescue East Timor, international law doesn't necessarily insist on approval from Indonesia.
On the other hand, who wants to pick a fight with a well-equipped, multi-million-soldier, rogue Army?
No wonder we are looking to the UN. And true enough, the Security Council has the power to approve the use of force against a country to maintain international peace and security. But will it exercise that power? Not a chance. China, which can veto any decision, has its own East Timors, and it doesn't want Tibet and Taiwan getting more uppity ideas about independence.
One thing might entice the Security Council to approve a peacekeeping force. You guessed it - Indonesian agreement.
Back to square one. Alas, no one has the stomach to face down Indonesia over a puny little dirt-heap like Timor, no matter what the death-count, unless the United States weighs in. We can wail and posture and mobilise our 350 soldiers and argue Apec protocol all we like, but without American military clout and political leverage, the East Timorese are doomed. If only the UN had listened to Portugal and East Timor's Bishop Carlos Belo and everyone else who pleaded for a contingency plan to deal with the predictable bloodbath around voting time.
If only the countries now righteously condemning Indonesia hadn't so readily supplied it with arms while it slaughtered and starved 200,000 East Timorese after the invasion.
If only we could live up to the trust of those who walked long distances in their Sunday best to cast their votes, believing that at long last the world was going to help set them free.
East Timor is not the only thing being shot to pieces. So is the credibility of the Indonesian Government, the UN and our leaders' strategy of diplomatic engagement.
Comments: sxprice@hotmail.com
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