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A warming planet. Backsliding in democracy at home and abroad. Competition with China. And active war in Europe. Broadening conflicts in the Middle East.

The world today is facing no shortage of overlapping, multilateral challenges. At a recent panel titled, “Global Threats Today: What's At Stake and What We Can Do About It,” scholars from the Freeman Spogli Institute for International Studies (FSI) had an opportunity to delve deeper into what the data says about how these global threats are evolving, and how we should be thinking about how to address them.

The discussion, which was held as part of Stanford University's 2024 Reunion and Homecoming weekend, was moderated by Michael McFaul, director of the Freeman Spogli Institute, and featured Marshall Burke, Didi Kuo, Amichai Magen, Oriana Skylar Mastro, and Steven Pifer.

In the highlights below, each scholar shares what they wish people understood better about climate change, the war in Ukraine and Russia's aggression, China's strategy for building power, the health of American democracy, and how the fighting between Israel and Hamas fits into the geopolitical struggle between democracies and autocracies.

Their full conversation can be heard on the World Class podcast, and the panel can be watched in its entirety on YouTube.
 

Follow the link for a full transcript of "Global Threats Today: The 2024 Edition."


Illiberal Actors Are on the Move  |  Amichai Magen


Around the world, we are seeing a new axis of influence coalescing. Some have called it the "axis of misery" or the "axis of resistance." It is composed of Russia and Iran and North Korea, with a lot of Chinese involvement as well. It is transforming our international system in unbelievable ways. It is united by the desire to dismantle the liberal international order, and we're starting to see the nature and the interconnectivity of this new axis of chaos much more clearly. 

You see North Korean soldiers fighting for Putin in Ukraine. You see Putin helping the Houthis attack international Western shipping in Yemen. We see North Korean tunnel technology turn up in Lebanon with Hezbollah and then with Hamas in Gaza. The interconnectivity is something that we really need to know much more about.

Historically, emperors, kings, dukes, used to spend 50% of their resources on preparing for war or waging war. But in the post-Second World War era, we built a critical norm that we've called the liberal international order. And the miracle of the liberal international order is that we've managed to take global averages of defense spending from about 50% to a global average of about 7%. And the resulting surplus wealth has allowed us to invest in education, health, and scientific discovery.

What is at stake now is the possibility of a return of a norm where states are destroyed and disappear. And we have currently three states in the international system, at the very least — Ukraine, Israel and Taiwan — that are at risk of annihilation. To that end, we must articulate a positive strategic vision for the Middle East that will strive towards a two state solution, that would give the Palestinian people the dignity and the freedom that they deserve alongside a safe and secure Israel, and that will leverage the new spirit of cooperation that exists in the Middle East.

If we allow the norm of the non-disappearance of state to erode and collapse, we will go back to the law of the jungle, where we will have to spend so much more money on the wrong things. That is what is at stake in Ukraine, in the Middle East, and with Taiwan.
 

Amichai Magen

Amichai Magen

Visiting Fellow in Israel Studies at the Freeman Spogli Institute
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Challenges to Democracy Come From Within |  Didi Kuo


Many people think that the threat to democracy comes from outside our borders, particularly from countries like Russia and China that are asserting themselves in new and aggressive ways.

But the real threat to democracies that we're seeing across the globe is coming from within. Leaders come to power through democratic means, but then they begin to erode power from within. They attack the electoral system and the process of democratic elections, and they take power from other branches of government and aggregate it to themselves within the office of the executive. 

The good news is there are examples of countries like France, Brazil, and Poland where illiberal leaders have been stopped by pro-democracy coalitions of people who came together. These coalitions don't necessarily agree with each other politically, but they've come together and adapted in order to foreclose on these anti-democratic forces. 

That flexibility and adaptability is the reason democracies succeed. We see this over and over again in the the United States. When our institutions have become out of date, we've changed them. We extended suffrage, first to Black Americans who were formerly enslaved, then to women, then to Native Americans. We eliminating poll taxes and rethought what it means to have a multiracial democracy. We have a long track record of making changes.

Today in 2024, some of our democratic institutions are antiquated and don't reflect our contemporary values. This is a moment where we should lean into that flexible strength of democracy and think about institutional reforms that will both strengthen our system against illiberal creep and help us better achieve the ideals that we aspiring to as a people.
 

Didi Kuo

Didi Kuo

Center Fellow at the Center on Democracy, Development, and the Rule of Law
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Ukraine Is Not Fated to Lose |  Steven Pifer


There's a narrative that's taking place that Russia is winning the war, Ukraine is losing, and it's only a matter of time. And it is true that Russia has captured a bit more territory than they occupied at the start of the year. But they've only achieved that at enormous cost.

As of September, the Pentagon says Russia had lost 600,000 dead and wounded soldiers. To put that in context, in February of 2022 when this major invasion began, the total Russian military — not just the army, but the total Russian military — was 1.1 million people. And the British Ministry of Defense earlier this week assessed that Russia now is losing 1,200 soldiers killed or severely wounded per day. You have to ask how long that's sustainable.

When I talk to Ukrainians, they still regard this war as existential. They're very determined to win, and we need to do a better job of supporting that. A stable and secure Europe is vital to America's national security interests, and you're not going to have a stable and secure Europe unless there's a stable and secure Ukraine. So we need to both provide them the weapons they need and relieve some of the restrictions we currently have and allow the Ukrainians to use those weapons to strike military targets in Russia.

Because we have to ask ourselves: what does an emboldened Vladimir Putin do if he wins in Ukraine? I don't think his ambitions end with Ukraine, perhaps not even with the post-Soviet space. There's going to be a much darker Russian threat hovering over Europe if Putin wins. So let's not count the Ukrainians out.
 

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Steven Pifer

Affiliate at the Center for International Security and Cooperation and The Europe Center
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China Isn't Going Away Anytime Soon  |  Oriana Skylar Mastro


There is a lot of discussion right now about the fact that the economy in China is slowing down and its demography is undergoing significant changes. What I'm here to tell you is that the challenge of China is not over, and is not going to be over any time soon. China has built power in a different way than the United States, and we have to reassess how we understand that power if we want to effectively deter, blunt, and block them from acting out in ways that threaten our partners and allies.

Since the 1990s, China has developed a significant amount of political, economic, and military power. They've gone from having an economy smaller than France’s  to the second largest in the world. They've gone from not being involved in international institutions to a great degree, not even having diplomatic relations with major countries like South Korea, to now having stronger and greater diplomatic networks, especially in Asia, than the United States.

What we really need to understand is that the U.S.-China competition is not about the United States or about China; it's about the rest of the world, and how the rest of the world sees us and how China interacts with us. The balance of power is shifting, and we have to be a lot smarter and a lot faster if we want to make sure it shifts in favor of our interests.

The United States hasn't had a comprehensive strategy towards the developing world in a long time. And we are running out of time to get that balance right in Asia. We don't have the right stuff. We don't have it in the right numbers, and it's not in the right place. Some of this is about deterring war over Taiwan, but it's also about generally maintaining peace and stability in Asia.
 

Oriana Skylar Mastro

Oriana Skylar Mastro

FSI Center Fellow at the Asia-Pacific Research Center and the Center for International Security and Cooperation
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We're Doing Better (But Not Enough) on Climate Change |  Marshall Burke


Many people don't recognize how much progress we're actually making on climate issues. Emissions have fallen by 20% since 2005. We're actually speeding up the amount of substantial progress being made in reducing greenhouse gas emissions and dealing with the core climate change problem, which is the human emission of greenhouse gasses.

In the United States, the Inflation Reduction Act and the subsequent implementation of various rules the Biden administration has championed has given a huge boost in transitioning our economy to greener energy technologies, transportation technologies, and other kinds of infrastructure. We're moving a lot of cash to get that done, and the president is trying to get as much of it out the door as he can before his term ends.

Globally, the progress has been less rapid. Emissions are roughly flat. But overall, we're still making progress. I co-teach an undergraduate class on climate change, and we've had to update our slides on how much warming we're expecting over the next century. We thought it was going to be four degrees Celsius. Now we think it's going to be something between two and three degrees Celsius.

But the flip side of that is that we're still going to get warming of two to three degrees Celsius. We're already experiencing warming of about a degree Celsius, which is about two degrees Fahrenheit, and it's projected that we're going to get another three to five degrees Fahrenheit by the end of the century. That is a lot of warming, and we are not prepared to deal with it. We need to do much more on mitigation and much more on adaptation if we're going to meet the realities of living in a changing climate.

So we've had progress on the one hand, but there's still a lot of work left to do in the coming decades.
 

Marshall Burke

Marshall Burke

Deputy Director of the Center on Food Security and the Environment
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[Left to right]: Michael McFaul, Marshall Burke, Steven Pifer, Oriana Skylar Mastro, Didi Kuo, and Amichai Magen on stage.
Scholars from the Freeman Spogli Institute for International Studies offered their insights on climate change, the war between Russia and Ukraine, China's ambitions, the current conflicts in the Middle East, and the state of global democracy during a panel held at Stanford's Reunion weekend. | Melissa Morgan
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At a panel during Stanford's 2024 Reunion weekend, scholars from the Freeman Spogli Institute for International Studies shared what their research says about climate change, global democracy, Russia and Ukraine, China, and the Middle East.

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Join us for an engaging conversation with Ambassador of Lithuania to the United States Audra Plepytė and Director of the Freeman-Spogli Institute Michael McFaul on Russia’s war against Ukraine, its global implications, and transatlantic support to Ukraine

As we are nearing 1,000 days of Russia’s full-scale war against Ukraine, the debate in Washington, D.C., and European capitals remains on what Ukraine can and cannot do to defend itself, its territory, and the whole democratic world. Lithuania has been among the most vocal supporters of Ukraine advocating that instead of Western commitments to stand with Ukraine as long as it takes, commitment to Ukraine’s victory is needed.

The event will feature a discussion on what is at stake in Russia’s war on Ukraine and why it matters beyond Ukraine and Europe. Ambassador Plepytė and Professor McFaul will discuss security on NATO’s Eastern flank, Western strategy for Ukraine, and the U.S. role in standing up to the new ‘axis of evil’ in defense of democracy and the free world.

Opening remarks will be delivered by Michael Keller, Vice Provost and University Librarian.

This in-person event is free and open to the public. RSVP is requested.


 

Audra Plepytė, Ambassador of Lithuania to the U.S.

Ambassador Audra Plepytė was appointed as Lithuania’s Ambassador to the United States of America and to the United Mexican States in 2021. Before this she was a Lithuanian Permanent Representative to the United Nations where she facilitated several negotiations, led the Group of Friends, and was elected to executive bodies of UN instruments and institutions, including being elected as the President of the Executive Board of the United Nations Children’s Fund (UNICEF) in 2021. As a career diplomat for over 30 years, she has held numerous positions within the Lithuanian Ministry of Foreign Affairs, dealing with bilateral and multilateral issues, heading the European Union Department (2014–2017), the Personnel Department, and International Missions and Conflict Prevention Division. She was also Lithuania’s ambassador to Spain, World Tourism Organization from 2010 till 2014.
 

Michael McFaul

Michael McFaul is Director at the Freeman Spogli Institute for International Studies, the Ken Olivier and Angela Nomellini Professor of International Studies in the Department of Political Science, and the Peter and Helen Bing Senior Fellow at the Hoover Institution. He joined the Stanford faculty in 1995. He served for five years in the Obama administration, first as Special Assistant to the President and Senior Director for Russian and Eurasian Affairs at the National Security Council at the White House (2009-2012), and then as U.S. Ambassador to the Russian Federation (2012-2014).


 

This event is part of Global Conversations, a series of talks, lectures, and seminars hosted by Stanford University Libraries and Vabamu with the goal of educating scholars, students, leaders, and the public on the benefits of but also challenges related to sustaining freedom.

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CDDRL seminar with James Fearon - A Theory of Elite-initiated Democratization, Illustrated With the Case of Myanmar

Around half of democratic transitions are "top-down" in the sense that the autocrats write the constitution that governs post-transition democracy (Albertus and Menaldo 2015). We analyze a model of elite-driven democratization, illustrating its logic and implications in the case of Myanmar.  In the model, continued dictatorship is costly and inefficient due to the risk of a violent rebellion and, possibly, the increase in aid, trade, and geopolitical support that would follow democratization. But the autocrats fear that fair elections would lead quickly to their marginalization. We argue, contrary to a common suggestion, that paper constitutions that provide veto points for the old elite are not by themselves sufficient protection. Top-down "democratic transitions" are really cases of power-sharing, in which the old elite retains de facto control of rent streams that the opposition cannot unilaterally seize simply by changing laws. As the military's coup threat declines over time, democracy may eventually "consolidate."  If the coup threat declines dramatically and is anticipated to do so, a reversion back to autocracy is possible. We also show how the prospect of increased international aid, trade, and investment makes top-down transitions more likely, though only when post-transition power-sharing is feasible.

ABOUT THE SPEAKER

James D. Fearon is Geballe Professor in the School of Humanities and Sciences, and Professor of Political Science at Stanford University, and a Senior Fellow at Stanford’s Freeman-Spogli Institute for International Studies. His research has focused on civil and interstate war. He has also published on international relations theory, democratization, foreign aid and institution building, and post-conflict reconstruction. Fearon is an elected member of the National Academy of Sciences (2012) and the American Academy of Arts and Sciences (2002), and a member of the Council on Foreign Relations. From 2007 to 2010, he was Chair of the Department of Political Science at Stanford. He served as a Senior Adviser in the U.S. Department of Defense in 2021 and 2022, where he worked primarily with the production and implementation team for the 2022 National Defense Strategy.

Virtual to Public. Only those with an active Stanford ID with access to Encina E008 in Encina Hall may attend in person.

Hesham Sallam
Hesham Sallam

Virtual to Public. Only those with an active Stanford ID with access to E008 in Encina Hall may attend in person.

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Stanford University
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Senior Fellow at the Freeman Spogli Institute for International Studies
Theodore and Frances Geballe Professor in the School of Humanities and Sciences
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James Fearon is the Theodore and Frances Geballe Professor in the School of Humanities and Sciences and a professor of political science. He is a Senior Fellow at FSI, affiliated with CISAC and CDDRL. His research interests include civil and interstate war, ethnic conflict, the international spread of democracy and the evaluation of foreign aid projects promoting improved governance. Fearon was elected to the National Academy of Sciences in 2012 and the American Academy of Arts and Sciences in 2002. Some of his current research projects include work on the costs of collective and interpersonal violence, democratization and conflict in Myanmar, nuclear weapons and U.S. foreign policy, and the long-run persistence of armed conflict.

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Affiliated faculty at the Center on Democracy, Development, and the Rule of Law
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Our project studies the role that fiction and non-fiction for the young audience play in present-day Russia and, more specifically, in the conceptualization of the full-scale invasion of Ukraine. In four critical essays, we explore the representations of the military/war-time experience in four editions for children, two of which are created and disseminated with the assistance of the state (Azbuka o Vazhnom, Zhit – Rodine sluzhit), and two others are published by independent publishing houses (Zver 44, Voina vs Detstvo). Our goal is to compare attitudes towards the war and broader, general ethical systems, communicated through these texts, and artistic devices, used to achieve these goals. We demonstrate that there is an ongoing ideological battle between the official political and liberal narratives in the children 's literature in Russia.

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This paper investigates the critical role of private satellite constellations, particularly Starlink, in the ongoing Russia-Ukraine conflict. It delves into how these systems are employed for intelligence gathering, communications, and logistical support, emphasizing their strategic importance in modern warfare. The research contributes to the discourse on the militarization of space assets, providing a nuanced understanding of the intersections between technology, ethics, and warfare.

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CDDRL Honors Student, 2024-25
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Major: Political Science
Hometown: Sacramento, California
Thesis Advisor: Condoleezza Rice and Stephen Kotkin

Tentative Thesis Title: The Sahelian Coup Belt: Authoritarian Capture and Serial State Failure

Future aspirations post-Stanford: After my undergraduate studies, I hope to pursue a Master's degree in International relations with a concentration on theories of state failure, international policy, and great power competition. I also intend to complete a J.D. program with a focus on national security law. I ultimately hope to serve in the federal government within the diplomatic, defense, or intelligence agencies.

A fun fact about yourself: I type at 120 words per minute! 

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This article originally appeared in The Stanford Daily.

European Union (EU) High Representative for Foreign Affairs and Security Policy Josep Borrell M.S. ’75 visited the Hoover Institution on Monday for an event hosted by the Freeman Spogli Institute for International Studies (FSI).

In a keynote speech followed by a conversation with the institute’s director and former ambassador to Russia, Michael McFaul, Borrell delved Europe’s crucial role and responsibilities in addressing ongoing war in Ukraine and Gaza, as well as geopolitical security and emerging technology more broadly.

Borrell emphasized the need for EU countries to collectively adapt to the changing geopolitical landscape and increase their strategic responsibility. He stressed the importance of European unity in the face of challenges posed by Russia’s aggression in Ukraine and the ongoing Israel-Gaza war, noting that the security landscape has “dramatically changed.”

“Europe has to learn to speak the language of power,” Borrell said, emphasizing the need for Europe to increase its military capacities while utilizing all available tools to face global challenges.

Listen to Representative Borrell's full discussion with Michael McFaul below on a special episode of World Class podcast.

Follow the link for a transcript of "Strategic Responsibility in the EU, United States, and Beyond."

Regarding the Israel-Gaza war, Borrell called for a political process that would empower the Palestinian Authority and reach a solution for peace, describing the current state as “a stain on human consciousness.” He urged the international community to push for a ceasefire, secure the release of hostages, and ensure better access to humanitarian aid in the region.

“It is not a natural catastrophe what is happening in Gaza. It is not an earthquake, it is not a flood when you come and help people suffering the consequences. [It] is a manmade disaster, is a manmade catastrophe,” Borrell said.

Among the other global challenges Borrell called for Europe to address was the continent’s dependence on China for critical materials and technologies. He emphasized the importance of coordinating with the US to counter China’s growing influence in the global economic and political sphere.

“More coordination in front of China should be one of the most important things that the Europeans and the Americans should do in order to balance the challenges of this world,” Borrell said.

More broadly, Borrell spoke to the importance of coordination between the US and EU to work globally to protect “political freedom, economic prosperity, and social cohesion.”

Borrell acknowledged that the United States is a global leader in emerging technologies, particularly artificial intelligence, and stressed the importance of cooperation on trade and technological innovation. He expressed concern that regulatory hurdles may be hindering the EU’s ability to catch up with the U.S. in the technology sector and emphasized the significance of transatlantic collaboration in shaping the future of technology.

“I am happy to know that we are partners in building a responsible and human-centric technological innovation,” Borrell said.

The importance of partnership across countries was a throughline in Borrell’s speech, as he concluded with a reminder of the interconnectedness of global security and social well-being. “You cannot be secure at home if your neighbor is not eating dinner.”



Watch High Representative Borrell's full keynote remarks below. Video courtesy of the European Commission.

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Michael McFaul [left], the director of the Freeman Spogli Institute for International Studies, speaks with Josep Borrell [right], High Representative of the European Union for Foreign Affairs and Security Policy, during an event at Stanford University on May 13, 2024.
European Union High Representative Josep Borrell visited Stanford University to discuss Europe's strategic responsibility in Ukraine, Gaza, and the digital sphere. | Melissa Morgan
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Borrell emphasized the need for EU countries to adapt to the changing geopolitical landscape and increase their strategic responsibility, whether in responding to Russian aggression in Ukraine, the crisis in Gaza, or competition with China.

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Flyer for the seminar "Militarization Overlooked: Rethinking the Origins of Indonesia's New Order," with a portrait of speaker Dr. Norman Joshua.

In the conventional narrative, the genesis of Indonesia’s authoritarian military regime known as the “New Order” is often depicted as a sudden event catalyzed by the kidnapping and killing of six Army generals on September 30th-October 1, 1965. General Suharto, who avoided capture, seized the opportunity to establish a military autocracy that would endure for over three decades (1966-1998). Yet scholars have portrayed the 1950s favorably as a time when Indonesia experimented with liberal and constitutional democracy. By that implication, the New Order was an unforeseen anomaly. Joshua’s research challenges this view. He will argue that the 1950s in Indonesia were beset by underdevelopment, insecurity, disorder, and conflict, which promoted militarization that ultimately paved the way for the New Order’s ascendance. This militarizing process, he will show, offers fresh insight into an understudied period in Indonesian history and helps us better understand the origins of authoritarian military regimes worldwide.

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Norman Joshua is a historian working on civil-military relations and authoritarianism in Southeast Asia.  Other topics covered in his publications include revolutionary politics, counterinsurgency, intelligence, and the political economy of petroleum in Indonesia. He obtained his M.A. and Ph.D. in history from Northwestern University in 2018 and 2023 respectively, where he was also an Arryman Scholar at the Northwestern Buffett Institute for Global Affairs from 2016 to 2023.

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Donald K. Emmerson
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Shorenstein Postdoctoral Fellow on Contemporary Asia, 2023-2024
normanjoshua.jpeg Ph.D.

Norman Joshua was a Shorenstein Postdoctoral Fellow on Contemporary Asia for the 2023-24 academic year. He obtained his Ph.D. in History fom Northwestern University. His research interests revolve around the histories of authoritarianism, civil-military relations, and economic history in Southeast Asia and East Asia. He is particularly interested in the relationship between historical experiences and the emergence or consolidation of authoritarian governance.

Norman’s dissertation and book project, “Fashioning Authoritarianism: Militarization in Indonesia, 1930-1965,” asks why and how the Indonesian military intervened in non-military affairs before the rise of the New Order regime (1965-1998). Using newly obtained legal and military sources based in Indonesia and the Netherlands, the project argues that the military gradually intervened in the state and society through the deployment of particular policies that were shaped by emergency powers and counterinsurgency theory, which in turn ultimately justified their continuous participation in non-military affairs.

His research highlights the role of social insecurity, legal discourses, and military ideology in studying authoritarianism, while also emphasizing the significance of understanding how durable military regimes legitimize their rule through non-coercive means.

Norman’s other works study revolutionary politics, counterinsurgency, military professionalism, intelligence history, and the political economy of petroleum in Indonesia. His first monograph, Pesindo, Pemuda Sosialis Indonesia 1945-1950 (2015, in Indonesian) examines the politics of youth groups in early revolutionary Indonesia (1945-1949).

At APARC, Norman developed his dissertation into a book manuscript that transcends the boundaries of his initial study. By broadening the scope of his research, he aims to trace the historical and social contexts upon which military authoritarian regimes legitimize their rule through non-coercive mechanisms, thereby enriching our understanding of the long-term effects of colonialism, war, and revolution on societal norms, values, power structures, and institutions

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Norman Joshua, Shorenstein Postdoctoral Fellow on Contemporary Asia, 2023-2024, APARC, Stanford University
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As part of on ongoing effort by the Freeman Spogli Institute for International Studies (FSI) to provide research-based programming on the current situation in the Middle East, Scott Sagan and Allen Weiner joined moderator Janine Zacharia at an event co-sponsored with the Stanford Law School to discuss the legal framework of war and how the current conflict in Gaza fits into those precepts.

Scott Sagan is senior fellow at FSI and co-director of the institute’s Center for International Security and Cooperation. Allen Weiner, an FSI affiliate, is a senior lecturer in law and director of the Stanford Program in International Law at Stanford Law School, and a former legal counselor at the U.S. Embassy in The Hague. Janine Zacharia is a lecturer in the Department of Communication.

Their discussion took place  before a Stanford student audience.



Conduct in Conflict


To understand how the principles of just war theory are relevant  today, Dr. Sagan began by outlining what they are and where they came from.

Principles governing honorable and dishonorable conduct in conflict have ancient origins, but the most comprehensive foundations of the law of armed conflict, or international humanitarian law, originate from the four Geneva Conventions concluded in the years following WWII and the bombing of Hiroshima and Nagasaki, Japan, with atomic weapons. Beginning in 1949, these conventions provided an important set of agreements governing the rules of war. In the 1977 Additional Protocols, these agreements were developed and expanded on in greater detail to create the framework recognized internationally today.

However, as Sagan noted, neither Israel nor the United States is party to the Additional Protocols of the 1977 Geneva Convention.  Nevertheless, both countries accept that some of the foundational principles codified on the Protocols constitute customary international law, and are thus legally binding on them.
 

Key Principles of the Laws of War


In their discussion, Sagan and Weiner focused on three principles in particular: the principle of distinction, the principle of proportionality, and the principle of precaution. As defined by Sagan, they state the following:

Principle of Distinction — Only military targets are permissible in conflict; civilians and civilian targets are not permitted. It is left up to warring parties to determine what constitutes each one. 

Principle of Proportionality — Collateral damage will occur in war, even if civilians are not targeted. Therefore, militaries must weigh the advantage of attacking a particular target compared to the harm that it will do to civilians. Attacking a military target of high importance, even if it entails the risk of harming many civilians, might be acceptable, but attacking a target of low-importance with high potential for collateral damage is unacceptable.

Principle of Precaution — Military commanders must take precautions to limit the amount of civilian damage while pursuing targets.

Expanding on that, Weiner also reminded the audience of what the principles of armed conflict are not:

“The laws of war are not the same as human rights law,” he emphasized. “They recognize the existence of war. They recognize that armies are going to engage in killing and destruction. International humanitarian law is designed to minimize the worst suffering that war causes.”
 

The Laws of War in Practice


While these principles provide a general framework, applying them to the specific case of Israel and Hamas is legally complex.

“There is a lot of flexibility and discretion in the application of these laws,” Weiner explained.

The status of Gaza adds another layer of complication. As a sui generis entity, it falls into a gray zone of independent legal classification. Originally part of the Palestinian Mandate, after the Arab-Israeli 1948 war, it was controlled by Egypt until 1967. Israel took control of the territory at the end of the 1967 Six-Day War.  Around the time of 1979 Camp David Accords, Anwar Sadat relinquished any territorial claims Egypt might have to the territory.  Israel withdrew its military forces and citizens from the Gaza Strip in 2005, and since 2007 the territory has been governed by Hamas, which is not the recognized government of Palestine, whose status as a state is likewise contested on the geopolitical stage.

“All of these issues create incredibly complex issues regarding which bodies of law apply to Gaza,” says Weiner.

Beyond the contestation about what legal rules apply to this conflict between Israel and Hamas, and how they should be interpreted, another confounding issue in analyzing the application of laws governing the use of force is the scarcity of reliable, clear facts about what is or is not happening in Gaza. As other Stanford scholars have reported, misinformation about the Israel-Hamas war has been rampant, further fueling animosity and anger both on the ground and online.

Speaking to this, Weiner acknowledged, “I am not able to ascertain with confidence what the facts are around many actions taking place on the ground. And that makes commenting as an outsider about the application of the laws of war in this situation extremely difficult and fraught. We have to be modest and we have to be humble about this.”
 

Questions of Scale


Because many key facts regarding what has and is happening on the ground in Gaza remain unclear, Sagan and Weiner refrained from offering definitive opinions on if or how the rules of war are being violated.

Both scholars agreed that Israel’s goal of eradicating Hamas as the governing entity in Gaza as a response to the attacks on October 7 was a legitimate goal. But each was quick to caution that legitimacy alone is not always the best guiding principle in cases of conflict.

“We need to recognize that there can be acts which are lawful, but awful,” Sagan reminded the audience. “The aims may be legitimate, but if in pursuing those aims you are creating more terrorists than you are killing, the aim you had may have been lawful in terms of its scope, but awful in terms of its consequences.” 

Weiner returned to the principle of jus ad bellum proportionality in thinking about the consequences of scale in responding to an attack such as the one conducted by Hamas on October 7. That principle is different from the jus in bello concept of proportionality, which requires the military advantages of a particular action to be weighed against civilian harms. Under jus ad bellum proportionality, there is also the need to weigh whether the overall scope of a military campaign is proportional to the cause that triggered the response.

But, Weiner cautioned, the jus ad bellum proportionality test “is among the most notoriously fuzzy and ambiguous standards that is used.”  

Looking specifically at Gaza, Weiner continued, “I stipulate that destroying Hamas is a legitimate war aim for Israel under these circumstances. But if you can’t do that without causing excessive damage, I do wonder whether the goal of the state in resorting to war has become greater than the harm it is causing.”
 

Beyond Revenge


While laws and legal precedent may provide a type of formal structure for conduct in conflict, Sagan and Weiner also acknowledged the very impactful role that emotion and human impulses play in how the spirit of those structures are interpreted. 

Speaking to data he and colleagues have collected on the relationship between identity, nationalism, and the ethics of war, Sagan admitted that, “I am concerned that in this conflict and others, the desire for vengeance can easily cloud judgements about what is right and what is wrong.” 

Reflecting on his own experiences, Weiner offered this consideration:

“Having lived through the American response to 9/11, I felt that because there was so much demand for retribution and for vengeance, something about our norms and values and practices changed in the United States. And, clouded by that sense of vengeance, I think after 9/11 the United States made a series of decisions that turned out to be very bad decisions from a national security standpoint and a humanitarian standpoint. And I do worry that the same might be true in Israel, particularly in respect to the scope of the war aims that it is setting.”

As the conflict continues and more information becomes available, Sagan encouraged those in attendance to be judicious and open in their thinking and analysis, even — and particularly — when that may be uncomfortable.

“In cases like the one we are witnessing now, we have to be very strict about what are facts and what are values. We have rights to our own values and our own interpretations. But we don’t have rights to our own facts,” said Sagan.

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Scott Sagan and Allen Weiner discuss the laws of armed conflict and principles of just war theory in the context of the war currently being waged in Israel and the Gaza Strip at an event moderated by Janine Zacharia at the Stanford Law School. | Melissa Morgan
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Scott Sagan and Allen Weiner explain the principles that govern the laws of armed conflict and the current war between Israel and Hamas.

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If you had five minutes to speak with the president of the United States, what would you say? That’s the question Michael McFaul, director of the Freeman Spogli Institute for International Studies, posed to FSI scholars at a Stanford 2023 Reunion Homecoming event.

The discussion, “Global Threats Today: What's At Stake and What We Can Do About It,” centered around five major challenges currently facing the world: political dissatisfaction and disillusionment at home, tensions between China and Taiwan, the consequences of climate change, the ongoing war between Russia and Ukraine, and the conflict between Hamas and Israel.

Speaking to each of these areas of concern and how they overlap, FSI scholars Didi Kuo, Larry Diamond, Marshall Burke, Michael McFaul, and Amichai Magen offered their perspectives on what can be done. You can listen to their full conversation on the World Class podcast and browse highlights from their policy ideas below.

Follow the link for a full transcript of "Global Threats: What's at Stake and What We Can Do About It."


Reform the Electoral College |  Didi Kuo


One of the major problems people feel right now in American politics is that their voices aren’t heard. We live in what my colleague Francis Fukuyama calls a "vetocracy," meaning there are a lot of veto points in our system.

In a lot of other democratic institutional configurations, you have rule by the majority. But in the United States, we have an institutional configuration that allows a very small group — for example, 15 people in the House of Representatives — to hold up government in various ways. We see this in dramatic examples on the national level, but it also trickles down to the local level where you see it in issues like permitting hold-ups.

Reforming the Electoral College would be a very direct way of changing that vetocracy. The United States is one of the only advanced democracies that has this indirect system of elections. If all the votes counted equally and all the presidential candidates had to treat all of us the same and respond to us equally in all 50 states, it would do a lot to show the power of the popular vote and realign us more closely to the principle of majoritarianism that we should seek in our institutions.

Didi Kuo

Didi Kuo

Center Fellow at the Freeman Spogli Institute
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Allow Taiwan to License Weapons Production |  Larry Diamond


My recommendation is deterrence, deterrence, deterrence. It is not inevitable that the People's Republic of China is going to launch an all-out military assault on Taiwan. But if the United States does not do more to make that a costly decision, the likelihood it will happen are exponentially higher.

Deterrence works. The United States deterred the Soviet Union from moving against West Berlin and much of Europe for decades. But it only works if you have a superior force.

To that end, the United States needs to pre-position more military force in the region. There's now a $12 billion backlog of weapons that Taiwan has ordered and paid for but hasn't received yet. That’s because the American defense production system is completely broken. This is the same reason why we can’t get weapons to Ukraine at the pace we need there.

This issue could be fixed, at least in part, if we licensed the production of some of these weapon systems directly to Taiwan. Their ability to build plants and produce these systems is much more agile than our own, and so licensing the rights to production would dramatically increase the deterrence factor against China, in addition to deepening our cooperation with allies throughout the region.

Professor Larry Diamond

Larry Diamond

Mosbacher Senior Fellow in Global Democracy at FSI
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Pursue Climate Mitigation AND Adaptation |  Marshall Burke


There are three things we can do in response to climate change: we can mitigate, we can adapt, or we can suffer. We’re off to a good start, but we have decades of long slog ahead of us to get that right. And it's not just us; even if we do a good job, we depend on other countries to also do a good job. The Biden administration has already been engaged on some of that front, but there’s more work to do there.

And even with our best efforts, we are not going to be able to move as fast as we want or mitigate our greenhouse gas emissions as quickly as we need to avoid climate change. So, we're going to have to live with some climate change, which means adaptation. And if we can't adapt, then we're going to suffer. 

The key point is that we are very poorly adapted to today's climate, much less the climate we're going to have 30 or 50 years from now. The West Coast and California are prime examples of this. There have been monumental wildfire seasons there the last few years, and there are significant negative health impacts from smoke exposure. I see it in my own home, even as someone who studies this and should know better and do more to reduce those risks.

The point is, we're really poorly adapted to the current climate, and things are going to get a lot worse. We need to focus on mitigation; it’s still really important and we need to get it done. But at the same time, we need to figure out how to adapt and live with the changing climate that we're going to experience.

Marshall Burke

Marshall Burke

Deputy Director of the Center on Food Security and the Environment
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Weapons for Ukraine, Sanctions on Russia |  Michael McFaul


When I was in Kyiv this September, I had a chance to meet with President Zelenskyy, and he pointed out an absolutely crazy reality. Companies in the United States and Europe are still making tens of thousands of dollars in profits from selling various technologies that ultimately end up in Russia. It’s getting in through places like Hong Kong and Kazakhstan and Belarus and Georgia, and it allows Russia to keep waging its horrific war.

At the same time, the United States is spending millions of dollars to arm Ukraine with systems to shoot down the Russian rockets that were built using the components they got from the West. That’s completely illogical, bad policy. I know it’s hard to control technology, but we have to find a better way than what we’re doing right now. If you're an American taxpayer, that is your money being wasted.

That means more and better weapons for Ukraine, faster. And that means more and better sanctions on Russia, faster. That is the way to speed the end of this war.

Michael McFaul

Michael McFaul

Director of the Freeman Spogli Institute
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Be Confident in America |  Amichai Magen


Just a few short years ago, we were all talking about the decline of the United States. I think that is far from inevitable. People speak about the 20th century as the “American Century.” The 21st century can also be the American Century. It's in our hands.

Be bullish on America. Be confident in America. Rediscover the spirit of America for adaptation and innovation and entrepreneurship. We need to wake up from the break we’ve taken from history in the post-Cold War era and rally once again in our spirit, our research, and our intellect.

We need to find new solution structures to the great challenges of our era: environmental challenges, AI, biotechnological challenges, nuclear challenges. And we can do it. China is on the verge of demographic decline and economic decline. Russia is a very dangerous international actor, but it is not a global superpower. We must reinvent the institutions and the alliances that we need for the 21st century in order to make sure that we continue a journey towards greater peace and prosperity for all of mankind.

Amichai Magen

Amichai Magen

Visiting Fellow in Israel Studies at the Freeman Spogli Institute
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The entire discussion, including the audience Q&A, is available to watch on FSI's YouTube channel. To stay up to date on our content, be sure to like, subscribe, and turn on notifications.

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Amichai Magen, Marshall Burke, Didi Kuo, Larry Diamond, and Michael McFaul onstage for a panel discussion at Stanford's 2023 Reunion and Homecoming | Melissa Morgan
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FSI scholars offer their thoughts on what can be done to address political polarization in the United States, tensions between Taiwan and China, climate change, the war in Ukraine, and the Israel-Hamas war.

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