Thursday May 23rd 2013

Posts Tagged ‘extrajudicial execution’

Andrew Sullivan’s Newsweek Article

Andrew Sullivan, the King of Bloggers, has written a Newsweek cover story which is featuring heavily in American political discussion on tv, in newspapers and on blogs right now. From over here, it’s sometimes difficult to realize that Sullivan is not just a blogger, albeit a big one, but also a pretty prominent “public intellectual” (as they say) in the US, who from time to time -- as a very early advocate of gay marriage, as proponent of the Iraq War, as supporter of Obama -- generates a lot of public debate.

In the Newsweek article, Sullivan argues, as one of the first people to elaborately do so, passionately for Obama’s re-election. He basically says that Obama’s political strategy is a “long game”, of which we have not seen the results yet, which will only play out in eight years. In doing so, he obviously and correctly dismisses the president’s conservative ”critics” (we may just call them lunatics), but also takes on criticism of Obama from “the left”. Personally, while I certainly agree with Sullivan that Obama has by and large been a good president -- in that he has saved the US and the West from plunging into a systemic crisis largely caused by Bush, through the stimulus, the bail-outs of Wall Street and the auto industry, having healthcare reform passed, getting out of Iraq, reaching out to the Muslim world, responding carefully to the Green Revolution and the Arab Spring, and taking on Qadhafi -- he has also failed miserably to keep up to his promises to restore the rule of law. Under Obama, indefinite detention has been enshrined into law, Guantánamo Bay has seen its tenth birthday, military commissions have been kept open, a Drone War killing hundreds of innocents has been started, extrajudicial assassination has become normal, and a war on whistleblowers and transparency-seekers has been waged. Torture has merely been halted by executive order and can easily be reversed by a Republican president.

This, I think, is unforgivable; it is a core reason not to support Obama’s re-election; and Sullivan passes it too easily by. I also think he fails to engage seriously with Obama’s critics that he relents too easily in the face of opposition, as was the case with healthcare and the debt ceiling crisis. Sullivan doesn’t mention anywhere the deep interpenetration of the Obama administration and Wall Street lobbyists. And, finally, I think it’s kind of slavish and rather uncritical to say: “It’s all part of the masterplan, just wait, it will all play out in eight years, just vote now, it’s Obama!” But that is a tendency you see more often in Obama supporters.

Anyway. The only reason I wanted to write this was because I thought it was funny to see Sullivan, whom you almost only know by writing, defend his article on television. And he’s doing it pretty well actually. Enjoy this weird-in-a-sympathetic-way person’s discussion with a Republican supporter:

- Edit: In the best response to Sullivan’s article so far, here’s Conor Friedersdorf, who writes it down better than I can. First he asks if Sullivan would have supported a Republican in 2008 who would have proposed the following:

(1) Codify indefinite detention into law; (2) draw up a secret kill list of people, including American citizens, to assassinate without due process; (3) proceed with warrantless spying on American citizens; (4) prosecute Bush-era whistleblowers for violating state secrets; (5) reinterpret the War Powers Resolution such that entering a war of choice without a Congressional declaration is permissible; (6) enter and prosecute such a war; (7) institutionalize naked scanners and intrusive full body pat-downs in major American airports; (8) oversee a planned expansion of TSA so that its agents are already beginning to patrol American highways, train stations, and bus depots; (9) wage an undeclared drone war on numerous Muslim countries that delegates to the CIA the final call about some strikes that put civilians in jeopardy; (10) invoke the state-secrets privilege to dismiss lawsuits brought by civil-liberties organizations on dubious technicalities rather than litigating them on the merits; (11) preside over federal raids on medical marijuana dispensaries; (12) attempt to negotiate an extension of American troops in Iraq beyond 2011 (an effort that thankfully failed); (14) reauthorize the Patriot Act; (13) and select an economic team mostly made up of former and future financial executives from Wall Street firms that played major roles in the financial crisis.

(…)

Yet President Obama has done all of the aforementioned things.

(…)

No, Obama isn’t a radical Kenyan anti-colonialist. But he is a lawbreaker and an advocate of radical executive power. What precedent could be more radical than insisting that the executive is empowered to draw up a kill list of American citizens in secret, without telling anyone what names are on it, or the legal justification for it, or even that it exists? What if Newt Gingrich inherits that power?

He may yet.

(…)

[Sullivan's] Newsweek essay fits the pattern I’ve lamented of Obama apologists who tell a narrative of his administration that ignores some of these issues and minimizes the importance of others, as if they’re a relatively unimportant matter to be set aside in a sentence or three before proceeding to the more important business of whether the president is being critiqued fairly by obtuse partisans.

(…)

Like President Bush, [Obama] is breaking the law, transgressing against civil liberties, and championing a radical view of executive power -- and he is invoking the War on Terror to get away with it. As much as it was in 2003 or 2007, it is vital in 2012 that there be a backlash against these post-9/11 excesses, that liberty-loving citizens push back so that these are anomalies that are reined in, rather than permanent features of a bipartisan consensus that can only end in a catastrophically abusive executive operating in an office stripped by successive presidents and their minions of both constitutional and prudential checks.

That is the best case against Obama I can think of. It is, indeed, vital that there is a backlash against his policies.

How Europe And The US Pursue Justice

Here’s the difference: the US invades multiple countries and finally summarily executes persons designated “terrorists”.

In Europe, we create international legal institutions and firmly, slowly but steadily, pressure countries into extraditing suspected war criminals so they can be tried.

I believe this is one area in which we as Europeans can say we’re in every respect more advanced and civilized than our counterparts at the other side of the Atlantic Ocean.

From a reader over at Andrew Sullivan:

I’d like to point out the difference between the way Europe and the US go after bad guys. The US invades countries, blows them to pieces, then goes into another country, blows that to pieces, only to find out that the guy they’re looking for is hiding in yet another country. One they thought was a friend. But regardless of the friendship, the US goes in without telling their friend and executes their bad guy.

Here’s how Europe does it. It holds a big carrot over the place where the bad guy is hiding: membership of the EU union. It creates an international court system, in this case the Yugoslavia court. And it waits. And slowly the bad guys get discovered by the locals. First Milosovic. Then Karadzic. Now Mladic.

No guns, no execution, no torture, just the patient power of the law. Just look at the dry headline on The International Criminal Tribunal’s website: “Tribunal Welcomes the Arrest of Ratko Mladić”. These thugs have to stand trial. No glorious, scandalous trial. No politicians fearing death and destruction. Just the slow-grinding, boring mill of justice. Milosovic died under the pressure. Karadzic is fading away. And now Mladic faces the same prospect in a very decent cell in Scheveningen.

America is a fantastic country to live in. But boy am I proud to be European on days like this.

Yes indeed. There is no conceivable reason why Osama bin Laden should, against all international law, be executed without a trial, while Ratko Mladic should be arrested and tried. Juridically, of course, anyone can point out that Mladic acted as officer of a state, while Bin Laden headed a stateless organization. But does that matter in terms of the crimes being committed? Of course not. Bin Laden could well have been charged for committing mass murder in an American court. But he never has been. Why? Because that’s not the way Americans work.

For more (if you read Dutch), read this interview with international law expert and lawyer Geert-Jan Knoops.

Noam Chomsky On The Death Of Bin Laden

To be honest, I pretty much have my fill about the whole Bin Laden affair. This includes the revolting jingoism displayed by American politicians and establishment media such as the New York Times, as well as the ‘funny’ comics and internet memes. I wish we could turn to something else now.

Nevertheless, criticism must continue to be voiced, so here’s an op-ed by no one less than Noam Chomsky.

It’s increasingly clear that the operation was a planned assassination, multiply violating elementary norms of international law. There appears to have been no attempt to apprehend the unarmed victim, as presumably could have been done by 80 commandos facing virtually no opposition—except, they claim, from his wife, who lunged towards them. In societies that profess some respect for law, suspects are apprehended and brought to fair trial. I stress “suspects.” In April 2002, the head of the FBI, Robert Mueller, informed the press that after the most intensive investigation in history, the FBI could say no more than that it “believed” that the plot was hatched in Afghanistan, though implemented in the UAE and Germany. What they only believed in April 2002, they obviously didn’t know 8 months earlier, when Washington dismissed tentative offers by the Taliban (how serious, we do not know, because they were instantly dismissed) to extradite bin Laden if they were presented with evidence—which, as we soon learned, Washington didn’t have. Thus Obama was simply lying when he said, in his White House statement, that “we quickly learned that the 9/11 attacks were carried out by al Qaeda.”

Nothing serious has been provided since. There is much talk of bin Laden’s “confession,” but that is rather like my confession that I won the Boston Marathon. He boasted of what he regarded as a great achievement.

There is also much media discussion of Washington’s anger that Pakistan didn’t turn over bin Laden, though surely elements of the military and security forces were aware of his presence in Abbottabad. Less is said about Pakistani anger that the U.S. invaded their territory to carry out a political assassination. Anti-American fervor is already very high in Pakistan, and these events are likely to exacerbate it. The decision to dump the body at sea is already, predictably, provoking both anger and skepticism in much of the Muslim world.

We might ask ourselves how we would be reacting if Iraqi commandos landed at George W. Bush’s compound, assassinated him, and dumped his body in the Atlantic. Uncontroversially, his crimes vastly exceed bin Laden’s, and he is not a “suspect” but uncontroversially the “decider” who gave the orders to commit the “supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole” (quoting the Nuremberg Tribunal) for which Nazi criminals were hanged: the hundreds of thousands of deaths, millions of refugees, destruction of much of the country, the bitter sectarian conflict that has now spread to the rest of the region.

There’s more to say about [Cuban airline bomber Orlando] Bosch, who just died peacefully in Florida, including reference to the “Bush doctrine” that societies that harbor terrorists are as guilty as the terrorists themselves and should be treated accordingly. No one seemed to notice that Bush was calling for invasion and destruction of the U.S. and murder of its criminal president.

Same with the name, Operation Geronimo. The imperial mentality is so profound, throughout western society, that no one can perceive that they are glorifying bin Laden by identifying him with courageous resistance against genocidal invaders. It’s like naming our murder weapons after victims of our crimes: Apache, Tomahawk… It’s as if the Luftwaffe were to call its fighter planes “Jew” and “Gypsy.”

There is much more to say, but even the most obvious and elementary facts should provide us with a good deal to think about.

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