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Chomsky: When Did America Completely Jettison the Rule of Law?

In societies that profess some respect for law, suspects are apprehended and brought to fair trial.

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Again, all of this is, transparently, quite independent of one’s judgments about his responsibility, which seemed clear immediately, even before the FBI inquiry, and still does.

It is worth adding that bin Laden’s responsibility was recognized in much of the Muslim world, and condemned. One significant example is the distinguished Lebanese cleric Sheikh Fadlallah, greatly respected by Hizbollah and Shia groups generally, outside Lebanon as well. He too had been targeted for assassination: by a truck bomb outside a mosque, in a CIA-organized operation in 1985. He escaped, but 80 others were killed, mostly women and girls, as they left the mosque – one of those innumerable crimes that do not enter the annals of terror because of the fallacy of “wrong agency.” Sheikh Fadlallah sharply condemned the 9/11 attacks, as did many other leading figures in the Muslim world, within the Jihadi movement as well. Among others, the head of Hizbollah, Sayyid Hassan Nasrallah, sharply condemned bin Laden and Jihadi ideology.

One of the leading specialists on the Jihadi movement, Fawaz Gerges, suggests that the movement might have been split at that time had the US exploited the opportunity instead of mobilizing the movement, particularly by the attack on Iraq, a great boon to bin Laden, which led to a sharp increase in terror, as intelligence agencies had anticipated. That conclusion was confirmed by the former head of Britain’s domestic intelligence agency MI5 at the Chilcot hearings investigating the background for the war. Confirming other analyses, she testified that both British and US intelligence were aware that Saddam posed no serious threat and that the invasion was likely to increase terror; and that the invasions of Iraq and Afghanistan had radicalized parts of a generation of Muslims who saw the military actions as an “attack on Islam.” As is often the case, security was not a high priority for state action.

It might be instructive to 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 (after proper burial rites, of course). Uncontroversially, he is not a “suspect” but the “decider” who gave the orders to invade Iraq -- that is, 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: in Iraq, the hundreds of thousands of deaths, millions of refugees, destruction of much of the country and the national heritage, and the murderous sectarian conflict that has now spread to the rest of the region. Equally uncontroversially, these crimes vastly exceed anything attributed to bin Laden.

To say that all of this is uncontroversial, as it is, is not to imply that it is not denied. The existence of flat earthers does not change the fact that, uncontroversially, the earth is not flat. Similarly, it is uncontroversial that Stalin and Hitler were responsible for horrendous crimes, though loyalists deny it. All of this should, again, be too obvious for comment, and would be, except in an atmosphere of hysteria so extreme that it blocks rational thought.

Similarly, it is uncontroversial that Bush and associates did commit the “supreme international crime,” the crime of aggression, at least if we take the Nuremberg Tribunal seriously. The crime of aggression was defined clearly enough by Justice Robert Jackson, Chief of Counsel for the United States at Nuremberg, reiterated in an authoritative General Assembly resolution. An “aggressor,” Jackson proposed to the Tribunal in his opening statement, is a state that is the first to commit such actions as “Invasion of its armed forces, with or without a declaration of war, of the territory of another State….” No one, even the most extreme supporter of the aggression, denies that Bush and associates did just that.

 
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