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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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After the assassination of bin Laden I received such a deluge of requests for comment that I was unable to respond individually, and on May 4 and later I sent an unedited form response instead, not intending for it to be posted, and expecting to write it up more fully and carefully later on. But it was posted, then circulated.

That was followed but a deluge of reactions from all over the world. It is far from a scientific sample of course, but nevertheless, the tendencies may be of some interest. Overwhelmingly, those from the “third world” were on the order of “thanks for saying what we think.” There were similar ones from the US, but many others were infuriated, often virtually hysterical, with almost no relation to the actual content of the posted form letter. That was true in particular of the posted or published responses brought to my attention. I have received a few requests to comment on several of these. Frankly, it seems to me superfluous. If there is any interest, I’ll nevertheless find some time to do so.

The original letter ends with the comment that “There is much more to say, but even the most obvious and elementary facts should provide us with a good deal to think about.” Here I will fill in some of the gaps, leaving the original otherwise unchanged in all essentials.

Noam Chomsky
May 2011

* * * *

On May 1, 2011, Osama bin Laden was killed in his virtually unprotected compound by a raiding mission of 79 Navy Seals, who entered Pakistan by helicopter. After many lurid stories were provided by the government and withdrawn, official reports made it increasingly clear that the operation was a planned assassination, multiply violating elementary norms of international law, beginning with the invasion itself.

There appears to have been no attempt to apprehend the unarmed victim, as presumably could have been done by 79 commandos facing no opposition - except, they report, from his wife, also unarmed, who they shot in self-defense when she “lunged” at them (according to the White House).

A plausible reconstruction of the events is provided by veteran Middle East correspondent Yochi Dreazen and colleagues in the Atlantic. Dreazen, formerly the military correspondent for the Wall Street Journal, is senior correspondent for the National Journal Group covering military affairs and national security. According to their investigation, White House planning appears not to have considered the option of capturing OBL alive: “The administration had made clear to the military's clandestine Joint Special Operations Command that it wanted bin Laden dead, according to a senior U.S. official with knowledge of the discussions. A high-ranking military officer briefed on the assault said the SEALs knew their mission was not to take him alive.”

The authors add: “For many at the Pentagon and the Central Intelligence Agency who had spent nearly a decade hunting bin Laden, killing the militant was a necessary and justified act of vengeance.” Furthermore, “Capturing bin Laden alive would have also presented the administration with an array of nettlesome legal and political challenges.” Better, then, to assassinate him, dumping his body into the sea without the autopsy considered essential after a killing, whether considered justified or not – an act that predictably provoked both anger and skepticism in much of the Muslim world.

As the Atlantic inquiry observes, “The decision to kill bin Laden outright was the clearest illustration to date of a little-noticed aspect of the Obama administration's counterterror policy. The Bush administration captured thousands of suspected militants and sent them to detention camps in Afghanistan, Iraq, and Guantanamo Bay. The Obama administration, by contrast, has focused on eliminating individual terrorists rather than attempting to take them alive.” That is one significant difference between Bush and Obama. The authors quote former West German Chancellor Helmut Schmidt, who “told German TV that the U.S. raid was ‘quite clearly a violation of international law’ and that bin Laden should have been detained and put on trial,” contrasting Schmidt with US Attorney General Eric Holder, who “defended the decision to kill bin Laden although he didn't pose an immediate threat to the Navy SEALs, telling a House panel on Tuesday that the assault had been ‘lawful, legitimate and appropriate in every way’.”

 
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