Did the Raid Into Syria Signal the Death of International Law?

By Robert Dreyfuss, The Nation. Posted October 30, 2008.

A parallel new Bush doctrine is emerging, in the last days of the soon-to-be-ancient regime, and it needs to be strangled in its crib. Like the original Bush doctrine -- the one that Sarah Palin couldn't name, which called for preventive military action against emerging threats -- this one also casts international law aside by insisting that the United States has an inherent right to cross international borders in "hot pursuit" of anyone it doesn't like.

They're already applying it to Pakistan, and this week Syria was the target. Is Iran next?

Let's take Pakistan first. Though a nominal ally, Pakistan has been the subject of at least nineteen aerial attacks by CIA-controlled drone aircraft, killing scores of Pakistanis and some Afghans in tribal areas controlled by pro-Taliban forces. The New York Times listed, and mapped, all 19 such attacks in a recent piece describing Predator attacks across the Afghan border, all since August. The Times notes that inside the government, the U.S. Special Operations command and other advocates are pushing for a more aggressive use of such units, including efforts to kidnap and interrogate suspected Taliban and Al Qaeda leaders. Though President Bush signed an order in July allowing U.S. commando teams to move into Pakistan itself, with or without Islamabad's permission, such raids have occurred only once, on September 3.

The U.S. raid into Syria on October 26 similarly trampled on Syria's sovereignty without so much as a fare-thee-well. Though the Pentagon initially denied that the raid involved helicopters and on-the-ground commando presence, that's exactly what happened. The attack reportedly killed Badran Turki Hishan al-Mazidih, an Iraqi facilitator who smuggled foreign fighters into Iraq through Syria. The Washington Post was ecstatic, writing in an editorial:

"If Sunday's raid, which targeted a senior al-Qaeda operative, serves only to put Mr. Assad on notice that the United States, too, is no longer prepared to respect the sovereignty of a criminal regime, it will have been worthwhile."

Is it really that easy? To say: We declare your regime criminal, and so we will attack you anytime we care to? In its news report of the attack into Syria, the Post suggests, in a report by Ann Scott Tyson and Ellen Knickmeyer, that the attack is raising cross-border hot pursuit to the level of a doctrine:

"The military's argument is that 'you can only claim sovereignty if you enforce it,' said Anthony Cordesman, a military analyst at the Center for Strategic and International Studies. 'When you are dealing with states that do not maintain their sovereignty and become a de facto sanctuary, the only way you have to deal with them is this kind of operation,' he said."

The Times broadens the possible targets from Pakistan and Syria to Iran, writing (in a page one story by Eric Schmitt and Thom Shanker):

"Administration officials declined to say whether the emerging application of self-defense could lead to strikes against camps inside Iran that have been used to train Shiite 'special groups' that have fought with the American military and Iraqi security forces."

That, of course, has been a live option, especially since the start of the surge in January, 2007, when President Bush promised to strike at Iranian supply lines in Iraq and other U.S. officials, including Vice President Cheney, pressed hard to attack sites within Iran, regardless of the consequences.

See more stories tagged with: iran, iraq, international law, robert gates, barack obama, syria, pakistan, bush doctrine

Robert Dreyfuss is the author of "Devil's Game: How the United States Helped Unleash Fundamentalist Islam" (Henry Holt/Metropolitan Books).

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