Saturday, June 9, 2012

Guilty until proven innocent, posthumously

You might think you know what the word "militant" means. After all, US mainstream media outlets use this word with almost the same frequency as that now almost meaningless appellation "terrorist." But you would probably be wrong, because the Obama administration has thrown a little twist into the definition. Now we have learned that to be classified as a "militant," all you need to be is a "military age" male, and to be unfortunate enough to be blown-up in a US drone strike. You see, this is ostensibly why administration tallies of civilians killed in such strikes seem almost preposterously low. It's because the administration basically asserts that anyone (military-aged male) killed in a drone strike is a militant! The argument, such as it is, goes something like this, "... well, anyone in the vicinity of a place we are considering hitting must be up to no good..." It's ironic, deeply troubling, and sad all at the same time that this was also essentially the justification given by George Zimmerman for his stalking and eventual killing of Trayvon Martin. That these policies are being implemented by the administration of the first African American US President makes it even that much sadder.

Recall that it's not even required to know who is actually present when such a strike is conducted. So-called "signature" strikes just require there be some signature of terrorist activity. As for what that signature activity might actually be you would likely have to have access to the classified justifications and procedures. Good luck with that. So, the folks carrying out this policy likely don't even know the names and faces of who might be in the cross-hairs, but rest assured they are all "militants." Remember that these strikes are taking place far from what most of us would even remotely consider a conventional battlefield. It must be heady indeed to possess such god-like powers, to know exactly who the bad guys are, and that it's justifiable to kill them. No arrests, no interrogations, no criminal charges, no trials needed, just "administrative due process." But rest assured, apparently if some solid evidence appears after the fact, that is, posthumously, to demonstrate a victim's innocence then the "militant" appellation may be removed. Who could possibly claim that we are not a merciful people?

To my mind this was perhaps the most astonishing revelation brought to light by a recent New York Times piece whose primary story line concerned the existence of a "kill list" run right out of the White House, with Obama personally signing off on all such strikes. Again, you'll be comforted to know that a rigorous procedure is in place. First a "nomination" process is conducted where a potential target is put forward for possible addition to the list. Kind of gives a cruel twist to the term nomination! But then the torturing of language is a key symptom of the authoritarian mind at work. And of course we are told that the minimizing of civilian casualties is a paramount consideration. I guess it helps when you can simply redefine what it means to be a "militant" or "civilian," and you have a largely compliant media that will be more than happy to play along.

If you somehow think that the above is consistent with democratic governance in general and the US Constitution in particular, then perhaps it's time for a civics refresher course. The Obama administration has asserted that anyone, including American citizens, can be targeted for such extrajudicial killing. In a related expansion of such powers, indefinite detention by the military of designated persons, within the United States proper, was recently codified within the National Defense Authorization Act (NDAA) legislation passed by Congress. When challenged with a lawsuit in the name of a number of journalists and activists, and litigated with the assistance of the American Civil Liberties Union (ACLU), at a hearing to establish standing of the plaintiffs, administration lawyers could not give assurances that even normal journalistic activities or straight political speech would not run afoul of the vague and overreaching language in the NDAA. If that is not thoroughly inconsistent with the 1st Amendment, then the Amendment has effectively been rendered worthless.

The way to highlight the extreme nature of these policies is to ask how US leaders would react if foreign governments or official enemies were to adopt similar policies vis a vis US civilians. Imagine the howls, the shrieks, the blood curdling screams if some other country were to treat US citizens in such a way! The criticisms and condemnations would be unrelenting. US leaders were quick, and correct, in absolutely condemning Al Qaeda suggestions that somehow US citizens killed in the 9/11 attacks were "not innocent," and in some way also militants. Why would US leaders even remotely consider adopting such an eerily similar policy, arguing that anyone in the vicinity of a strike is also "not innocent," a militant. It's very simple, if we wouldn't want our citizens so labelled, then we have no right to condemn others to such an immoral policy.

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