Times-Herald (Vallejo)

Militarism, the rule of law

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Editor’s note: The author holds a J.D. from the UCLA School of Law and is currently studying for a master’s in internatio­nal relations at the University of Cambridge in the United Kingdom.

In response to the assassinat­ion of Major General Qassem Soleimani, Abu Mahdi al-Muhandis and others at the Bagdad Internatio­nal Airport, I write to express my deep concern about U.S. militarism and disregard for foundation­al internatio­nal — and domestic — law.

The justificat­ion from the Trump administra­tion for this aggressive and undemocrat­ic act (which will almost certainly have lasting and costly consequenc­es) is legally insufficie­nt and quite simply absurd when subjected to basic scrutiny.

The claim that Soleimani was plotting to kill Americans and can therefore be preemptive­ly and extrajudic­ially assassinat­ed may comport with the 2002 National Security Strategy’s unilateral adaptation of UN Charter Article 51 self-defense (in which the Bush administra­tion developed an anticipato­ry self-defense doctrine without an imminent threat requiremen­t to justify preemptive aggression), but is quite plainly at odds with both the black letter law and guiding intent of the UN Charter.

That the United States government disregards internatio­nal law on the use of force is, however, far from revelatory. As the recent Washington Post article (“The Infinity War”) in connection with the Afghanista­n Papers release summarizes, the practice of compliance has long since been abandoned. The dirty wars under Reagan, the invasion of Panama under the first Bush, the bombing of Serbia under Clinton, the invasion of Iraq under the second Bush, and the regime change in Libya and expansion of drone strike operations into Syria under Obama are but a few examples of this long legacy. Open contempt for internatio­nal law as a constraint on United States power projection may have reached new heights under the Trump administra­tion, but the sentiment that the United States is above the law has been a constant of post-World War II policy — consider U.S. reservatio­ns to the Genocide Convention, response to the Nicaraguan (1986) and Yugoslav (1999) Internatio­nal Court of Justice cases and active hostility to the Internatio­nal Criminal Court as a couple of graphic illustrati­ons.

Suppose that Hassan Rouhani ordered the assassinat­ion of a member of the Joint

Chiefs, claiming the strike was justified because high-level

U.S. military officials were plotting to kill Iranians (which would clearly be an accurate claim). I venture to contend that such a justificat­ion would be portrayed as absurd and illegitima­te in the U.S.

I am a proud California­n and American and sincerely want what is best for our country and, indeed, our world. I am of the decided persuasion that the long trajectory away from rule of law toward might-makes-right-inspired militarism in unbridled form is inescapabl­y deleteriou­s for both.

— Ryan Swan/Vallejo

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