The Supposed Legality of Murder
David Swanson
World BEYOND War
Tehreek-e-Insaf (Movement for Justice) activists hold up placards as
they gather for a party rally in Peshawar on April 2011. U.S. carried
out its first drone attack in Pakistan since [the alleged death of OBL]
in an American raid, killing 10 people in a hail of missiles near the
Afghan border. (Photo: Majeed/AFP/Getty. Caption: ABC News)
'War is legal,' but pointing out its illegality is not mistaken; it's irrelevant and un-strategic. That's the argument I'm hearing from a number of quarters.
Chase Madar has a terrific new book on Bradley Manning in which he argues that many of the offenses Bradley Manning allegedly revealed through Wikileaks (the murder in the collateral murder video, the turning over of prisoners to be tortured by Iraq, etc.) are immoral but legal. When I pointed out to Madar that the Kellogg Briand Pact banned all war, that the U.N. Charter legalized only two narrow categories of war that our government does not meet (defensive wars and wars authorized by the U.N.), and that the Constitution of the United States bans wars not declared by Congress, Madar did not try to argue that I was mistaken. Instead he said it wasn't important to point out war's illegality, because Americans don't care; instead we have to point out its immorality. But if war's illegality is unimportant, why was its supposed legality important enough to develop as a significant part of a book? Why couldn't war's illegality be of help in the movement to oppose it on primarily moral grounds?
I attended a wonderful event on Saturday in Washington, D.C., a "Drone Summit" organized by Code Pink, the Center for Constitutional Rights, and Reprieve -- terrific organizations all, some of the best. Included in the summit were speakers from organizations that have concerns about drones but do not oppose war. It's important to work with organizations and individuals who agree on the matter at hand, even if broad differences in world view divide you. I give great credit to every ban-the-drones or reform-the-drones organization that supports war or avoids the topic of war, yet works in coalition with antiwar groups. More credit and gratitude to them.
But many more people than attend one event in one city have these questions running through their minds, and the differences in viewpoint within the anti-drone movement may be helpful in forming one's own view.