FacebookTwitterGoogle+RedditEmail

Challenging American Exceptionalism

President Barack Obama stood behind the podium and apologized for inadvertently killing two Western hostages – including one American – during a drone strike in Yemen. Obama said, “one of the things that sets America apart from many other nations, one of the things that makes us exceptional, is our willingness to confront squarely our imperfections and to learn from our mistakes.” In his 2015 state of the union address, Obama described America as “exceptional.” When he spoke to the United Nations General Assembly in 2013, he said, “Some may disagree, but I believe that America is exceptional.”

American exceptionalism reflects the belief that Americans are somehow better than everyone else. This view reared its head after the 2013 leak of a Department of Justice White Paper that describes circumstances under which the President can order the targeted killing of U.S. citizens. There had been little public concern in this country about drone strikes that killed people in other countries. But when it was revealed that U.S. citizens could be targeted, Americans were outraged. This motivated Senator Rand Paul to launch his 13-hour filibuster of John Brennan’s nomination for CIA director.

It is this double standard that moved Nobel Peace Prize winner Archbishop Desmond Tutu to write a letter to the editor of the New York Times, in which he asked, “Do the United States and its people really want to tell those of us who live in the rest of the world that our lives are not of the same value as yours?” (When I saw that letter, I immediately invited Archbishop Tutu to write the foreword to my book, “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.” He graciously agreed and he elaborates on that sentiment in the foreword).

Obama insists that the CIA and the U.S. military are very careful to avoid civilian casualties. In May 2013, he declared in a speech at the National Defense University, “before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set.”

Nevertheless, of the nearly 3,852 people killed by drone strikes, 476 have reportedly been civilians. The Open Society Justice Initiative (OSJI), which examined nine drone strikes in Yemen, concluded that civilians were killed in every one. Amrit Singh, a senior legal officer at OSJI and primary author of the report, said “We’ve found evidence that President Obama’s standard is not being met on the ground.”

In 2013, the administration released a fact sheet with an additional requirement that “capture is not feasible” before a targeted killing can be carried out. Yet the OSJI also questioned whether this rule is being followed. Suspected terrorist Mohanad Mahmoud Al Farekh, a U.S. citizen, was on the Pentagon’s “kill list” but he was ultimately arrested by Pakistani security forces and will be tried in a U.S. federal court. “This is an example that capturing can be done,” according to Micah Zenko of the Council on Foreign Relations.

The fact sheet also specifies that in order to use lethal force, the target must pose a “continuing, imminent threat to U.S. persons.” But the leaked Justice Department White Paper says that a U.S. citizen can be killed even when there is no “clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.” This renders the imminency requirement a nullity. Moreover, if there is such a low bar for targeting a citizen, query whether there is any bar at all for killing foreigners.

There must also be “near certainty” that the terrorist target is present. Yet the CIA did not even know who it was slaying when the two hostages were killed. This was a “signature strike,” that targets “suspicious compounds” in areas controlled by “militants.” Zenko says, “most individuals killed are not on a kill list, and the [U.S.] government does not know their names.” So how can one determine with any certainty that a target is present when the CIA is not even targeting individuals?

Contrary to popular opinion, the use of drones does not result in fewer civilian casualties than manned bombers. A study based on classified military data, conducted by the Center for Naval Analyses and the Center for Civilians in Conflict, concluded that the use of drones in Afghanistan caused 10 times more civilian deaths than manned fighter aircraft.

Moreover, a panel with experienced specialists from both the George W. Bush and Bill Clinton administrations issued a 77-page report for the Stimson Center, a nonpartisan think tank, which found there was no indication that drone strikes had advanced “long-term U.S. security interests.”

Nevertheless, the Obama administration maintains a double standard for apologies to the families of drone victims. “The White House is setting a dangerous precedent – that if you are western and hit by accident we’ll say we are sorry,” said Reprieve attorney Alka Pradhan, “but we’ll put up a stone wall of silence if you are a Yemeni or Pakistani civilian who lost an innocent loved one. Inconsistencies like this are seen around the world as hypocritical, and do the United States’ image real harm.”

It is not just the U.S. image that is suffering. Drone strikes create more enemies of the United States. While Faisal Shahzad was pleading guilty to trying to detonate a bomb in Times Square, he told the judge, “When the drones hit, they don’t see children.”

Americans are justifiably outraged when we hear about ISIS beheading western journalists. Former CIA lawyer Vicki Divoll, who now teaches at the U.S. Naval Academy, told the New Yorker’s Jane Mayer in 2009, “People are a lot more comfortable with a Predator [drone] strike that kills many people than with a throat-slitting that kills one.” But Americans don’t see the images of the drone victims or hear the stories of their survivors. If we did, we might be more sympathetic to the damage our drone bombs are wreaking in our name.

Drone strikes are illegal when conducted off the battlefield. They should be outlawed. Obama, like Bush before him, opportunistically defines the whole world as a battlefield.

The guarantee of due process in the U.S. Constitution as well as in the International Covenant on Civil and Political Rights must be honored, not just in its breach. That means arrest and fair trial, not summary execution. What we really need is a complete reassessment of Obama’s continuation of Bush’s “war on terror.” Until we overhaul our foreign policy and stop invading other countries, changing their regimes, occupying, torturing and indefinitely detaining their people, and uncritically supporting other countries that illegally occupy other peoples’ lands, we will never be safe from terrorism. 

Marjorie Cohn is a professor at Thomas Jefferson School of Law, past president of the National Lawyers Guild, and deputy secretary general of the International Association of Democratic Lawyers. Her most recent book is “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.”

 

More articles by:

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She writes, speaks and does media about human rights and U.S. foreign policy. Her most recent book is “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.” Visit her website at http://marjoriecohn.com/ and follow her on Twitter at @marjoriecohn.

September 24, 2018
Jonathan Cook
Hiding in Plain Sight: Why We Cannot See the System Destroying Us
Gary Leupp
All the Good News (Ignored by the Trump-Obsessed Media)
Robert Fisk
I Don’t See How a Palestinian State Can Ever Happen
Barry Brown
Pot as Political Speech
Lara Merling
Puerto Rico’s Colonial Legacy and Its Continuing Economic Troubles
Patrick Cockburn
Iraq’s Prime Ministers Come and Go, But the Stalemate Remains
William Blum
The New Iraq WMD: Russian Interference in US Elections
Julian Vigo
The UK’s Snoopers’ Charter Has Been Dealt a Serious Blow
Joseph Matten
Why Did Global Economic Performance Deteriorate in the 1970s?
Zhivko Illeieff
The Millennial Label: Distinguishing Facts from Fiction
Thomas Hon Wing Polin – Gerry Brown
Xinjiang : The New Great Game
Binoy Kampmark
Casting Kavanaugh: The Trump Supreme Court Drama
Max Wilbert
Blue Angels: the Naked Face of Empire
Weekend Edition
September 21, 2018
Friday - Sunday
Alexandra Isfahani-Hammond
Hurricane Florence and 9.7 Million Pigs
Andrew Levine
Israel’s Anti-Semitism Smear Campaign
Paul Street
Laquan McDonald is Being Tried for His Own Racist Murder
Brad Evans
What Does It Mean to Celebrate International Peace Day?
Nick Pemberton
With or Without Kavanaugh, The United States Is Anti-Choice
Jim Kavanagh
“Taxpayer Money” Threatens Medicare-for-All (And Every Other Social Program)
Jonathan Cook
Palestine: The Testbed for Trump’s Plan to Tear up the Rules-Based International Order
Jeffrey St. Clair
Roaming Charges: the Chickenhawks Have Finally Come Back Home to Roost!
David Rosen
As the Capitalist World Turns: From Empire to Imperialism to Globalization?
Jonah Raskin
Green Capitalism Rears Its Head at Global Climate Action Summit
James Munson
On Climate, the Centrists are the Deplorables
Robert Hunziker
Is Paris 2015 Already Underwater?
Arshad Khan
Will Their Ever be Justice for Rohingya Muslims?
Jill Richardson
Why Women Don’t Report Sexual Assault
Dave Clennon
A Victory for Historical Accuracy and the Peace Movement: Not One Emmy for Ken Burns and “The Vietnam War”
W. T. Whitney
US Harasses Cuba Amid Mysterious Circumstances
Nathan Kalman-Lamb
Things That Make Sports Fans Uncomfortable
George Capaccio
Iran: “Snapping Back” Sanctions and the Threat of War
Kenneth Surin
Brexit is Coming, But Which Will It Be?
Louis Proyect
Moore’s “Fahrenheit 11/9”: Entertaining Film, Crappy Politics
Ramzy Baroud
Why Israel Demolishes: Khan Al-Ahmar as Representation of Greater Genocide
Ben Dangl
The Zapatistas’ Dignified Rage: Revolutionary Theories and Anticapitalist Dreams of Subcommandante Marcos
Ron Jacobs
Faith, Madness, or Death
Bill Glahn
Crime Comes Knocking
Terry Heaton
Pat Robertson’s Hurricane “Miracle”
Dave Lindorff
In Montgomery County PA, It’s Often a Jury of White People
Louis Yako
From Citizens to Customers: the Corporate Customer Service Culture in America 
William Boardman
The Shame of Dianne Feinstein, the Courage of Christine Blasey Ford 
Ernie Niemi
Logging and Climate Change: Oregon is Appalachia and Timber is Our Coal
Jessicah Pierre
Nike Says “Believe in Something,” But Can It Sacrifice Something, Too?
Paul Fitzgerald - Elizabeth Gould
Weaponized Dreams? The Curious Case of Robert Moss
Olivia Alperstein
An Environmental 9/11: the EPA’s Gutting of Methane Regulations
FacebookTwitterGoogle+RedditEmail