Challenging American
Exceptionalism
By Marjorie Cohn
April 28, 2015 "Information
Clearing House" -
President Barack Obama stood
behind the podium and apologized for inadvertently killing two Western hostages
– including one American – during a drone strike in Pakistan. 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.”