Thanas wrote:Simon_Jester wrote:As an example, the Israelis reacted to Argentina's refusal to extradite Nazi war criminals rather... drastically, and if anyone tells me they were somehow in the wrong for sending spies to kidnap Eichmann I'm going to laugh.
Why do you think they were in the right? Because if your whole argument below is that consent of the host nation makes it ok, then that necessary element was missing.
There are two separate cases.
One is that the consent of the host nation (who is willing but unable to arrest this criminal, as they have armed supporters) makes it okay.
...
The other is that
deliberately harboring criminals who have committed grave crimes against Country A is an act of aggression against Country A. That's it's own separate issue.
This second issue is involved when we talk about Eichmann. Countries
have to be prepared to extradite in good faith, or face consequences proportionate to the scale of the crime.
The alternative is untenable- because it gives malevolent countries a 'legal' way to cause chaos and harm in their enemies' countries, by harboring organized crime rings, terrorist networks, and so on.
The entire reason
my police have jurisdiction on my soil, and yours don't, is the presumption that I will actually enforce law and order within my own borders, insofar as it affects you. If I refuse to maintain law and order in my own country, and that has consequences for your country, then I am complicit in whatever crimes are being committed against your country. In which case I cannot justly deny responsibility, or claim that my 'sovereignty' protects my nation (and the criminals) from retaliation.
If I intentionally shelter a bunch of gangsters who assassinate 500 of your countrymen a year, that is morally no different from my sending army troops to shoot 500 of your countrymen a year. But the latter would be an act of
war- a nation is justified in using its armed forces to defend itself from violent invaders, whether those invaders are part of a national army or not.
But in that case, Peron is essentially saying that his writ does not govern Argentina, that the nation is in a state of chaos and that a powerful rebellion is endangering the sovereignty of his government. At which point it is understandable for an outsider to step in and say "we will help you subdue these rebels, who are our enemies as well as being yours."
First, this does not apply to at the very least Somalia. It certainly does not apply to Yemen either because there is no legitimate Government that could have made that request. Second, apparently it is a-ok to not follow the necessary steps when a friendly government says it is ok to do so.
In the case of Somalia, there is no
de facto government... which means the only way for anyone to protect themselves from criminals sheltering in Somalia is to attack the criminals themselves.
Somali pirates or criminals cannot simultaneously claim that 'national sovereignty' protects them from being held accountable by foreign police, while exploiting the fact that no domestic police exist to pursue them. The entire concept of 'sovereignty' is wrapped up with the idea that the sovereign has, or at least seriously attempts to have, the ability to police its own territory.
In the case of Yemen, there is presently an ongoing civil war- but this is a relatively recent state of affairs. The situation is simple. If there IS, at a given time, a recognized government of Yemen, and if someone commits a crime against your nation and shelters in Yemen, you go to the government and ask for extradition. If you receive it, well and good. If they want to extradite but can't, offer them help. If they refuse to extradite, then you are within your rights to exert pressure on the Yemeni government. If they refuse to extradite repeatedly and heinous crimes are committed against your people... at some point you have grounds to declare war.
If there is no government of Yemen, then your only recourse is force- the use of spies, commandoes, or potentially armies to pursue the criminal.
Rendition and torture are not justified and no passes should be granted for any of them. They are not the issue I was talking about, either.
Yes it is, because it is the same security apparatus using the assessment. It is the same culture of secrecy. It is the same disregard for the constitution and the rights of your own citizens that makes this possible. Droning cannot be divorced from those other shady means because they arrive out of the same belief and build on each other.
The question of whether the drone strikes,
specifically, are lawful is separate from the question of whether nations are entitled to at least
try to pursue criminals who flee into foreign countries that refuse to extradite them.
Whether the US, specifically, should be pursuing these particular people, is a separate question.
The issue I was talking about was the simple point of: What should Country A (regardless of who that country is) do if Country B is unwilling or unable to hand over people who have committed crimes against it?
Then they should sit on their hands like adults and take it. You know, like civilized nations do.
Take for example Yugoslavian secret agents who murdered dissidents on EU soil. We know who they are. We know what they did. And yet we didn't send a drone to blow up their village, we waited for two decades until the nations involved decided to turn them over.
Did you just ignore the question? That's not being civilized, that's being passive- that's treating the lives of people on your soil as something your government is not obliged to protect.
Alternatively, perhaps you exerted some sort of pressure on the governments that were sheltering these agents. But then the question is not "should we sit on our hands." The question is
which measures should be taken.
There are a range of responses one might take. One might withdraw cooperation on various matters from the country harboring the fugitives. One might break off trade or diplomatic relations. One might covertly send spies to monitor, or even to capture, the criminals. One might even respond to a massive crime committed against one's people by declaring war.
Having secret star chamber proceedings
decide these individuals are criminals, and then assassinating them by remote control, is an extremely violent and questionable way to go about dealing with a perceived threat. There's a lot wrong with it. Many things wrong, and I don't think you need me to tell you what they are.
But that doesn't mean that governments are required or expected to just tolerate and ignore crimes committed against their people by foreign agents. That is
not part of being 'civilized,' that is simply unwillingness to defend civilization against barbarism.
If Country A has the means to compel Country B to hand over criminals that it harbors, are they supposed to sit there with folded hands and ignore the problem?
Anything else than diplomatic pressure? No go.
For one, the wicked and lawless tactics don't work very well.
And yet you defend them.
I do not defend renditions. I do not defend torture. You are extremely nebulous about what you mean by "them."
I DO defend the right of an abstract, arbitrary Country A to,
under some circumstances, use force against Country B or persons on its soil, as a consequence of crimes committed against Country A by people now sheltering in Country B.
Because otherwise, one of the basic premises of our idea of national sovereignty-
reciprocity- breaks down. Sovereignty is not an asymmetric thing that grants one side all the privileges and the other side all of the obligations. My nation's right to police its own soil comes at the price of my having to agree to act in a way that will not undermine law, order, or safety on YOUR soil.
This isn't even about the US, except insofar as others have chosen to stake out a radical position on international law in order to condemn the US just a little bit harder.
Apparently it's not enough to call the US security complex a bunch of lying torturers (which they are). Or to say that they're lashing out half-blindly at people who aren't a threat to them (which is true). Or to say that they're using secret tribunals to assassinate citizens of their own country (also true).
No, we have to
distort longstanding principles of international law to make US actions look just that little extra bit more wrong!
For another, most of those other movements were domestic- so you COULD use the tactics of policing, since your police have jurisdiction, or police of a nation friendly and cooperative to you does. True international terrorism of the kind the US (and other countries) have gotten from Al Qaeda is relatively rarer- and harder to overcome.
Bullshit. Plenty of nations have had to deal with international terrorism (IRA, PLO, RAF, ETA, Red Terror in Italy).
And these are the very terrorist groups that were
always hardest to overcome.
The British didn't defeat the IRA with police tactics- it took paramilitary and military forces deployed for decades.
The Israelis never did overcome the PLO; they're still around, and insofar as they've become less of a threat it's because
other, more violent groups took over their role.
The RAF was a mostly domestic terrorist organization in that most of its members based
in West Germany, not in other countries. The Stasi offered them a lot of support, but the bulk of the RAF's membership was in places the German police could at least get to.
The ETA is opposed on
both sides of the Spanish-French border, rather than having ETA terrorists be able to commit crimes in Spain and flee to safety in France or vice versa.
And if by the Red Terror you mean the Red Brigades in Italy- again, the bulk of the manpower of the Red Brigades was
IN Italy, so normal Italian police could at least reach and arrest them. It didn't take an army to shoot their way into the area where the criminals were hiding.
It is intellectually dishonest to present examples of 'international' terrorists that were primarily headquartered in the same countries they committed terrorism against, and claim that this is proof of how other international terrorist groups that do NOT match that description can be overcome by normal police work.
It is also dishonest to use the IRA and the PLO as evidence of how a terrorist group that gets to shelter freely behind a national border can be overcome by normal police work, when neither group
was overcome by normal police work.
Heck, some nations even had to deal with secret services of other nations financing whole terror groups.
Yes- and you will note that when the secret services of a foreign power finance terrorism on a large scale, it tends to end badly.
Look at what happened when Serbia started using the Black Hand as a catspaw- and touched off World War One.
It is
immensely and
insanely provocative for one nation to become a large-scale exporter of crime and terrorism into other nations. Large powers sometimes get away with it by using their sheer strength to escape justice. But it is nevertheless a deeply bad and unwise thing to do, for the sake of the peace of the world.
It should therefore be a punishable offense.