The current controversy in Europe, specifically in Italy and now in Germany, regarding the proper response to alleged crimes of kidnapping, unlawful detention and torture of citizens of those countries provides and interesting look into the state of democratic values. The actions of these governments give us a glimpse of how the rest of the world, that previously viewed the United States, as a bastion of freedom, justice and the rule of law, are now all but compelled to view America
In the Italian case, Abu Omar was snatched off the streets by CIA operatives with the support and complicity of Italian intelligence operatives. He was removed from Italy in an operation now commonly referred to as “extraordinary rendition.” The Italian Court system is seeking extradition of US operatives involved in the incident. It would appear that abduction of an Italian citizen by foreign agents, without resort to the Italian judicial or legal system, is beyond the standards that the Italian government and society accept as within the boundaries of a democratic society that respects the rule of law.
Similarly, The German government is now considering formal charges against 13 CIA operatives involved in the abduction of Khaled Masri, a German citizen of Lebanese descent. Masri was kidnapped, jailed and allegedly tortured during five months of captivity. He too was released without charges or any confirmed justification for his abduction and detention. There have been legislative inquiries into the level of knowledge and complicity by high level German officials in the rendition. Nevertheless, the abduction of a German citizen by US operatives without formal resort to the German judicial or legal system is viewed an illegal and potentially criminal.
The dilemma facing these governments, and by extension their societies, is whether the power and influence of the US government can override the basic civil rights and principles of justice that these countries have guaranteed to their citizens. The clandestine complicity of German or Italian operatives could be a complicating factor. However, a distinction can be clearly seen between the German government’s treatment of its own citizens, and the treatment of German citizens the German or Italian government should permit other governments to exercise. The White House is undoubtedly surprised that these governments would have the temerity to challenge the actions of CIA who were allegedly pursuing the “War on Terror.” The Bush Administration had openly declared that it did not consider its agents subject to international law or treaty restrictions.
The governments of Italy and Germany have squarely addressed the basic question whether the “end justifies the means” in combating a perceived threat of terrorist violence. Their legal systems are asking whether a society is willing to sacrifice its fundamental principles for expediency in addressing a problem that may threaten great harm to its people. Is it acceptable to destroy a society’s system of justice in order to protect that society? In these cases, the question does not arise in the face of an actual or imminent threat of assault, attack or invasion by an identifiable enemy, but rather in the face of an unidentified and speculative “foe” purposely created by hype and public hysteria. To be sure, terrorist attacks on the public have occurred with devastating results. But there is no real evidence that traditional police and investigatory methods that fall within accepted principles of existing legal systems are incapable of addressing such threats. Most of the successful raids and interdictions of alleged terrorist plots have been conducted by traditional police agencies, who are now working with greater coordination in light of a heightened sense of threat. But these actions have been conducted within the confines of established legal standards. So the question is whether these governments should allow their citizens to be abducted without warning or any semblance of due process in order to support the Bush “War on Terror.” Or is it possible that the cure is worse than the disease?
To answer these questions, the Italian and German governments can no longer look to the United States for guidance in resolving these fundamental questions. As the perpetrator of these actions, America no longer has credibility or standing to advise others on the principled application of the rule of law and the assurance of constitutional protections to citizens. And our inability to provide that guidance that has traditionally been a hallmark of our system of government should cause each American to reflect.
In reality, the current crisis is about much more than Iraq. It can fairly be argued that the mission in Iraq was lost when the Bush Administration launched the invasion without a plan for what should be done once the intended regime change was effected. However, the United States has lost far more in the process of pursuing Bush’s Mission” in Iraq and his “War on Terror.” Our moral compass and our role as an exemplar of justice and the rule of law in a democratic society have been sacrificed.
No comments:
Post a Comment