Larry Keiler's Bookmarks tagged iraq →  View Popular

Last November, the guiding concerns were made explicit when President Bush and Iraq's prime minister, Nouri al-Maliki, signed a "Declaration of Principles," ignoring the U.S. Congress, the Iraqi parliament and the populations of the two countries.

The declaration left open the possibility of an indefinite long-term U.S. military presence in Iraq that would presumably include the huge air bases now being built around the country, and the "embassy" in Baghdad, a city within a city, unlike any embassy in the world. These are not being constructed to be abandoned.

Michael Ratner, president of the Center for Constitutional Rights, characterizes Order 17 as a clear violation of Iraqi sovereignty but points out that it contains a provision that allows the United States to waive the immunity with regard to individuals.

"A possible first step for Iraq is to ask the US to waive the immunity of those involved in the killing," says Ratner, who concedes that this is an unlikely move from Washington, "as it would frighten other private contractors." He also said the immunity is a part of the US strategy for using private companies like Blackwater to deter resistance attacks on occupation personnel.

The Bush strategy turns the law's traditional approach to state coercion on its head. With narrow exceptions, the rule of law reserves invasions of privacy, detention, punishment and use of military force for those who have been shown -- on the basis of sound evidence and fair procedures -- to have committed or to be plotting some wrong.

The police can tap phones or search homes, but only when there is probable cause to believe that a crime has been committed and that the search is likely to find evidence of the crime. People can be preventively detained pending trial, but only when there is both probable cause of past wrongdoing and concrete evidence that they pose a danger to the community or are likely to abscond if left at large. And under international law, nations may use military force unilaterally only in response to an objectively verifiable attack or threat of imminent attack.

These bedrock legal requirements are a hindrance to "going on offense." Accordingly, the Administration has asserted sweeping executive discretion, eschewed questions of guilt or innocence and substituted secrecy and speculation for accountability and verifiable fact. Where the rule of law demands fair and open procedures, the preventive paradigm employs truncated processes often conducted in secret, denying the accused a meaningful opportunity to respond.

The government's "preventive" immigration initiatives have come up even more empty-handed. After 9/11 the Bush Administration called in 80,000 foreign nationals for fingerprinting, photographing and "special registration" simply because they came from predominantly Arab or Muslim countries; sought out another 8,000 young men from the same countries for FBI interviews; and placed more than 5,000 foreign nationals here in preventive detention.

Yet as of September 2007, not one of these people stands convicted of a terrorist crime. The government's record, in what is surely the largest campaign of ethnic profiling since the Japanese internment of World War II, is 0 for 93,000.

The Bush Administration just doesn't get it. Its National Defense Strategy, published by the Pentagon, warns that "our strength as a nation state will continue to be challenged by those who employ a strategy of the weak using international fora, judicial processes, and terrorism."

The proposition that judicial processes and international accountability -- the very essence of the rule of law -- are to be dismissed as a strategy of the weak, aligned with terrorism itself, makes clear that the Administration has come to view the rule of law as an obstacle, not an asset, in its effort to protect us from terrorist attack.