Introduction: this is a comment that follows an interesting and thoughtful analysis in the Small Wars Journal by MAJ Charles Kels, detailing his legal criticisms of the "White Paper" leaked to NBC news on which I wrote a previous letter (#75-two months ago).
The previous letter argued against this policy from a moral and constitutional perspective. This letter argues the political folly of this policy; the hypothetical example below should resonate with anyone knowledgeable of the American Revolution. Second link written in 05feb23 was added above on 05jan24.
================Comment in S.W.J.=============
MoveForward,
You make a valid observation on the fact that U.S. authorities would cooperate with their British counterparts. To clarify my perspective, let’s take this discussion one step further. There are four Irish men, suspected by the U.K. of being I.R.A. terror-killers but with no police records, who come to Boston and stay with relatives or friends of their families in four different homes.
Scotland Yard notifies the U.S. authorities that these people are suspected of terrorism and may be in Boston to raise funds to buy arms from Libya with which to kill troops of her Majesty’s Army and innocents nearby the blast site. The U.K. police officials further state that they believe that such fund-raising will be a likely prelude to subsequent violence, though they really do not know exactly when that mass murder would occur.
What goes unstated is that the British government sees that subsequent probability as an “imminent attack”. This assertion may or may not be shared by the U.S. counterparts. Additionally, there may open a perception gap between a British perception of these four men as “high level operatives of a terrorist organization at war with the U.K.” while their counterparts in Boston see them as suspected criminals or gang-members.
Of course and appropriately, the U.S. government immediately pledges to cooperate and does so by monitoring movements of the four people designated by the U.K. So, over the course of the next week, local police and federal agents monitor the movements of these suspects. The U.S. authorities report back that there has been no evidence of a crime or one imminently to be committed.
They have been at group activities but these have involved outings like going to Fenway to catch the Redsox against the Yankees. One activity that had been interesting had been a meeting of an Irish solidarity group, one of many, in a local Church but that turned out to be hosted by the parish priest for raising funds for Irish children to go to parochial schools.
With no evidence, the U.S. authorities state that, regrettably, they can not detain these people and extradite them to Britain. The British authorities press their U.S. counterparts, saying that the fund-raising was a front for getting money to buy arms. The U.S. law enforcement authorities state that they are unprepared to suspend habeas corpus but pledge to continue monitoring these people for the next two weeks, at which point, the four men head back to Belfast.
Scotland Yard realizes that, under current extradition treaties, it can not send in the Royal Marines or detectives to abduct these suspicious people in Boston with no legal charges pending in either country. So now we have, from the British view, a sense of imminent attack (and consistent under the white paper); an unwillingness displayed by the U.S. government; and, infeasibility of capture.
The British believe that if these men with these funds return to Ireland, that mass murder will likely, but not certainly, ensue sometime over succeeding months when they have purchased weapons from Libya. So, the U.K. government launches surveillance drones and they buzz around South Boston for two weeks, engendering (incidentally) fear among local residents.
The only time that these four suspects are in one place long enough to launch a strike and when they are not at venues – like baseball games, Sunday masses, Pops concerts, etc. – with high concentrations of innocents is when they are asleep in those four townhouses. To prevent an attack on the homeland, these authorities authorize a night-time strike, to minimize civilian casualties, and the rest of the example ensues.
Now all of this discussion on my part in no way implies that the United Kingdom would ever do something like this action nor does it indicate any sympathy with these men if, in fact, they are opportunistic gangsters. The point is to create a scenario in terms more familiar to us that would envision these circumstances to place us in the position in which the Pakistanis find themselves.
In this scenario, the United States would likely have means to disable these drones, as you observe. So, that part of the hypothetical does not correspond well with the likely reality. Nevertheless, citing that fact does not really address the underlying question put to the reader: ¿how would Americans react were such an act to occurr on their shores at the mortal expense of many innocents who were fellow citizens?
Additionally, the Bay State and the Pakistani tribal regions are two very different places. It might be conceivable (if I had the technical knowledge to argue it) that the topography and remoteness of the tribal regions, the number of fighter aircraft available and the ability to sustain them could preclude such a defensive option by Pakistan, even if it wanted to capture or kill these militants.
Again, MoveForward, many thanks for your thoughts.
Very truly yours,
Ned McDonnell.
Peace Corps-México.
Ned McDonnell.
Peace Corps-México.
