I was surprised when reading
Noam Chomsky's reaction to Bin Laden's death to learn that assassination is illegal under international law. This surprised me, because all-out war can be perfectly legal under international law, and war is far messier and hurts far more people than assassination. I googled around and it seems to be true, and I also have a vague memory of in 2001 when Canada was first going to occupy Afghanistan, asking why we couldn't just assassinate Bin Laden instead and being told that that's illegal.
I think we need to rethink this. It just doesn't seem right that it would be illegal to, say, send in a small team of spooks to neatly assassinate Gaddafi, but World War I was perfectly legal. Why should it be legal to kill thousands, even millions, of soldiers and civilians and destroy infrastructure and livelihoods, but illegal to sneak into some despot's compound and off him in his sleep?
I'm certainly not saying that people or countries should be allowed to kill people and then get a get out of jail free card by calling it assassination, or that assassination is even objectively a good thing, at all, ever. I'm just thinking it might be a less unpalatable shade of grey than full-out military action.
In his article, Mr. Chomsky says:
We might ask ourselves how we would be reacting if Iraqi commandos landed at George W. Bush’s compound, assassinated him, and dumped his body in the Atlantic.
And his point, that the American people would not be best pleased with that development, is, of course, correct and valid. But I suspect the American people would be even less pleased if war were declared on the whole country and millions of innocent civilians found themselves bombed out and under military occupation when the occupying force really just wanted that one guy.
Perhaps it would be useful for international law to create a framework inside which assassination can be legal. Perhaps countries who want to assassinate someone could go before an international court and get an assassination warrant. (Q: But then wouldn't the target know they're about to be assassinated? A: Are there any plausible targets for assassination who aren't already assuming someone wants to assassinate them?) As a starting point, I propose that, in any situations where war or other military occupation would be legal, targeted assassination should also be legal (and military action should not be a prerequisite to targeted assassination.) Perhaps, before military action could be considered legal, the initiator should have to justify why targeted assassination isn't an option.
I'm certainly not under the impression that military actions normally stick to the letter of international law in the first place, but nevertheless, even if just for form's sake, the action with the less harmful outcome should be just as legal as the action with the more harmful outcome.
Labels: half-formed ideas, in the news