An Iceberg in the Sea of Ethics

In civilized life, law floats in a sea of ethics.--Earl Warren

I've been thinking a lot about the killing of self-proclaimed terrorist, Osama bin Laden. My issue is not with the guilt or innocence of Osama bin Laden. He has declared himself responsible for 9/11; even if he's not, just wanting the credit suggests that if not 9/11 then he is responsible for other acts of terrorism. However, even if the police catch a person strangling the body with bare hands that person is still entitled to dues process under our laws which means a trial, a judgment, and a sentence. Even if that sentence is death, we don't simply execute someone without the benefit of due process, even when guilt is certain. Indeed, in our justice system, confession is about brokering a deal generally to take the death penalty off the table. In other words those who declare I did it gain a reprieve from execution and generally receive a sentence of life imprisonment in exchange for saving the state the cost of a full prosecution.

Traditionally, adherence to a system of justice that strives for fairness and an even application of law is taken as a significant mark of civilization. We, as a nation, certainly criticize and strongly object to the paths of nations that imprison without trial, punish without due process, and eliminate undesirable elements by simply executing them.

Our track record in recent years has not been good. We invaded Iraq based on false information which more and more evidence supports that our leadership knew to be false. We have imprisoned people at Guantanamo without benefit of trial which violates the Constitution in which many of us purport to believe. We have consistently refused to acknowledge that these prisoners, who haven't been officially charged with anything, have a right to a speedy trial, having made up a new term to apply to them, "enemy combatants." They are neither prisoners of war nor prisoners of our legal system, expressly so that they may be denied the due process owed under military law or civil law. I think the summary execution of bin Laden is yet another misstep on the part of this country. We insist to others that it is not might that makes right but that laws ensure justice for all. Yet in this instance we behaved much the same as any of the governments whom we have criticized in the past, acting as judge, jury and executioner and bypassing even a semblance of justice. Papa Doc and Idi Amin should not be our role models.

Funny thing is, the outcome would have been the same. No doubt bin Laden would have been found guilty and sentenced to death but in the eyes of the world we would have appeared to adhere to the higher standard for which we have so strongly advocated since the founding of this country. We haven't always reached that standard, but if a man or a woman's reach does not exceed his or her grasp, then what's a heaven for? (my thanks to Robert Browning)

I take issue with assassination as justice, no matter how vile the person. When we make exceptions to our ethics, to our code of law,  we lessen ourselves, betray our own integrity. My concern isn't for bin Laden, but for this country's ability to claim moral authority (which we do quite often) after this assassination. Imagine any other country entering a nation uninvited and killing a person who by its own account was not armed because of some terrorist act that person allegedly committed against its people, how would we regard that action?

Fellow blogger, Elizabeth, shared a passage from an article by Noam Chomsky that fleshes out my rhetorical question.

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. Uncontroversially, his crimes vastly exceed bin Laden's, and he is not a "suspect" but uncontroversially the "decider" who gave the orders to commit the "supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole" (quoting the Nuremberg Tribunal) for which Nazi criminals were hanged: the hundreds of thousands of deaths, millions of refugees, destruction of much of the country, the bitter sectarian conflict that has now spread to the rest of the region.

The quality of mercy

There's been a lot of talk about my country losing it's soul because we finally managed to off one of the most dangerous mass murderers of the last few decades, who was still involved in plotting to kill thousands more.

I was raised to believe than any man's death diminishes my own life and that it's wrong to celebrate it, but although that's what I still believe in general, it never occurred to me to think those people famously pictured in Times Square on VJ day, were doing anything immoral or that they should instead have been in morning for the enemy dead. They were celebrating the end of the killing of millions. They were celebrating life and survival, which are as close to victory as we mortals can get.

In the celebration of the Passover, Jews customarily withhold a drop of wine in remembrance of the Egyptian soldiers said to have died in pursuit of the fleeing slaves. It's a nice gesture I've always thought well of, but although I consider the deed done by the US Navy to be a solemn one; one that shouldn't include parading impaled skulls or photos of the dead in some barbaric way, I'm glad they did it at long last. Think of what might have been and what might not have been had it been done 10 years ago instead of waging war.

I have to wonder what the world would have been like if someone had managed to invade Germany's sovereignty and Adolph Hitler's personal liberty by assassinating him in his living room in 1936. Can we really call the men who plotted to kill him morally bankrupt or brave heroes? No, I think this would be a better world if we hadn't had to do it the hard way, if you'll forgive one of the largest understatements ever made. I could think of other horrors involving the death of tens of millions and the suffering of hundreds of billions that could have been averted by such actions.

Of course, you can see that I'm not a moral absolutist who sees morality as a set of fixed rules not subject to interpretation or to extenuating exceptions, nor do I see the law as something that should stand in the way of justice or even do I believe in a mercy to one whose life has been a celebration of mercilessness to thousands of innocents. I saw no moral dilemma involved in the choice to hunt down the people who murdered innocent athletes in Munich and I see none whatever in the killing of Osama bin Laden. I find the torture of suspects far more repugnant, yet not quite so much as sawing Daniel Pearl's head off -- or most importantly the acts of terrorism bin Laden arranged. Can we even talk of such people being owed any respect or consideration or mercy much less bemoan of how wicked we are by exterminating them on or off the battlefield?

I certainly see less national soul loss than we incurred in the bombing of Iraq, the destruction of tens of thousands of lives and the exile of millions just to kill one dictator - the loss of civilian life in the bombing of Dresden or Hanoi or Tokyo, to name a few.

No, I'm sorry. Respect for human life is not diminished and in a way is affirmed by violating the 'sovereignty' of Pakistan and the sanctity of Osama's bedroom and standing on principle against it requires a kind of selective set of values that mystify me. I cannot morn the murderer in the same way or to the same degree as the murdered and if I have a soul that mourns or rejoices, I have it because of the timely deaths of all the evil men who would have killed me with a smile had they prospered. And think too of the souls that would have been lost to this man had he lived. Let's rejoice for their sake.

Osama lives

By Capt. Fogg

I dreamed I saw Joe Hill last night,
alive as you and me.
Says I "But Joe, you're ten years dead"
"I never died" said he,
"I never died" said he.

I've read that Mormonism is the fastest growing religion, but I doubt it. I think it's Denialism, at least in the USA; and yes, it's a religion. Like other religions, it offers peace and a feeling of importance, enlightenment, inclusion and a chance to be part of something bigger than oneself. You don't need to read any long and boring scriptures either and for ADD America, that's a major selling point. There aren't even a lot of commandments. "Whatever they say is a lie" covers most of it and almost anything can be denied: that the Apollo program ever landed anyone on the moon, that high bracket tax cuts boost the economy in a healthy way (or at all,) whether smallpox and Polio went away because of vaccines, and that oil reserves are finite -- and a long list of things.

It only takes a rare overthrow of scientific opinion or historical interpretation or the discovery of any actual conspiracy to cast a warm blanket of approval over all the tenets of Denialism. 30% of Republicans still believe the president, like John McCain, was born abroad. That's not going to change and any release of DNA tests or gory photos of bin Laden with the top left quadrant of his skull blown off and his homogenized brain oozing out isn't going to do more than put a bigger sneer on the face of Denialism.

Now I don't mean to say that all Republicans are Denialists or that all Denialists are Republicans by any means, but the biggest clamor for releasing the gruesome pictures and videos is from the right side of the aisle and from thence comes the argument that there's a huge worldwide "debate" about whether the bogey man is dead. Claiming that there is a "debate" that involves any participants outside the faith is, by its own right, is an act -- a typical act -- of Denialism. I'd be amazed to see evidence that any large part of humanity questions the demise of Osama as a fact but I'd be more amazed if the media doesn't continue to milk the manufactured controversy and politicians don't attempt to cash in on it.

To be sure, there were debates about whether Hitler was dead for many decades; whether Josef Mengele was dead or Martin Bormann. We had no pictures, no tissue samples and no credible witnesses, but although one of those men did indeed survive the war, the belief never really was about the evidence, but about sustaining the holy state of denial and the profitable state of fear. After all we still have substantial belief that Jesus didn't really die or the Hidden Imam or Elvis. The Princess Anastasia cult may still have some hangers on. Denial after all, is faith and to be human is to have faith and the maintenance of faith often forces a choice between pain and denial; forces us to create other forms of reality where our heroes and loved ones live -- and sometimes our bogeymen. The loss of bin Laden is, like the loss of the Soviet Union, a setback for fearmongers, after all. Profiteers who even now are assuring us that revenge will be swift.

But Osama bin Laden is dead and time will only confirm that Osama bin Laden is dead and as the President said, he's not coming back, ever. Which is another way of saying that like Elvis, Jesus, Satan and the Buddha, he's always going to be with us.

Welcome to Abbottabad

Local forecast - partly cloudy, high 32°C, low 14° C … less one infamous tourist (terrorist).

The etymology of the name is a compound of two words, Abbott and Abad. Abbott refers to General Sir James Abbott, a British army officer after whom the city and the district are named.  Abad means a place of living in Urdu.  Note:  Abad is also the old English spelling of the modern word Abode.  Oh, yes.  Before I forget:

Obama got Osama!

Monday morning update: This article by Juan Cole, Obama and the End of Al Qaeda offers a worthwhile retrospective.