assassination

Drone Ethics: The Policy and the Memo

/ Jack Marshall / 68 Comments
Hey, Fox News! INCOMING!!!

Hey, Fox News! INCOMING!!!

With the leak of the Obama Administration’s Justice Department memo laying out  alleged legal and Constitutional justification for targeted drone killings abroad, the ethical debate over this practice finally began in earnest. Back in October of 2011, I visited this topic in a post titled, “The Ethically Messy, Legally Muddled, Drone Killing of Anwar al-Awlaki,” who was an American citizen and also an al-Qaida leader and terrorist, and wrote…

“I am far less confident of a conclusion that the killing was legal than I am that the killing was ethical in a situation where traditional rules and considerations don’t fit the situation well, meaning that decision-makers must go outside the rules to find the right, meaning ethical, course of action.  And I’m even not 100% confident of that.”

This still accurately encompasses my view, although my confidence in the position has declined materially, in part because of the memo. However, my position in 2011 was based on the assumption, using the Bush Administration’s position, that the United States was engaged in a de facto war with al-Qaida, and as a tool of war, killer drones  are within ethical bounds by my analysis. The leaked memo, however, begins with the assumption that the drone strikes are not part of ongoing declared warfare, but rather a new variety of cross-border lethal intervention that has no legitimate statutory basis. I think that under those assumptions, targeting drone killings are illegal, unethical, and to the extent that they give the President of the United States the power to kill someone in any nation based on his assessment that person needs killing, ominous.

I’ll leave the legal analysis of the memo to others. For now, other than pointing readers to my earlier analysis of drone killings in the context of warfare, I just have some observations: Continue reading →

If You Liked “Enhanced Interrogation,” You’ll Love The “Disposition Matrix”

/ Jack Marshall / 9 Comments

Is THIS the Administration’s secret weapon against terrorists?

The Washington Post launched a three-part series today about the U.S. drone strike program, in which terrorists abroad are targeted and assassinated from the sky. I’m not prepared to attempt an ethical analysis of this deadly tool against international terrorism, although I will acknowledge that my initial, gut level assessment is that the unique nature of terrorism requires adjustments in the ethics of national security and warfare, and drone killings seem to be a fair and reasonable adjustment.

Yet it is still killing. It is also controversial, with many human rights activists, international law specialists and ethicists vehemently condemning the tactic, especially when used against turn-coat Americans abroad without due process of law. Consequently, the Post’s revelation that the Administration’s “kill list” is called something else rings the ethics alarms.

The Post:

“Over the past two years, the Obama administration has been secretly developing a new blueprint for pursuing terrorists, a next-generation targeting list called the “disposition matrix.” The matrix contains the names of terrorism suspects arrayed against an accounting of the resources being marshaled to track them down, including sealed indictments and clandestine operations. U.S. officials said the database is designed to go beyond existing kill lists, mapping plans for the “disposition” of suspects beyond the reach of American drones.” Continue reading →

Unethical Quote of the Month: The Producers of HBO’s “Game of Thrones”

/ Jack Marshall / 11 Comments

“We use a lot of prosthetic body parts on the show: heads, arms, etc. We can’t afford to have these all made from scratch, especially in scenes where we need a lot of them, so we rent them in bulk. After the scene was already shot, someone pointed out that one of the heads looked like George W. Bush. In the DVD commentary, we mentioned this, though we should not have. We meant no disrespect to the former President and apologize if anything we said or did suggested otherwise.”

—– David Benioff and D.B. Weiss, the producers of HBO’s “Game of Thrones,” explaining how a replica of former President George W. Bush’s head came to be placed on a pike in one episode. HBO had previously apologized for the display as “in very bad taste.”

Stay classy, Hollywood.

I detest public lies that the liars know nobody in their right mind will believe, as they are insulting, dishonest (obviously) and degrade the culture by sending the message that lying is just a game., and being a liar is nothing to be ashamed of. I also detest fake forced apologies, in which  individuals have been ordered by some authority to issue mea culpas or else, and the result is  apologies so insincere that they border on parody.

This statement by the producers of “Game of Thrones,” then, is especially objectionable, because it meets both criteria. Continue reading →

The Ethically Messy, Legally Muddled, Drone Killing of Anwar al-Awlaki

/ Jack Marshall / 8 Comments

Ah, those were the good old days: when warfare was simple, fair, brutal and stupid!

The C.I.A. drone killing of Anwar al-Awlaki, an American citizen who was also an Al Qaeda leader, is raising multiple ethical controversies that pollute each other,  making ethical coherence all but impossible.

The issues:

  • The target was an American citizen. Whatever his crimes, shouldn’t he have the right to a trial before being summarily executed?
  • There is no conclusive proof that he actually did anything that resulted in violence against Americans, or posed an imminent threat to national security. Was he targeted for his words, rather than his conduct? How can it be legal or ethical for the U.S. to target a citizen for death because of his political views?
  • The United States has officially forsworn assassination as a military or intelligence tactic. Yet this appears to have been one.
  •   Yemen is not a field of combat, and there was no imminent threat to human life creating an exigency to require U.S. forces to target someone there, whether he was a citizen or not.

“The Mentalist” Ethics: Patrick Jane Osamas “Red John”

/ Jack Marshall / 20 Comments

Red John's bloody calling-card will be found at serial killing scenes no more.

Tonight marked the season finale of “The Mentalist” on CBS, and by happy coincidence, Bruno Heller’s odd-ball murder mystery drama ended with its hero, Patrick Jane (played with brio by the excellent Simon Baker) executing his nemesis, the serial killer “Red John,” in a crowded food court…a Osama bin Laden style killing that, like the death of the Al Qaida mastermind, was both technically illegal and completely ethical.

Bravo.

Red John, for those of you who do not follow “The Mentalist,” is the self-chosen monicker of a brilliant maniac with financial resources, who slaughtered California Bureau of Investigation consultant Jane’s family as well as untold others. Jane has spent the three years of the series in an Ahab-like quest for revenge, wittily solving other murders along the way. In the final episode, Red John plotted the death of Jane’s boss and maybe love interest, Theresa Lisbon, played by Robin Tunney. Red John’s henchman managed to kill two officers and wound Lisbon before he was foiled, leading to a dramatic confrontation between the serial killer himself and the hero. Continue reading →

Comment of the Day: “The Jaundiced Eye of Noam Chomsky”

/ Jack Marshall / Leave a comment

You can find the original post here, and under it, my response to this comment by reader Trafford Gazsik. I’d say that Christopher Hitchens’ rebuttal to Chomsky, linked in the post, and my post about the ethics of bin Laden’s execution address the issues raised, make up your own mind.

“I like Chomsky and as a non-American, I can assure you that rather than filling my head with anti-American sentiments, his writings have reassured me that America remains a country populated with mostly decent people and that the world at large should not give up on the place just yet.

“I’m interested to know which part of Chomsky’s analysis you do not agree with:

– Do you disagree with the assertion that the Bin Laden ‘takedown’ was an assassination?

– Do you reject the assertion that the assassination took place within the territory of another sovereign state without the knowledge or permission of the government of that state, in clear contravention of international law and customs?

– Do you deny that Bin Laden had not been tried in any court, and was for legal purposes, an innocent civilian of Non-US nationality residing in Non-US territory? Continue reading →

Comment of the Day: “Osama’s Assassination: The Ethics Elephant in the Room”

/ Jack Marshall / 1 Comment

First time commenter Margo Schulter delivers a powerful, passionate and eloquent absolutist rebuttal to my post asserting an ethical defense of Osama bin Laden’s targeted killing/assassination/execution by U.S. military personnel. My immediate response to her can be found in the comments to the original post here; I don’t want to re-post it with this post because Margo’s thoughtful comment should be read and thought about prior to considering my rebuttal. Ethics Alarms is blessed with many sharp and persuasive comments, and this is one of the finest. In the grand tradition of absolutism, her answer to my question about firing the bullet that would kill an unarmed and submissive Osama  is “I wouldn’t fire that bullet to save the whole universe.” And she explains why:

“Please let me try to put my best foot forward, and keep a spirit of civility and friendly inquiry, as I say that my whole being — my guts, heart, intuition, and intellect –cry out, “No exceptions! Executions, extrajudicial or legal, are _wrong_!” I wonder what an MRI might show, and what neuroethics might say, about how people in the U.S.A. and elsewhere have such different reactions to what I would call a consummately evil and dehumanizing act.

“Please let me also apologize for the length of this comment, nevertheless just the starting point for a dialogue with lots of ramifications. How do pacifists like me see the scale of moral evils in different kinds of violence, and when might we consider using certain forms of nonlethal force? Also, there’s a way that President Obama might have modified his strategy a bit to fit Frances Kamm’s Doctrine of Triple Effect (DTE), illustrating what I see as the dangers of this intellectually intriguing concept. I’d love to join a dialogue going in any or all of these directions.

“It’s curious. You write, “I assume you shoot him dead.” And my whole being cries out, “You assume wrong!” While I’m not a physicalist, I do recognize that while we’re in this world experience and behavior are mediated through the brain, so I wonder what an MRI or the like would show for
people who have these radically different intuitions. Continue reading →

Osama’s Assassination: The Ethics Elephant in the Room

/ Jack Marshall / 25 Comments

You are one of the Navy Seals raiding Osama bin Laden’s Pakistan compound. Bin Laden rushes out, with a white flag, shouting “Mercy!”, “I surrender!” and “I’m so, so sorry!” He throws his flag down, puts his hands up, and falls to his knees, pleading for his life. What do you do?

I assume that you shoot him dead. I would. Is this ethically defensible? Continue reading →

Rep. Paul Broun: Failing the Duty to Confront and Failing America

/ Jack Marshall / 7 Comments

"Who's going to shoot Obama?"

Conservative Rep. Paul Broun,  one of President Obama’s toughest critics, was holding a town hall meeting this week and received this question from an elderly supporter: “Who’s going to shoot Obama?”

The audience laughed (With embarrassment? With enjoyment at the thought?) and Broun chuckled. (Nervousness? Amusement?)  Then he said:

“The thing is, I know there’s a lot of frustration with this president. We’re going to have an election next year. Hopefully, we’ll elect somebody that’s going to be a conservative, limited-government president that will take a smaller, who will sign a bill to repeal and replace Obamacare.”

Wrong answer. Continue reading →

Unethical Post of the Month: Jonah Goldberg

/ Jack Marshall / 5 Comments

In his latest post on the National Review website, conservative blogger Jonah Goldberg wonders why the CIA hasn’t had the sense to assassinate WikiLeaks founder and current renegade leaker Julian Assange. That’s right: Goldberg believes that in the national interest (for Assange has gathered and leaked massive amounts of classified information relating to U.S. military operations), the U.S. government should murder an Australian citizen without due process, a trial, or anything approaching regard for law, ethics, and human rights.

I make it a rule, in the interest of civility and respect, to control the urge to sink to pure name-calling, but really: what an idiot. And a dangerous one. Continue reading →