Ronald Sokol: Can the U.S. Assassinate an American Citizen Living in Yemen?
[Ronald Sokol is a lawyer in Aix-en-Provence who practices across France. He taught at the University of Virginia Law School and is the author of “Justice after Darwin” and other books and articles.]
Last month, civil liberties groups and the family of Islamic cleric Anwar al-Awlaki filed suit to stop the US government from killing Mr. Awlaki – an American citizen living abroad in Yemen. The government, which is trying to have the case dismissed, labels Mr. Awlaki a threat for alleged involvement in terror plots and inspiring anti-American jihadists. Awlaki is believed to be a target for extrajudicial killing.
The suit raises a fundamental question: When, if ever, is it lawful for government to assassinate? While a private individual has no right to kill except in self-defense, the right of those acting under color of law, such as police officers, soldiers, or the CIA, is considerably more complex. Even a soldier in a declared war does not have an unfettered right to kill the enemy.
The Nuremberg standard
At the close of World War II, when the question arose of what to do with Nazi leaders. British Prime Minister Winston Churchill proposed shooting them. Soviet leader Joseph Stalin agreed, but the United States advocated a trial. It argued, and eventually persuaded, both British and Soviet governments that the proper path was not blind retaliation, but the rule of law. A lawful procedure required a finding of individual guilt before punishment could be implemented. The US argued that leaders of the German and Japanese government and military should be tried in a court of law for having waged an aggressive war and for crimes against humanity. Only if they were found guilty after a trial, at which they would have the right to defend themselves and present evidence, could they be punished.
The US position prevailed, and the Nuremberg and Tokyo trials set an historic postwar gold standard for what came to be called the movement for the rule of law. The core doctrine is that government itself must obey the law on the same basis as individuals.
The doctrine has been embraced by every US administration since 1945, but America has had difficulty adhering to it....
Read entire article at CS Monitor
Last month, civil liberties groups and the family of Islamic cleric Anwar al-Awlaki filed suit to stop the US government from killing Mr. Awlaki – an American citizen living abroad in Yemen. The government, which is trying to have the case dismissed, labels Mr. Awlaki a threat for alleged involvement in terror plots and inspiring anti-American jihadists. Awlaki is believed to be a target for extrajudicial killing.
The suit raises a fundamental question: When, if ever, is it lawful for government to assassinate? While a private individual has no right to kill except in self-defense, the right of those acting under color of law, such as police officers, soldiers, or the CIA, is considerably more complex. Even a soldier in a declared war does not have an unfettered right to kill the enemy.
The Nuremberg standard
At the close of World War II, when the question arose of what to do with Nazi leaders. British Prime Minister Winston Churchill proposed shooting them. Soviet leader Joseph Stalin agreed, but the United States advocated a trial. It argued, and eventually persuaded, both British and Soviet governments that the proper path was not blind retaliation, but the rule of law. A lawful procedure required a finding of individual guilt before punishment could be implemented. The US argued that leaders of the German and Japanese government and military should be tried in a court of law for having waged an aggressive war and for crimes against humanity. Only if they were found guilty after a trial, at which they would have the right to defend themselves and present evidence, could they be punished.
The US position prevailed, and the Nuremberg and Tokyo trials set an historic postwar gold standard for what came to be called the movement for the rule of law. The core doctrine is that government itself must obey the law on the same basis as individuals.
The doctrine has been embraced by every US administration since 1945, but America has had difficulty adhering to it....