The reason for the ban on assassinations was that the CIA was involved in attempts to assassinate national leaders opposed by the US. Among others, US forces sought to kill Fidel Castro of Cuba, Patrice Lumumba of the Congo, Rafael Trujillo of the Dominican Republic, and Ngo Dinh Diem of South Vietnam.
Since 2001, the US has returned to the assassination business. Along with its many other illegal actions, the Bush-Cheney administration revived the use of murder to eliminate political opponents across the world.
How can murder be allowed? The Congressional Research Service published a review of the ban on assassinations in 2002. The review weakly suggested "it might be sufficient" to interpret the War Power resolutions passed by Congress after September 11, 2001 as legal authority to allow assassinations outside the U.S. However, Congress authorized no war against Yemen, no military strikes against anyone in Yemen, nor authorized any assassination of anyone anywhere.
Defenders of assassination argue that murder is a legal part of the US strategy of "pre-emptive self-defense" authorized by Congress after 9-11. Under this argument, the US government is allowed to decide who represents a possible threat to our nation anywhere anytime and then exterminate them before they can damage the US. They also argue that the decision to target someone for assassination is legally secret. Because any threat to the US triggers these powers, under this line of argument, the US is in a permanent war state and has these powers forever.
This is perfect for the apologists for assassination because the government alone is thus investigator, prosecutor, judge, jury and executioner. The public will never know because the government can do all this in secret. And since the war against terrorism is permanent, the government can murder people forever.
Thus the last traces of the rule of law evaporate. There is no transparency because no one gets to know. There is no accountability because the executive has unchecked authority.
Does anyone think the US would approve other nations acting like this? Would it be acceptable or even arguably legal for Iran or China or Israel or France to secretly decide who their enemies are and then execute them in the US if they find them here?
Apologists for assassination ease the way for the US to kill anyone anywhere anytime. What is then the logical next step in this argument? If we can secretly kill US citizens who we decide are our enemies outside the US, why not inside the US? And why not keep that secret as well?
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