Again, all of this is, transparently, quite independent of one's judgments about his responsibility, which seemed clear immediately, even before the FBI inquiry, and still does.
Crimes of Aggression
It is worth adding that bin Laden's responsibility was recognized in much of the Muslim world, and condemned. One significant example is the distinguished Lebanese cleric Sheikh Fadlallah, greatly respected by Hizbollah and Shia groups generally, outside Lebanon as well. He had some experience with assassinations. He had been targeted for assassination: by a truck bomb outside a mosque, in a CIA-organized operation in 1985. He escaped, but 80 others were killed, mostly women and girls as they left the mosque -- one of those innumerable crimes that do not enter the annals of terror because of the fallacy of "wrong agency." Sheikh Fadlallah sharply condemned the 9/11 attacks.
One of the leading specialists on the Jihadi movement, Fawaz Gerges, suggests that the movement might have been split at that time had the U.S. exploited the opportunity instead of mobilizing the movement, particularly by the attack on Iraq, a great boon to bin Laden, which led to a sharp increase in terror, as intelligence agencies had anticipated. At the Chilcot hearings investigating the background to the invasion of Iraq, for example, the former head of Britain's domestic intelligence agency MI5 testified that both British and U.S. intelligence were aware that Saddam posed no serious threat, that the invasion was likely to increase terror, and that the invasions of Iraq and Afghanistan had radicalized parts of a generation of Muslims who saw the military actions as an "attack on Islam." As is often the case, security was not a high priority for state action.
It might be instructive to ask ourselves how we would be reacting if Iraqi commandos had landed at George W. Bush's compound, assassinated him, and dumped his body in the Atlantic (after proper burial rites, of course). Uncontroversially, he was not a "suspect" but the "decider" who gave the orders to invade Iraq -- that is, to commit the "supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole" for which Nazi criminals were hanged: the hundreds of thousands of deaths, millions of refugees, destruction of much of the country and its national heritage, and the murderous sectarian conflict that has now spread to the rest of the region. Equally uncontroversially, these crimes vastly exceed anything attributed to bin Laden.
To say that all of this is uncontroversial, as it is, is not to imply that it is not denied. The existence of flat earthers does not change the fact that, uncontroversially, the earth is not flat. Similarly, it is uncontroversial that Stalin and Hitler were responsible for horrendous crimes, though loyalists deny it. All of this should, again, be too obvious for comment, and would be, except in an atmosphere of hysteria so extreme that it blocks rational thought.
Similarly, it is uncontroversial that Bush and associates did commit the "supreme international crime" -- the crime of aggression. That crime was defined clearly enough by Justice Robert Jackson, Chief of Counsel for the United States at Nuremberg. An "aggressor," Jackson proposed to the Tribunal in his opening statement, is a state that is the first to commit such actions as "[i]nvasion of its armed forces, with or without a declaration of war, of the territory of another State "." No one, even the most extreme supporter of the aggression, denies that Bush and associates did just that.
We might also do well to recall Jackson's eloquent words at Nuremberg on the principle of universality: "If certain acts in violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us."
It is also clear that announced intentions are irrelevant, even if they are truly believed. Internal records reveal that Japanese fascists apparently did believe that, by ravaging China, they were laboring to turn it into an "earthly paradise." And although it may be difficult to imagine, it is conceivable that Bush and company believed they were protecting the world from destruction by Saddam's nuclear weapons. All irrelevant, though ardent loyalists on all sides may try to convince themselves otherwise.
We are left with two choices: either Bush and associates are guilty of the "supreme international crime" including all the evils that follow, or else we declare that the Nuremberg proceedings were a farce and the allies were guilty of judicial murder.
The Imperial Mentality and 9/11
A few days before the bin Laden assassination, Orlando Bosch died peacefully in Florida, where he resided along with his accomplice Luis Posada Carriles and many other associates in international terrorism. After he was accused of dozens of terrorist crimes by the FBI, Bosch was granted a presidential pardon by Bush I over the objections of the Justice Department, which found the conclusion "inescapable that it would be prejudicial to the public interest for the United States to provide a safe haven for Bosch." The coincidence of these deaths at once calls to mind the Bush II doctrine -- 'already' a de facto rule of international relations," according to the noted Harvard international relations specialist Graham Allison -- which revokes 'the sovereignty of states that provide sanctuary to terrorists.'"
Allison refers to the pronouncement of Bush II, directed at the Taliban, that "those who harbor terrorists are as guilty as the terrorists themselves." Such states, therefore, have lost their sovereignty and are fit targets for bombing and terror -- for example, the state that harbored Bosch and his associate. When Bush issued this new "de facto rule of international relations," no one seemed to notice that he was calling for invasion and destruction of the U.S. and the murder of its criminal presidents.
None of this is problematic, of course, if we reject Justice Jackson's principle of universality, and adopt instead the principle that the U.S. is self-immunized against international law and conventions -- as, in fact, the government has frequently made very clear.
It is also worth thinking about the name given to the bin Laden operation: Operation Geronimo. The imperial mentality is so profound that few seem able to perceive that the White House is glorifying bin Laden by calling him "Geronimo" -- the Apache Indian chief who led the courageous resistance to the invaders of Apache lands.
The casual choice of the name is reminiscent of the ease with which we name our murder weapons after victims of our crimes: Apache, Blackhawk" We might react differently if the Luftwaffe had called its fighter planes "Jew" and "Gypsy."
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