Friday 3 January 2020

Assassination and the law

As I understand it the assassination of Iran's General Qasem Soleimani is at first sight something that must surely be regarded as a violation of international law and by this act of aggression confers upon those who commissioned and delivered the act, the label 'terrorists!'.

Even though I am assured, and quite confident, that General Soleimani had indeed planned and commissioned acts of aggression in Syria and Iraq (and other places too perhaps) the action in which Soleimnai was killed can not be justified on the grounds of his tyranny and as no state of war exists and the General was on foreign soil and effectively hors de combat this is both a wrong and dangerous action to have taken. For as General in Chief, surely the President has set aside diplomacy and publicly placed on the table state sponsored acts of aggression.

Now I am of the mind that this has been the case in the actions of the Iranian sponsored involvements in Syria, where nationals who oppose the current regime have been killed, and also feel that there is enough suspicion to support the claims that Iranian involvement in Iraq has resulted in the loss of coalition life. That this is covert does not remove the warrant of international law or God's law. There is the case that 'tyranny' can be used as a just cause for such acts, I don't think that this applies here. Neither do I think the action can be considered to be 'preemptive or anticipatory self-defence' (unless the US can provide evidence that by removing this man from power as act of aggression (or terrorism) was prevented.

Some might say that there is evidence of belligerency (that is warlike or aggressive behaviour) on the part of Iran and so the act of assassination cannot be considered the be terrorism. The problem here is that so many motion pictures, historical books and first-hand accounts can lay the same charges as those Gen Soleimani was accused of at the door of US armed forces or agencies. If we take this as the case, what not precludes Iran for engaging in 'tit for tat' responses?

As a final thought, what of 'protected persons'? The European Convention on the Suppression of Terrorism brings into view the fact that"a serious offence involving an attack against the life, physical integrity or liberty of internationally protected persons, including diplomatic agents; by means of bombs, grenades, rockets, automatic firearm or letter or parcel bomb is an act of terrorism.

As one who is concerned with maintaining the rule of law (something British forces do by abiding by the Law of Armed Conflict [LOAC] and keeping within the Rules of Engagement [RoE] and operating within the Geneva and other conventions and treaties) I am struggling with today's actions. Coupled with the jingoistic Tweeting of an American Flag by the President of the United States and the baying masses who champion acts that appear to be wrong, we find ourselves in a difficult moral situation today. The Bible offers us this thought in Exodus 20.13: "You shall not commit murder!" Taking a life in combat is to kill another person: A combatant. We, the British forces are taught that we are Lawful, Professional and always act Appropriately in all situations (Thats what LOAC, RoE, and the various conventions and treaties challenge us to be and do. Anything outside to that is the felonious taking of life and any act of murder removes from us any higher moral ground and removes from us our moral compass.

Even if this does not promulgate state-sponsored action, the potential for this to ignite a response from members of the Islamic faith against what is (erroneously in my opinion) labelled as Christian is great. It is an act that is in many ways the same as striking a tinderbox in a gunpowder store (which didn't work for Guy Fawkes and his covert strike team but might for others in today's context.

We should be circumspect when the conditions so dictate such action. Anything else is a recipe for something tragic and costly in terms of lives and the potential for peace. Dialogue rather than military engagement is always the preferred path, and when this fails is the time when I and those who wear uniforms are called upon to fix the mess politicians have made.

Please pray for the players in this tragic and sorry episode.

Please do not cheer at the demise of a life which appears to have been taken wrongly, for their is no victory for anything but the forces of darkness and the rule of stupidity.

Please reflect and, if I am wrong, offer me correction, and if not - work to bring about peaceful results from this sad and sorry situation. I will hopefully revisit and where necessary add sources - but in this splurge from somewhere in my head, I have not had the memory or time to do so.

Pax


4 comments:

UKViewer said...

I agree with you on this. Surely if the International Community had intelligence and evidence to support the alleged crimes committed by the General, he should have been held to account.

The action on Mr Trump's orders to kill him, seems illegal, as are other extra-judicial killings in the conflicts in the middle east. The UK has some form on this as well, albeit they were against terrorist targets.

I am praying for international diplomacy to restrain both sides from rash actions which could drag us into another Gulf Conflict.

In my mind is the 2020 US Presidential Election and Donald Trump's wish to get another term, I can only hope that the American voters will see sense and elect someone who might take the USA back to the norm of action with and through allies and the UN.

Vic Van Den Bergh said...

Thanks for these comments - reflect much of my thinking and I wonder how the American electorate can not see this is a popularist attempt at ensuring a second term.

All very concern making :-)

Anonymous said...

Let’s kick Michael Foot’s stick away

Vic Van Den Bergh said...

Pity it’s not a yardstick :-)