Wednesday, February 27, 2013

"Be proud, do not apologize": State Department, Newcomers to The West


"The Shi'ites have no right to live in this country"
"Only the Muslims defend their beliefs by burning down churches, killing people, and destroying embassies."

 John Kerry sets the tone for the State Department:
Secretary of State John Kerry offered a defense of freedom of speech, religion and thought in the United States on Tuesday telling German students that in America "you have a right to be stupid if you want to be."
"As a country, as a society, we live and breathe the idea of religious freedom and religious tolerance, whatever the religion, and political freedom and political tolerance, whatever the point of view," Kerry told the students in Berlin, the second stop on his inaugural trip as secretary of state.
"People have sometimes wondered about why our Supreme Court allows one group or another to march in a parade even though it's the most provocative thing in the world and they carry signs that are an insult to one group or another," he added.
"The reason is, that's freedom, freedom of speech. In America you have a right to be stupid - if you want to be," he said, prompting laughter. "And you have a right to be disconnected to somebody else if you want to be.
"And we tolerate it. We somehow make it through that. Now, I think that's a virtue. I think that's something worth fighting for," he added. "The important thing is to have the tolerance to say, you know, you can have a different point of view."
Ibn Warraq, originally from India/Pakistan, some years ago expressed similar values from the perspective of a sojourner in the West:
A democracy cannot survive long without freedom of expression, the freedom to argue, to dissent, even to insult and offend. It is a freedom sorely lacking in the Islamic world, and without it Islam will remain unassailed in its dogmatic, fanatical, medieval fortress; ossified, totalitarian and intolerant. Without this fundamental freedom, Islam will continue to stifle thought, human rights, individuality; originality and truth. ... Do not apologize.
This raises another more general problem: the inability of the West to defend itself intellectually and culturally. Be proud, do not apologize. ... The west is the source of the liberating ideas of individual liberty, political democracy, the rule of law, human rights and cultural freedom. It is the west that has raised the status of women, fought against slavery, defended freedom of enquiry, expression and conscience. ... By defending our values, we are teaching the Islamic world a valuable lesson, we are helping them by submitting their cherished traditions to Enlightenment values. [Original link no longer functional: http://service.spiegel.de/cache/international/0,1518,398853,00.html] 
As Historian Fritz Stern wrote in the New York Times September 4, 1988:
Liberalism—one of “America's noblest traditions,” I insisted, often defined as a state of mind—had “transformed the world . . . [I]ts greatest victory has been the American Revolution; its greatest pronouncement, the Declaration of Independence; its greatest bulwark, the Constitution of the United States and the Bill of Rights.” It had “stood for freedom against tyranny. At its best . . . a force for change and progress, seeking the institutional defense of decency.” ... In America's liberal premises the world had seen “the best promise of the West.
Warraq, Ayaan Hirsi Ali and others issued a "manifesto" defending underlying liberal values of the modern world against the excesses of Islamism:
After having overcome fascism, Nazism, and Stalinism, the world now faces a new totalitarian global threat: Islamism.
We, writers, journalists, intellectuals, call for resistance to religious totalitarianism and for the promotion of freedom, equal opportunity and secular values for all.

The recent events, which occurred after the publication of drawings of Muhammed in European newspapers, have revealed the necessity of the struggle for these universal values. This struggle will not be won by arms, but in the ideological field. It is not a clash of civilisations nor an antagonism of West and East that we are witnessing, but a global struggle that confronts democrats and theocrats.

Like all totalitarianisms, Islamism is nurtured by fears and frustrations. The hate preachers bet on these feelings in order to form battalions destined to impose a liberticidal and unegalitarian world. But we clearly and firmly state: nothing, not even despair, justifies the choice of obscurantism, totalitarianism and hatred. Islamism is a reactionary ideology which kills equality, freedom and secularism wherever it is present. Its success can only lead to a world of domination: man's domination of woman, the Islamists' domination of all the others. To counter this, we must assure universal rights to oppressed or discriminated people.

We reject « cultural relativism », which consists in accepting that men and women of Muslim culture should be deprived of the right to equality, freedom and secular values in the name of respect for cultures and traditions. We refuse to renounce our critical spirit out of fear of being accused of "Islamophobia", an unfortunate concept which confuses criticism of Islam as a religion with stigmatisation of its believers.
We plead for the universality of freedom of expression, so that a critical spirit may be exercised on all continents, against all abuses and all dogmas.

We appeal to democrats and free spirits of all countries that our century should be one of Enlightenment, not of obscurantism.
As Kerry, Warraq, and Ali remind, liberty and a largely peaceful and prosperous society are more valuable than we may realize. Only a few centuries back our ancestors were chopping off heads and burning dissenters at the stake. The civil society of today was won through centuries of hard progress. Yet now our universal civilization, as V. S. Naipaul calls it, is confronted by a jihadist movement which would eradicate these freedoms. It is horrifying beyond belief:
The group doing the killing [in Pakistan] is called Lashkar e Jhangvi, "The Army of Jhangvi" ... LEJ is using massive bombs in places frequented by Shia civilians: social clubs, computer cafes, markets and schools. About 1,300 people have been killed in these attacks since 1999, according to a website dedicated to raising awareness about them. More than 200 have been killed so far this year. ...
"We are solely fighting this war in Allah's name," a spokesman for LEJ told local media, "which will end in making Balochistan a graveyard for the Shias." In an open letter that began to circulate a year and a half ago, LEJ made plain their belief that "all Shi'ites are worthy of killing. We will rid Pakistan of unclean people. Pakistan means land of the pure and the Shi'ites have no right to live in this country."
And as if to acknowledge that theirs is not merely a sectarian conflict but an ethnic one, they laid bare their desire to eliminate one group in particular: "We will make Pakistan the graveyard of the Shi'ite Hazaras and their houses will be destroyed by bombs and suicide bombers. Jihad against the Shi'ite Hazaras has now become our duty."
There is no need to temporize, or posit a false equivalency between such fanatical values and the values of a liberal society, as can be seen when Wafa Sultan, formerly of Syria, debates an imam (French version):
The clash we are witnessing around the world ... is a clash between a mentality that belongs to the Middle Ages and another mentality that belongs to the 21st century. It is a clash between civilization and backwardness, between the civilized and the primitive, between barbarity and rationality. It is a clash between freedom and oppression, between democracy and dictatorship. It is a clash between human rights, on the one hand, and the violation of these rights, on other hand. It is a clash between those who treat women like beasts, and those who treat them like human beings. ...
We have not seen a single Jew blow himself up in a German restaurant. We have not seen a single Jew destroy a church. We have not seen a single Jew protest by killing people. The Muslims have turned three Buddha statues into rubble. We have not seen a single Buddhist burn down a Mosque, kill a Muslim, or burn down an embassy. Only the Muslims defend their beliefs by burning down churches, killing people, and destroying embassies. This path will not yield any results. The Muslims must ask themselves what they can do for humankind, before they demand that humankind respect them.
The "promise of the West" may be clearer to those who come from elsewhere. But so long as we resist the pressure to betray it, it still stands, as the Secretary of State reaffirmed, as a beacon to the world. "Be proud, do not apologize."

Tuesday, February 5, 2013

Executive Power and Imminent Threat

Today's news brings a discussion of
[a] white paper [PDF] . . . which lays out when, precisely, the administration believes it is entitled to order a drone strike against an American citizen.
Ta-Nehisi Coates continues, citing Mike Isikoff:
The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration's most secretive and controversial policies: its dramatically increased use of drone strikes against al-Qaida suspects abroad, including those aimed at American citizens, such as the September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes.
Andrew Sullivan quotes Jacob Sullum:
The problem is that to accept this position, you have to put complete trust in the competence, wisdom, and ethics of the president, his underlings, and their successors. You have to believe they are properly defining and inerrantly identifying people who pose an imminent (or quasi-imminent) threat to national security and eliminating that threat through the only feasible means, which involves blowing people up from a distance. If mere mortals deserved that kind of faith, we would not need a Fifth Amendment, or the rest of the Constitution.
Bill Moyers interviewed Vincent Warren and Vicki Divoll on the topic of drones over the weekend. Warren noted, "the way that the Obama administration is using that [drones] is that they're dropping bombs, targeting for killing of terrorist suspects in countries in which we are not at war, including Yemen, including Pakistan, including places in Africa. ... There is no legal authority for these types of drone attacks. The U.S. cannot drop bombs on people in places that they cannot send troops." Divoll added, "There's plenty of evidence that lots of people are suspected of doing lots of things. And that doesn't mean we shoot them from the sky." (emphasis added)

What does the administration mean by what the "white paper" calls "an imminent threat of violent attack against the United States?"
Certain aspects of this legal framework require additional explication. First, the condition that an operational leader present an "imminent" threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons will take place in the immediate future.
As Conor Friedersdorf wrote, "You can't make this stuff up." 

Non-imminent imminence, extra-judicial capital punishment by the chief executive of people who have not been charged with a crime, are part of a lack of transparency concealing arbitrary exercise of power solely on the basis of the presumed decency, trustworthiness, and inerrant ability to detect guilt, of the person in power.

This is not a new theory. It was in vogue for centuries before the rise of modern liberal democracies, before the American colonies rose up against similar presumption of the English King. It is the theory of the Benevolent Despot—the fond hope that a wise and good absolute ruler might be the best form of government of all.

It should not be difficult to see what is wrong with this. The question is whether this is a free country. The question is whether we are a free people, with our freedom protected by the indispensable concomitant of freedom, the rule of law.

As Coates concluded:
I understand that on some level a democracy generally elects human leaders who will not abuse the spirit of the law. I think Barack Obama is such a leader. That is for the historians to determine. But practically, much of our foreign policy now depends on the hope of benevolent dictators and philosopher kings. The law can't help. The law is what the kings say it is.