David Cole, writing in the May 3, 2010, edition of the Nation, notices a curious silence about the Obama administration’s recent decision to green-light the targeted killing of Anwar al-Awlaki, an American citizen hiding in Yemen who has allegedly encouraged and even planned terrorist attacks against Americans. “In our peculiar post-9/11 world,” he writes, “it is apparently less controversial to kill a suspect in cold blood than to hold him in preventive detention.”
It almost (but not quite) looks like an inversion of our World War II–era policy. Some American soldiers at the time thought it less of a hassle, and no doubt more satisfying, to shoot captured Germans than to herd them off battlefields into prisons. That was not, however, what they were ordered to do. Captured enemy combatants were to be treated decently and held until the war ended. It was the right thing to do, even in a war against Nazi Germany. So that’s what they did, at least most of the time.
Yet here we are, more than 60 years later, with a liberal Democrat in the White House, and a broad swathe of the American public seems more comfortable having a man shot or vaporized by a Predator drone than given three square meals and a mattress for an undefined period.
I agree with Cole that it’s strange, but there’s another way to look at this that he might consider.
“The argument for preventive detention during armed conflicts,” he writes, “has always been that since the army is authorized to kill an enemy combatant, it must be permitted to take the lesser step of detaining him for the duration of the conflict. If so, shouldn’t we be at least as concerned about executive killing as we are about executive detention?”
That’s one way to frame it. Here is another: if killing enemy combatants in the field is okay, why shouldn’t we be able to take the lesser step of detaining them until the end of the conflict?
Cole is quite right that detaining an enemy combatant for the duration is a lesser step than zotting him from the heavens. That would be true no matter how long the conflict grinds on. Even life imprisonment beats the pants off the battlefield equivalent of capital punishment, at least for most people. Imprisonment with the real possibility of being set free beats both.
Maybe I’m reading him wrong, but he seems to be suggesting the U.S. should restrict, if not outright ban, both the targeted killing and indefinite detention of terrorists. There are reasonable suggestions out there for how we could do both slightly differently and a little more ethically, and citizens in democratic societies should always debate these kinds of questions, but a sharp curtailment or prohibition of both would be ludicrous, especially while tens of thousands of our soldiers are deployed in war zones and some unknown but appreciable number of terrorists still plan to wreak havoc.