In one sense the Obama administration's reported
creation of a “playbook” establishing rules for killing alleged terrorists helps to meet calls from outside commentators—this one included—to clarify the criteria that are being applied to such assassinations. Writing this kind of manual, however, has another side. It represents the ins utionalization of worldwide assassinations as a regular, ongoing business of the United States government. As such it raises larger questions, which the playbook might not address at all, of how an assassination program does or does not conform with the pursuit of U.S. national interests.
Ins utionalization of anything entails a bias toward its indefinite continuation, and maybe even its expansion. This tendency has often been discussed regarding other government programs, sometimes with a tie-in to what is outside government. The military-industrial complex about which Eisenhower warned, for example, represents a bias toward big defense expenditures and military operations to justify such expenditures. Likewise, it has often been remarked that creation of a bureaucracy to run domestic program X immediately creates a vested interest in favor of continuing and even expanding program X. Why should such tendencies not be just as likely to appear with an assassination program?
The
Washington Post's story about the manual leads with the news not only that the manual is near completion but also that it will not be applied for a year or two to drone strikes in Pakistan. Thus what is considered short-term and exceptional is limited to what is going on now in Pakistan. By implication and contrast, all of the other worldwide assassinations cons ute something regular and long-term, and, so far as we know, limitless in both duration and geographic scope.
Lest we forget, it was not all that long ago that Americans and their presidents considered assassinations sufficiently contrary to American values that we should rule them out, as Gerald Ford, Jimmy Carter and Ronald Reagan all did by executive order. What has changed since then to erase this determination? Oh, there's 9/11 of course, although the unraveling of the prohibition on assassinations actually began (with Osama bin Laden in particular in mind) a few years before 9/11. And even if it were all about 9/11, why should the fact that one bunch of terrorists hit a high-casualty jackpot be a reason for us to change our thinking on this subject in such an apparently fundamental way? Regarding morality, since this was originally a matter of consistency with American values, have our values really changed that much? Regarding legality, is there no limit to which that one resolution authorizing force that Congress passed in the emotional week after 9/11 be stretched in terms of either duration or geographic scope?