Before anyone gets too worked up about this development, it should be noted that there is probably no way to authenticate this alleged letter, and its existence comes to us via Robert Fisk (yes, that “Fisk“). Nevertheless, there is a purported letter from the Ministry of the Interior running around Iran that states the following:
Regarding your concerns for the 10th presidential elections and due to your orders for Mr Ahmedinejad to be elected President, in this sensitive time, all matters have been organised in such a way that the results of the election will be in line with the revolution and the Islamic system. The following result will be declared to the people and all planning should be put in force to prevent any possible action from the opposition, and all party leaders and election candidates are under intense surveillance. Therefore, for your information only, I am telling you the actual results as follows:
Mirhossein Mousavi: 19,075,623
Mehdi Karroubi: 13,387,104
Mahmoud Ahmadinejad: 5,698,417
Mohsen Rezai: 38,716
(signed on behalf of the minister)
Fisk has this to say about it:
They were handing out the photocopies by the thousand under the plane trees in the centre of the boulevard, single sheets of paper grabbed by the opposition supporters who are now wearing black for the 15 Iranians who have been killed in Tehran – who knows how many more in the rest of the country? – since the election results gave Mahmoud Ahmadinejad more than 24 million votes and a return to the presidency. But for the tens of thousands marking their fifth day of protests yesterday – and for their election campaign hero, Mirhossein Mousavi, who officially picked up just 13 million votes – those photocopies were irradiated.
In a highly sophisticated society like Iran, forgery is as efficient as anywhere in the West and there are reasons for both distrusting and believing this document. But it divides the final vote between Mr Mousavi and Mr Karroubi in such a way that it would have forced a second run-off vote – scarcely something Mousavi’s camp would have wanted.
Could this letter be a fake? Even if Mr Mousavi won so many votes, could the colourless Mr Karroubi have followed only six million votes behind him? And however incredible Mr Ahmadinejad’s officially declared 63 per cent of the vote may have been, could he really – as a man who has immense support among the poor of Iran – have picked up only five-and-a-half million votes? And would a letter of such immense importance be signed only “on behalf of the minister”?
That the Independent’s intrepid reporter is cautioning against assuming the veracity and provenance of the letter should tell you something (and, it should be noted, “intrepid” is truly meant here as Fisk is openly and flagrantly defying the journalist ban at great personal risk, for which he deserves great praise and admiration). Whether or not it’s real, the mullahs have their work cut out for them in damage control. If the protesters are fairly enough convinced (and it would appear, for now, at least some of them are), then little more fuel will be needed for the fire. Moreover, others who have been either sitting on the fence, or who thought the election was legitimate, are convinced of a sham due to this letter, then it’s difficult to see how the regime can retain any legitimacy.
In any event, this alleged letter may have a significant effect on the outcome of events in Iran.
Kim Jong-Il is apparently not content with good old-fashioned saber rattling, and instead wants to push the envelope (or the button, as it were) a little further:
North Korea may fire a long-range ballistic missile toward Hawaii in early July, a Japanese news report said Thursday, as Russia and China urged the regime to return to international disarmament talks on its rogue nuclear program.
The missile, believed to be a Taepodong-2 with a range of up to 4,000 miles (6,500 kilometers), would be launched from North Korea’s Dongchang-ni site on the northwestern coast, said the Yomiuri daily, Japan’s top-selling newspaper. It cited an analysis by the Japanese Defense Ministry and intelligence gathered by U.S. reconnaissance satellites.
The missile launch could come between July 4 and 8, the paper said.
While the newspaper speculated the Taepodong-2 could fly over Japan and toward Hawaii, it said the missile would not be able to hit Hawaii’s main islands, which are about 4,500 miles (7,200 kilometers) from the Korean peninsula.
A spokesman for the Japanese Defense Ministry declined to comment on the report. South Korea’s Defense Ministry and the National Intelligence Service — the country’s main spy agency — said they could not confirm it.
If North Korea does carry out such a plan, it would be a most provocative act, bordering on a casus belli. Figuratively speaking, it would not be any different than the child’s game of swinging one’s arms within inches of one’s sibling while declaring “not touching!” In realpolitik terms, it is simply a threat.
Of course, the real question is, what do we do about it?
President Barack Obama and South Korean President Lee Myung-bak met in Washington on Tuesday for a landmark summit in which they agreed to build a regional and global “strategic alliance” to persuade North Korea to dismantle all its nuclear weapons. Obama declared North Korea a “grave threat” to the world and pledged that the new U.N. sanctions on the communist regime will be aggressively enforced.
In Seoul, Vice Unification Minister Hong Yang-ho told a forum Thursday that the North’s moves to strengthen its nuclear programs is “a very dangerous thing that can fundamentally change” the regional security environment. He said the South Korean government is bracing for “all possible scenarios” regarding the nuclear standoff.
In a rare move, leaders of Russia and China used their meetings in Moscow on Wednesday to pressure the North to return to the nuclear talks and expressed “serious concerns” about tension on the Korean peninsula.
The joint appeal appeared to be a signal that Moscow and Beijing are growing impatient with Pyongyang’s stubbornness. Northeastern China and Russia’s Far East both border North Korea, and Pyongyang’s unpredictable actions have raised concern in both countries.
After meetings at the Kremlin, Chinese President Hu Jintao joined Russian President Dmitry Medvedev in urging a peaceful resolution of the Korean standoff and the “swiftest renewal” of the now-frozen talks involving their countries as well as North and South Korea, Japan and the United States.
“Russia and China are ready to foster the lowering of tension in Northeast Asia and call for the continuation of efforts by all sides to resolve disagreements through peaceful means, through dialogue and consultations,” their statement said.
Keep in mind, as well, that North Korea need not tip anyone of those missiles with a nuclear warhead (which it does not yet have the capability to do) in order to pose a significant threat. Reportedly, the Stalinist regime is well-equipped with chemical weapons as well:
The independent International Crisis Group think tank, meanwhile, said the North’s massive stockpile of chemical weapons is no less serious a threat to the region than its nuclear arsenal.
It said the North is believed to have between 2,500 and 5,000 tons of chemical weapons, including mustard gas, phosgene, blood agents and sarin. These weapons can be delivered with ballistic missiles and long-range artillery and are “sufficient to inflict massive civilian casualties on South Korea.”
Although the nations involved have been ready to talk sternly about “grave threats” and to urge further negotiations to quell the tensions, Kim Jong-Il is notably unimpressed. Rather than seeking to retard the North Korean leader’s ambitions, everyone seems insistent upon being cautions in order to avoid “provoking” Kim Jong-Il. That is a shrewd plan when dealing with a crazy person, but in the end, a bully is just a bully, whether he’s crazy or not.
Unfortunately, at some point a swift smack on the nose will be necessary if we truly want to back the recalcitrant dictator up a step or two, which admittedly carries its own unfortunate possibilities. Even if that point is not now, or if and when North Korea sends its missiles hurling dangerously close to our sovereign territory, it does seem to be approaching quickly. Given the rather meek approach taken by all nations thus far, one can only hope that Kim’s own machinations do him under before the international community’s hand is forced.
President Obama’s tapdancing attempt to avoid taking a stand on Iran has come to naught and made him look weak:
The Iranian government, meanwhile, accused the U.S. for the first time of interfering in the postelection dispute. Iran protested to the Swiss ambassador, who represents U.S. affairs in Iran because the two nations have no diplomatic ties. White House spokesman Robert Gibbs said that President Barack Obama stands by his defense of principles such as the right of people to demonstrate.
Even had Barack Obama maintained his silence, this was almost a given. Totalitarianism 101 – seek an external enemy to blame your problems on before you crack down hard internally (although the split in Qom among the mullahs is interesting and adds a new dimension to the story).
And I disagree with the talking heads that calling for free and fair elections is “meddling in the internal affairs of another state” such as Moorhead Kennedy was blathering on about on CNN this morning. That’s not meddling nor is it an attack on a state’s sovereignty – its a call for a state to actually do what they’re claiming they’re doing.
Caroline Glick, writing in the Jerusalem Post, seems to have as good a measure of Barack Obama’s “foreign policy” as anyone I’ve read. Discussing that in the context of Israeli Prime Minister Binyamin Netanyahu’s Sunday speech (two state solution/demilitarized Palestine), Glick writes of Obama and his advisors:
To be moved by rational argument, a person has to be open to rational discourse. And what we have witnessed over the past week with the Obama administration’s reactions to both North Korea’s nuclear brinksmanship and Iran’s sham elections is that its foreign policy is not informed by rationality but by the president’s morally relative, post-modern ideology. In this anti-intellectual and anti-rational climate, Netanyahu’s speech has little chance of making a lasting impact on the White House.
If rational thought was the basis for the administration’s policymaking on foreign affairs, North Korea’s decisions to test long range ballistic missiles and nuclear weapons, send two US citizens to long prison terms and then threaten nuclear war should have made the administration reconsider its current policy of seeking the approval and assistance of North Korea’s primary enabler – China – for any action it takes against Pyongyang. As Nicholas Eberstadt suggested in Friday’s Wall Street Journal, rather than spending its time passing UN Security Council resolutions with no enforcement mechanisms against North Korea, the administration would be working with a coalition of the willing to adopt measures aimed at lowering the threat North Korea constitutes to regional, US and global security through its nuclear and ballistic missile programs and its proliferation activities.
But the administration has done no such thing. Instead of working with and strengthening its allies, it has opted to work with North Korea’s allies China and Russia to forge a Security Council resolution harsh enough to convince North Korean leader Kim Jung Il to threaten nuclear war, but too weak to degrade his capacity to wage one.
Similar to Obama’s refusal to reassess his failed policy regarding North Korea, his nonreaction to the fraudulent Iranian election shows that he will not allow facts to interfere with his slavish devotion to his ideological canon that claims that no enemy is unappeasable and no ally deserves automatic support. Far from standing with the democratic dissidents now risking their lives to oppose Iran’s sham democracy, the administration has reportedly expressed concern that the current postelection protests will destabilize the regime.
Obama has also refused to reconsider his decision to reach a grand bargain with the ayatollahs on Iran’s nuclear weapons program that would serve to legitimize their continued grip on power. His refusal to make a moral distinction between the mullahs and their democratic opponents – like his refusal in Cairo to make a moral distinction between a nuclear-armed Iran and a nuclear-armed America – makes clear that he is not interested in forging a factually accurate or morally clear-sighted foreign policy.
At that point in her article, she brings it home to Israel and points to why, given her assessment of Obama’s foreign policy tendencies, Netanyahu’s speech will not be met with the approbation it deserves, in her opinion, by the US. And she makes a good case for her point which you ought to read.
But I was far more interested in the general analysis than how it specifically applied to Israel because it is one of the best and most clearly stated I’ve seen yet. While she doesn’t say it directly, the path the administration is taking is an extremely dangerous path in dealing with these problems she points too.
Regimes like NoKo and Iran see any conciliatory or ineffective moves toward them as signs of weakness to be exploited. And NoKo is presently in the middle of doing precisely that. Iran, caught up in its own internal difficulties at the moment, will soon follow once those are resolved (and they will be resolved).
To bring it back to the Israeli question, the same sort of policy is at work there – lean on Israel to come up with the solution and make the concessions while mostly ignoring the Palestinian side of the equation. Netanyahu made a point, in his speech, to remind the Obama administration of the very first thing which must be done before any meaningful peace process can begin:
Netanyahu demonstrated that through their consistent rejection of Israel’s right to exist as the Jewish state, the Palestinians – not us – are the side responsible for the absence of Middle East peace.
Until that is done, nothing will change. Instead of trying to get Israel to accept Palestine and make concessions, this should be the focus of the US effort there. Without it, nothing changes. But, as Glick points out, that isn’t the focus of he US effort and thus, it is doomed to failure (and she assumes when it failure is finally admitted, it will be Israel that is blamed).
A very interesting and disheartening read. Like I said, I think Glick has nailed it, and, to quote someone close to the Obama administration, in a few years, unfortunately, these foreign policy chickens are going to “come home to roost”.
He certainly wouldn’t be happy, that’s for sure. Germany’s top soldier isn’t happy with his troops either. Speaking about German soldier complaints about their deployments he said:
“We cannot guarantee soldiers that they will have an all-round feel-good experience,” said General Wolfgang Schneiderhan.
“We have to tell a professional soldier who complains about his third tour of overseas duty that he has to get a grip — this is his profession,” said General Schneiderhan.
“Perhaps the problem is down to the general tendency in society to delegate responsibility to someone else, or perhaps it is the stress associated with change,” he told several hundred army officers and politicians at an official reception.
Ah, social welfare – it does change a culture, doesn’t it? And although the Germans have been a part of the ISAF in Afghanistan since 2001, other members of the NATO team have voiced dissatisfaction with their performance. That may be because they are participating (I hesitate to use the word “fighting”) with one hand tied behind their back:
German Medevac helicopters have to be back at base by dusk. German Tornado aircraft are restricted to unarmed reconnaissance. Der Spiegel magazine highlighted the case recently of a Taleban commander — nicknamed the Baghlan Bomber because of his role in blowing up a sugar factory in that northwestern province — who was cornered by the KSK German special service unit but allowed to escape; under the terms of engagement imposed by Parliament the KSK are not authorised to kill unless they are under attack.
So since they don’t fight at night (unless they’re willing to do it without medevac support), what do they do? Well, they drink. Forget cultural sensitivity, the German force of 3,500 goes through 90,000 bottles of wine and 1.7 million pints of beer a year:
The reports of soldiers’ complaints made to parliament by Reinhold Robbe, the ombudsman, paint a picture of a force that is concentrating more on its own wellbeing than on the peace-keeping mission.
The diet is heavy on carbohydrates, low on fruit and a higher proportion of soldiers are overweight than in the civilian population of Germany. Mr Robbe admitted that too many soldiers had a “passive lifestyle”. In short the soldiers are fat, they drink too much and spend a great deal of time moaning.
Truly signs of a very unhealthy force in more ways than one. And this is one of our primary NATO allies? And we wonder why Afghanistan is going so swimmingly?
While I’ve been monitoring the upheaval in Iran, I’ve also been fascinated by the debate (and commentary) over what President Obama should or shouldn’t say about what is going on there.
Politico makes the point that the administration doesn’t want to become is part of the story. Consequently the State Department has been studying the situation, the White House was “monitoring” it and Obama had been silent. Finally, when the silence had become awkward, and other world leaders had spoken out, Obama finally commented:
“I am deeply troubled by the violence that I’ve been seeing on television,” Obama said Monday, more than two days after protests began to break out Saturday in Tehran. “I think that the democratic process, free speech, the ability of people to peacefully dissent — all of those are universal values and need to be respected, and whenever I see violence perpetrated on people who are peacefully dissenting, and whenever the American people see that, I think they are rightfully troubled.”
Not exactly the strongest statement in the world. Certainly better than silence, but not much.
You know, here’s a chance to show a little leadership, call on the ruling mullahs to do a careful investigation, invite in election monitors from around the world and have a run off so the world can see “the democratic process” actually works in Iran. Not that any of that would happen, but putting it out there as what should happen calls Iran’s hand, and puts pressure on the regime to respond.
Instead we get a statement that is more philosophical than practical, more general than specific. Something that can easily be waved away by Iran. Obama went on to say:
“I think it’s important that, moving forward, whatever investigations take place are done in a way that is not resulting in bloodshed and is not resulting in people being stifled in expressing their views,” he said.
Again, little of substance, carefully avoiding any condemnation or judgment concerning the events of the election. More talk about a process instead of the claimed irregularities.
The closest he got to actually criticizing the regime came when he talked about the desire to talk with Iran:
Obama reasserted a promise for “hard-headed diplomacy” with any Iranian regime and stressed that he wasn’t trying to dictate Iran’s internal politics, but he also expressed sympathy with the supporters of the opposition, describing “a sense on the part of people who were so hopeful and so engaged and so committed to democracy, who now feel betrayed.”
Again, very nuanced, and, at least in my opinion, very weak. Certainly I appreciate the concerns about being perceived as “trying to dictate Iran’s internal politics”, but condemning violence, election irregularities and arrests don’t really do that, do they? And while he hits around those things, he never does, in fact, condemn them. He’s “troubled” by the violence, he’s “sympathetic” with the “opposition”, and he hopes that those with dissenting views won’t be “stifled”.
Meanwhile other world leaders have spoken out more forcefully and specificially:
French Foreign Minister Bernard Kouchner called for an investigation of the election results, and German Chancellor Angela Merkel said flatly that there were “signs of irregularities” in the results.
“Expressions of solidarity with those who are defending human rights, with students and others, are important,” former Czech President Vaclav Havel said Monday.
“We respect Iranian sovereignty and want to avoid the United States being the issue inside of Iran.”
Really? The US has been the “issue inside Iran” for 30+ years. It has been the “Great Satan” since the revolution. It can’t escape being the issue even when it remains silent.
Leaders who claim to represent democracy step up when a crisis dictates a strong response. Apparently Rahm Emanuel’s “never let a good crisis go to waste” only applies domestically in the Obama administration. With the hope of engaging who ever comes out on top in Iran, Obama is content to only give tepid support to those actually engaged in trying to establish democracy in Iran.
That’s not leadership. But it isn’t unexpected either.
The Iranian government has started making moves to quell the protests that have arisen in the wake of the contested Iranian presidential election.
Move one was for Iran’s supreme leader, Ayatollah Ali Khamenei, to meet with Mir Hussein Moussavi and agree to investigate his allegations of election irregularities. This will again provide the veneer of legitimacy when the “investigation” returns its verdict of minor irregularities but none serious enough to invalidate the election within 10 days.
In the meantime, Khamenei apparently got Moussavi to help stop the protests:
The protesters gathered in Tehran despite a government ban on further demonstrations, and at one point Mr. Moussavi apparently called off the rally. As originally planned, the rally was to begin at Tehran University and reach Azadi Square several miles away.
But it apparently never got under way.
The other reason has to do with what we talked about on the podcast last night. Most of the protests are coming from university student groups. Those groups have been thoroughly infiltrated by police informers. Last night, police moved on the information gathered:
Opposition Web sites reported that security forces raided a dormitory at Tehran University and 15 people were injured. Between 150 and 200 students were arrested overnight, by these accounts, but there was no immediate confirmation of the incident from the authorities. There were also reports of official action against students in the cities of Esfahan, Shiraz and Tabriz.
In addition, leaders of the opposition were rounded up:
The opposition members arrested late Saturday and Sunday were from all the major factions opposed to Mr. Ahmadinejad and included the brother of a former president, Mohammad Khatami, opposition Web sites reported. Some were released after several hours.
Meanwhile Ahmadinejhad wrote off the opposition protests as “unimportant” and likened them to disappointed soccer fans. He also invoked the external threat:
He suggested the accusations of fraud were the work of foreign agitators and journalists.
Classic police-state tactics, with a twist. For whatever reason the Iranian mullocracy finds it desirable to have at least the veneer of democratic legitimacy associated with their authoritarian rule. So they will go through this charade of an investigation in an attempt to maintain it. But if anyone thinks that the outcome will be any different than that announced previously by the Interior Ministry, there’s a well-known bridge in Brooklyn you may be interested in buying.
Electoral, of course.
Given the announced size of the victory (62.6% to 34%), we’re to believe that the majority of the country is quite happy to maintain the confrontational course (and style) set by President Mahmoud Ahmadinejad. Not that it makes a particular difference (since the candidates all were approved by the ruling mullahs and in the case of Ahmadinejad, his opponent’s “reform” label was a relative one to begin with) in the long run. But given the reported unpopularity of Ahmadinejad and the vast turnout, it’s hard to believe that he was the first choice of the majority of those voting.
Mir Hossein Mousavi, the “opposition” candidate, claims there’s bee widespread vote fraud and he’ll take his case to court:
“I’m warning that I won’t surrender to this manipulation,” Mousavi said in a statement posted on his Web site Saturday. He said the announced results were “shaking the pillars of the Islamic Republic of Iran’s sacred system” and represented “treason to the votes of the people.” He warned that the public would not “respect those who take power through fraud.”
“I would like to inform you that in spite of wide-ranging fraud and problem-making, according to the documents and reports we have received, the majority of your votes have been cast in favor of your servant,” the statement said. It concluded with a veiled suggestion of a possible confrontation, calling his supporters into the streets to celebrate his victory Saturday night and warning that if the votes are not fairly counted, “I will use all legal facilities and methods to restore the rights of the Iranian people.”
Meanwhile the mullahs have signaled the voting charade is over:
Iran’s Supreme Leader Ayatollah Ali Khameni praised Ahmadinejad’s election and called on his rivals to cooperate with him.
In Iran, that’s as good as the fat lady singing.
So much for the “robust debate”. So much for the “unclenched fist” as well.
That Obama guy really knows what he’s doing! Yessir – we’re in good hands. And he’s sure making our friends in the world like us more than when that evil Bush was in the White House. Umm hmm:
The British Government responded with ill-disguised fury tonight to the news that four Chinese Uighurs freed from Guantanamo Bay had been flown for resettlement on the Atlantic tourist paradise of Bermuda.
The four arrived on Bermuda in the early hours, celebrating the end of seven years of detention after learning that they were to be accepted as guest workers.
But it appears that the Government of Bermuda failed to consult with the Foreign and Commonwealth Office on the decision to take in the Uighurs – whose return is demanded by Beijing – and it could now be forced to send them back to Cuba or risk a grave diplomatic crisis.
Foreign Policy 101 – coordination and negotiation with friendly countries before doing something like this for which they now have to take responsibility.
What has happened to our State Department? Lobotomies?
UPDATE: It only gets worse:
Pressed on whether the US had told the British government, an unnamed state department official was quoted as saying: “We did talk to them before the Uighurs got on the plane.”
Now a senior US official has told the BBC it was a deliberate decision not to consult London on the resettlement, after other countries came under pressure from China not to accept the Uighurs.
In a highly unusual move, a senior US official said Washington opted to keep details of the deal from London until the last minute to enable Britain to deny all knowledge of the deal and thus avoid China’s anger, says the BBC’s Washington correspondent Kim Ghattas.
The official said they expected London to be upset but added he felt the deal was made on solid ground, in direct talks with the Bermuda government, who accepted the men as part of guest worker programme.
Yeah — no arrogance there, huh? Kind of like the UK doing the same thing on Puerto Rico. Who would China go after – the governor or PR or the US?
An interesting discussion broke out in the comment section of the Miranda post, which I’m hoping will continue. The primary issue (and I’m simplifying here) centers around just how detainees caught on a battlefield should be handled if they don’t fit the established parameters of soldiers under the Geneva Conventions. Although there appears to be agreement that reading detainees Miranda rights is a step (or three) too far, there is also wide agreement that we should be skeptical about allowing our government so much latitude as to hold anyone indefinitely. I think closing the gap on those parameters is the challenge to be met, but I don’t think it is possible to do so without understanding how war differs from law enforcement.
Clausewitz defined war as “continuation of policy with other means.” The crux of his definition is that “war” is simply a tactic used to further political goals. War is not waged as end in itself, but as a means towards other ends which, for whatever reason, could not be accomplished through non-violent tactics. There are always exceptions, of course, but certainly a rational state will not expend blood and treasure when the same goals can be accomplished without. Even an irrational state, with irrational goals, will not waste such resources if it understands that it does not have to.
The other tools in the box for continuing policy include diplomacy and capitulation. Once those are deemed exhausted or unacceptable (as the case may be) then the tool of war is likely to appear. In other words, if agreement cannot be reached between erstwhile enemies, and surrender by one side or the other is not acceptable, then actual battle will be necessary to decide whose policy will be continued. At that point all manner of understanding between the parties is dead and only victory or a credible threat thereof will allow the discarded tools to once again be used in the construction of policy.
In the absence of war, there is general agreement as to how competing parties will conduct themselves in the pursuit of their policies. Citizens may vote, senators may argue, special interests may agitate, and whole nations may barter. The agreements may deal with how citizens deal with one another, how governments deal with their citizens, or how violations of the agreements are handled (i.e. law enforcement). In the modern world those general agreements are reduced to treaties, constitutions, rules, regulations and the like, all of which may be considered law. The policies themselves may also be enacted into law, but without some understanding as to the mechanisms for peacefully deciding which policy will be followed, then war is the only tool available. A rule of law, which is only useful where there is broad agreement on it, obviates the need to use war to advance policy. All of the foregoing are the hallmarks of a civil society that depends on pursuing policies through peaceful tactics. To turn Clauswitz’s definition around, law is the continuation of war by other means.
To be sure, transgressors of law will be dealt with at times in violent ways, but there is at least a tacit agreement to the law’s authority to do so where the violator is operating from within the society and generally partaking of its benefits. If enough transgressors get together then the agreements have broken down, and civil war or revolution may occur. Therefore, war can be understood as the tactic that is used when the law has ceased to be of use. More simply, war is the absence of law.
Given the above, which is nothing more than a condensed version of my personal views on the subject, it is difficult for me to understand how legal concepts can be introduced into war. Opposing factions may agree with one another to fight under particular rules of engagement, or to treat enemy prisoners a certain way, but when those rules are broken there is no legitimate authority to enforce them. The Geneva Conventions represent a more elaborate attempt to impose limits on warfare, but even those were never intended to apply to non-signatories except in very limited circumstances (pre-Hamdan anyway). More importantly, it seems obviously ludicrous to apply laws outside such limited agreement to any of the parties involved in battle, because there would be no battle if such laws were being adhered to in the first place.
So while any number of parties may agree amongst themselves to fight under self-imposed rules, that does not give any of them authority to impose those rules on others. Furthermore, except where explicitly agreed to otherwise, such rules would not govern war between a party to such an agreement and a non-party. To look at it another way, if Mike Tyson and Evander Holyfield agree to fight under certain sanctioned rules, that does not mean that either fighter must adhere to the same rules if attacked by a third party on the way home from the match.
Accordingly, in a world of asymmetrical warfare, the basic principle that “war is the absence of law” seems to apply. In this context, the very idea of approaching war with terrorists in foreign countries under a rubric of law intended to govern domestic life appears absurdly out of place. Treating detainees captured on the battlefield to the luxury of legal niceties intended to protect the very citizens those terrorists seek to harm defies all logic. And pretending that reading any of them Miranda rights will do anything more than hamper our ability to defeat these cretins is an exercise in serious delusion. In short, law is a manifestation of the agreements underlying a peaceful community, and war is the means of protecting those agreements from those who seek to subvert them.
When considering just where the line should be drawn then, between reading enemies their “rights” and allowing the government to detain them indefinitely, I think it’s useful to understand that we are not really talking about a “rule of law.” Instead, we are talking about how best to utilize the tactic of war in furthering our policy of not allowing crazed radicals to murder our citizens. While I find great merit in placing the government (i.e. our instrument of war) on a firm leash, I don’t think it is at all useful to conflate the means by which we protect ourselves from an overbearing government with the means by which the government protects us from enemies bent on our destruction.