Francis A. Boyle Law Building 504 E. Pennsylvania Ave. Champaign, IL 61820 USA 217-333-7954(voice) 217-244-1478(fax) [EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> -----Original Message----- From: Boyle, Francis [mailto:[EMAIL PROTECTED]] Sent: Thursday, September 20, 2001 8:12 AM To: 'AALS Section on Minority Grps. mailing list' (E-mail) Subject: Rule of Law v. Rule of War:Jeff Cohen From: "Jeff Cohen" <[EMAIL PROTECTED]> Sent: Wednesday, September 19, 2001 11:13 PM Subject: Jeff Cohen Column > RULE OF LAW VS. RULE OF WAR: > Are Media Missing the Lesson of Oklahoma City? > > By Jeff Cohen > > Many media voices are enlisting in the push toward war. CBS anchor Dan > Rather seemed more soldier than reporter on Monday's Letterman show when > he endorsed the war drive and added: "George Bush is the President.. > Wherever he wants me to line up, just tell me where." > > It's worth remembering that a similar push followed the last dreadful > act of terrorism against America on our soil, Oklahoma City. Many in the > mass media immediately began goading us toward retaliation against a > presumed Arab, Islamic enemy. Columnist Mike Royko called for the > overseas bombing of civilian infrastructures: "If it happens to be the > wrong country, well, too bad." > > The bellicose rhetoric came to a stunning halt as soon as it was learned > that the anti-American terrorists were not from the Mideast. In fact, > one was from the Midwest -- Michigan. The leader was Timothy McVeigh, > who went to his death believing himself to be at war against the U.S. > > Perhaps the lesson to be learned from Oklahoma City is that our country > did not take the bait. The U.S. did not declare war on McVeigh and his > network of extremist fellow-travelers. The Bill of Rights and civil > liberties were not trampled on the path to increased security. > > Instead, McVeigh and his accomplices were dealt with as a democracy > deals with mass murderers. They were apprehended, prosecuted and > punished after being given trials, lawyers, the right to confront > witnesses and challenge evidence. The armed fanatics who sympathized > with McVeigh were not all hunted down and destroyed, but they've > certainly been quieted. Many of us abhor the death penalty that was > given to McVeigh, but the rule of law prevailed. > > The terrorists behind the attacks on the Twin Towers and the Pentagon > are more numerous, perhaps more dangerous and better protected than > McVeigh and friends. Still, it's appalling how little mainstream media > have discussed relying on the rule of law -- international law -- to > pursue the foreign terrorists. > > Few news reports have pointed out that there is one body under > international law that can authorize military action: the United Nations > Security Council. If the U.S. has strong evidence against Osama bin > Laden and associates, and Afghanistan continues to refuse extradition to > the U.S., the two countries could negotiate surrender of the suspects > to a neutral country for trial (as happened with Libyan agents tried for > the Lockerbie explosion). If that approach fails, the U.S. could present > its case to the Security Council, which could authorize the equivalent > of an international arrest warrant. > > That the United States of America should uphold and adhere to > international law is seen as preposterous, un-American and weak. In a > piece titled, "To War, Not to Court," Washington Post columnist Charles > Krauthammer wrote: "Secretary of State Colin Powell's first reaction to > the day of infamy was to pledge to 'bring those responsible to justice.' > This is exactly wrong." > > Fox News Channel offered a rare interview with an actual expert in > international law, Francis Boyle of University of Illinois, who offered > a step-by-step legal process for pursuing the terrorists -- which > provoked an indignant Bill O'Reilly to decry "empowering the U.N." Days > later on his show, one of the most watched on cable news, O'Reilly > advocated bombing and destroying the civilian infrastructures of > Afghanistan and Iraq, followed by attacks on Libya. > > Listening to the Krauthammers and O'Reillys and leaping into unilateral > action does more than undermine the rule of law. It isolates the U.S. > instead of isolating the terrorists. Much of the world will see an > excessive or misdirected U.S. military action as a tragic rerun of > adventures that have callously injured innocent civilians from Panama to > Iraq to Sudan. > > And a new misstep will breed ever more anti-American terrorists. > -------------------------- > Jeff Cohen is the founder of FAIR, a national media watch group based in > Manhattan, and a media critic on the Fox News Channel. > > For more on media coverage since 911: http://www.fair.org > To unsubscribe from this group, send an email to: [EMAIL PROTECTED] Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
