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Friday, Sep. 14, 2001. Page 8 

Justice Is a Dish Best Served Cold

By Nicholas Berry 



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The first impulse is to strike hard. "America Under Attack," headlines
CNN. Anger boils. Members of Congress call for a robust military
response. Conventional wisdom expects retribution. Officials and
columnists scream that "this is war." This is not war. This is not
another Pearl Harbor. This is terrorism. 

Although military action is now manditory, terrorism must be treated
differently than an attack upon the United States by a foreign nation.
War is the use of armed force to break an enemy's will to resist. The
enemy's economy, population and political authority are the focus of
combat and psychological operations. War ends when terms are accepted.

Osama bin Laden's al Qaeda (the Base) terrorist network, the only
organization other than the IRA capable of such a complex, professional
terrorist attack, is not a state, has no economy, and has no
constitutional political responsibility for a nation. It can exist as
long as its leaders and members survive. It has no incentive to accept
terms � and the United States has no terms to offer. 

Terrorists use violence to weaken a hated political authority. They do
not plan to conquer America, but instead induce Washington to do
something stupid, costly and counterproductive, such as killing innocent
civilians. They want drama, big drama, to advertise their
anti-U.S.-Israel struggle. 

The more massive the use of force the United States directs at al Qaeda
and its supporters, the higher the terrorist's political cause is
elevated. Any setback by the United States -- losing aircraft, having
the raiding party decimated or captured, or incurring huge collateral
damage -- will appear to be another major victory for the terrorists. 

A quick and clumsy response could very well bog down U.S. forces in
protracted operations on difficult terrain. The United States should not
play this game. 

Instead, show patience. Gather evidence. Track the directorate of al
Qaeda and its main lieutenants, for surely they have all gone to ground
and dispersed. Network with scores of foreign intelligence agencies,
especially those of Britain, France, Germany, Russia, Egypt and Israel,
that have agents and monitoring capabilities on terrorists and their
cells. 

Identify the guilty to America and the world. Act only when there is a
high probability of success. And that will take time and extensive
planning. 

What of those who harbor the terrorists? It was a mistake for President
George W. Bush to proclaim: "We will make no distinction between the
terrorists who committed these acts and those who harbor them." A
distinction must be made. Attacking Afghanistan, Iran and/or Iraq would
have seriously adverse consequences. 

First, Afghanistan's Taliban was undoubtedly as surprised as everyone
else by the attack. Second, the governments of these countries have
priorities other than inciting and confronting overwhelming U.S. armed
might. Third, attacking them would unite all factions in these
governments and their populations against the United States and Israel. 

This would expand support for the terrorist organization. This would be
war. And does the United States want to promote -- in alliance with
Israel -- a wider conflict against major oil producers? Does the United
States want to endorse the policies of Prime Minister Ariel Sharon,
perhaps the most hated person in the Arab and Islamic world? Is
Washington willing to use sufficient force in the air and on the ground
to compel these states to give up the terrorists and the officials who
harbor them? This is not war and should not be made one.

The object of war is not to destroy and eliminate a state for all time.
A Carthaginian peace involves genocide or mass murder. But the object of
a campaign against such a dangerous terrorist organization as al Qaeda
is to destroy and eliminate it for all time. 

Al Qaeda cannot be reformed, cannot be lived with, and cannot be allowed
to exist. Its leaders must be removed from operational command, its
popular support diminished, its sanctuaries denied, and its rank and
file compelled to melt away. 

Although military forces must necessarily be involved in performing
these tasks, their role is more that of police than of warriors. Like
police work, the apprehension of the perpetrators presages public trials
that serve to condemn and punish their bloody deeds. Specific officials
who harbor terrorists should likewise be indicted. Unlike the brute
force of terrorists, trials are the civilized means of ensuring justice.
The rule of law thereby contrasts with the rule of the jungle. 

Of course, like police, soldiers might find it necessary to shoot when
apprehension is resisted, although killing all the suspects would be a
political set back. Diplomacy, too, has a role in eliminating the
terrorists' political cause. 

Peace in the Middle East is long overdue. The anger over the Palestinian
issue feeds the likes of al Qaeda, Hamas, Islamic Jihad, Saddam Hussein,
Osama bin Laden and others. Bush's hands-off policy has not enhanced the
security of Israel. Ultimately, Israel and Palestine will have to be
reconciled.

And that will not require war, either.

Nicholas Berry is a senior analyst at the Center for Defense
Information. He contributed this comment to The Moscow Times. 

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