Good For a Sunday Read

I will have more to say about this a bit later, but for the time being I highly recommend that you take the time to read Michael Ignatieff's cover article in today's New York Times Magazine: "Lesser Evils". Ignatieff is here talking very practically and even-handedly about the 'war on terror' -- namely, how one wins (and loses) such a war.

A teaser:

Regulating a war on terror with ethical rules and democratic oversight is much harder than regulating traditional wars. In traditional wars, there are rules, codes of warriors' honor that are supposed to limit the barbarity of the conflict, to protect civilians from targeting, to keep the use of force proportional and to keep it confined to military objectives. The difference between us and terrorists is supposed to be that we play by these rules, even if they don't. No, I haven't forgotten Hiroshima and My Lai. The American way of war has often been brutal, but at least our warriors are supposed to fight with honor and can be punished if they don't. There is no warrior's honor among terrorists.

[. . .]

The siren song in any war on terror is ''let slip the dogs of war.'' Let them hunt. Let them kill. Already, we have dogs salivating at the prospect. A liberal society cannot be defended by herbivores. We need carnivores to save us, but we had better make sure the meat-eaters hunt only on our orders.

Taunting us until we let the dogs slip is any canny terrorist's best hope of success. The Algerian terrorists who fought the French colonial occupation in the 1950's had no hope of defeating the armies of France in pitched battle. Their only chance of victory lay in provoking the French into a downward spiral of reprisals, indiscriminate killings and torture so that the Algerian masses would rise in hatred and the French metropolitan population would throw up its hands in disgust. The tactic worked. Terror won in Algeria because France lost its nerve and lost its control of counterterror.

[. . .]

On all fronts, keeping a war on terror under democratic scrutiny is critical to its operational success. A lesser-evil approach permits preventive detention, where subject to judicial review; coercive interrogation, where subject to executive control; pre-emptive strikes and assassination, where these serve publicly defensible strategic goals. But everything has to be subject to critical review by a free people: free debate, public discussion, Congressional review, in camera if need be, judicial review as a last resort. The war needs to be less secretive, not more. We need to know more about it, not less, even if what we learn is hard. If it comes to it, we need to know, every time we fly, that in case of a hijacking, the president has authorized our pilots to shoot us down if a crash risks killing still more people. In a war on terror, painful truth is far better than lies and illusions.

Above all, we need to keep faith with freedom. When terrorists strike against constitutional democracies, one of their intentions is to persuade electorates and elites that the strengths of these societies -- public debate, mutual trust, open borders and constitutional restraints on executive power- are weaknesses. When strengths are seen as weaknesses, it is easy to abandon them. If this is the logic of terror, then democratic societies must find a way to renew their belief that their apparent vulnerabilities are actually a form of strength. This does not require anything new or special. It simply means that those who have charge of democratic institutions need to do their jobs. We want C.I.A. men and women who understand that the dogs of war are needed, but that they need to be on a leash. We want judges who understand that national security is not a carte blanche for the abrogation of individual rights; a free press that keeps asking, Where are the detainees and what are you doing with them? We want a Congress that will not allow national security to prevent it from subjecting executive power to adversarial review. This, after all, is only what our Constitution intends. Our institutions were designed to regulate evil means and control potentially evil people.

The middle way -- that of an ethically responsible, and yet powerfully persuasive, democracy under the seige of terrorism -- is certainly difficult. But who would argue today that it's not worth the effort? The imperative and painful trick at this point, however, is assessing our success thus far.