Life And Limited Liberty
This column was written by Emanuele Ottolenghi.
The death of Jean Charles de Menezes last Friday is a tragedy.
One day after the second spate of terror attacks hit London and with four terrorists still at large, Menezes was mistaken by the metropolitan police as a terrorist and, upon failing to obey orders to halt he was shot five times at close range as he entered a crowded train at a metro station. Bad policing maybe, but what if he had been the right guy? What if he were a terrorist and were about to detonate an explosive belt to kill scores of innocent bystanders? No tears would be shed and those policemen who shot him would be heroes now. The difference between a successful counterterrorism operation and a tragic blunder was, in the final analysis, predicated upon bad intelligence and a split-second decision, something that the war on terrorism will continue to experience. And the context and circumstances of the event suggest that the police acted reasonably. Still, an innocent man is dead and with terrorists still at large democracies owe themselves a moment of reflection. What price must democracy pay to defeat terrorism?
Americans have apparently understood the nature of the terrorist threat. They know they are at war. Despite bombings in London and Madrid and the murder of Dutch filmmaker Theo Van Gogh, Europe seems to believe terrorism can be fought with the same means used for ordinary crime. But fighting crime and fighting a war are two different businesses indeed. That is why when Menezes was killed in broad daylight by plainclothes policemen in the midst of a terrified crowd many disapproved even before they knew he was innocent. Even if he had been a terrorist, arrest would have been preferable.
As in the case of Israel's policy of targeted killings, even those who understand the plight of the Jewish state often demand that terrorists be apprehended and brought to justice, decrying the action as "extra-judicial killings." Better a terrorist apprehended alive of course, for a host of reasons. Is this feasible though, especially in the age of suicide bombers, or is this enunciation of principle just a recipe for inaction?
One can sympathize with the opinion that no freedom should be sacrificed on the altar of security, but unless this is qualified, in the post-9/11 world this view is neither serious nor realistic.
It is not serious, because liberalism has always postulated the possibility of a temporary suspension of freedoms to confront national emergencies. States of emergencies are regulated in liberal democracies so as not to allow disproportionate measures: the extent of restrictions must be correlated to the nature of the threat. In war and catastrophe, democracies accept limits on freedom of the press, movement, immigration, expression and assembly, rationing and curfews, military courts and anti-sedition laws.
National Review Online The death of Jean Charles de Menezes last Friday is a tragedy.
One day after the second spate of terror attacks hit London and with four terrorists still at large, Menezes was mistaken by the metropolitan police as a terrorist and, upon failing to obey orders to halt he was shot five times at close range as he entered a crowded train at a metro station. Bad policing maybe, but what if he had been the right guy? What if he were a terrorist and were about to detonate an explosive belt to kill scores of innocent bystanders? No tears would be shed and those policemen who shot him would be heroes now. The difference between a successful counterterrorism operation and a tragic blunder was, in the final analysis, predicated upon bad intelligence and a split-second decision, something that the war on terrorism will continue to experience. And the context and circumstances of the event suggest that the police acted reasonably. Still, an innocent man is dead and with terrorists still at large democracies owe themselves a moment of reflection. What price must democracy pay to defeat terrorism?
Americans have apparently understood the nature of the terrorist threat. They know they are at war. Despite bombings in London and Madrid and the murder of Dutch filmmaker Theo Van Gogh, Europe seems to believe terrorism can be fought with the same means used for ordinary crime. But fighting crime and fighting a war are two different businesses indeed. That is why when Menezes was killed in broad daylight by plainclothes policemen in the midst of a terrified crowd many disapproved even before they knew he was innocent. Even if he had been a terrorist, arrest would have been preferable.
As in the case of Israel's policy of targeted killings, even those who understand the plight of the Jewish state often demand that terrorists be apprehended and brought to justice, decrying the action as "extra-judicial killings." Better a terrorist apprehended alive of course, for a host of reasons. Is this feasible though, especially in the age of suicide bombers, or is this enunciation of principle just a recipe for inaction?
One can sympathize with the opinion that no freedom should be sacrificed on the altar of security, but unless this is qualified, in the post-9/11 world this view is neither serious nor realistic.
It is not serious, because liberalism has always postulated the possibility of a temporary suspension of freedoms to confront national emergencies. States of emergencies are regulated in liberal democracies so as not to allow disproportionate measures: the extent of restrictions must be correlated to the nature of the threat. In war and catastrophe, democracies accept limits on freedom of the press, movement, immigration, expression and assembly, rationing and curfews, military courts and anti-sedition laws.
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