Tuesday, January 7, 2020

Will American military refuse an illegal order from the president. We may very well soon have an answer.

Peter Baker and Maggie Haberman (NY Times) report that Pentagon Rules Out Striking Iranian Cultural Sites, Contradicting Trump. The defense secretary acknowledged that “the laws of armed conflict” prohibited attacking antiquities and said the military had no plans to do so, even though the president declared them targets.

So will we or won’t we attack Iran’s antiquities?

The president says yes – and yes again.

The furor was a classic controversy of Mr. Trump’s creation, the apparent result of an impulsive threat and his refusal to back down in the face of criticism. When Mr. Trump declared on Saturday that the United States had identified 52 potential targets in Iran if it retaliates for the American drone strike that killed Maj. Gen. Qassim Suleimani, none of those targets qualified as cultural sites, according to an administration official who asked not to be identified correcting the president.

Nonetheless, when Mr. Trump casually said on Twitter that they included sites “very high level & important to Iran & the Iranian culture,” the resulting uproar only got his back up. Rather than simply say that cultural sites were not actually being targeted, the official said, he decided to double down the next day with reporters flying with him on Air Force One, scoffing at the idea that Iran could “kill our people” while “we’re not allowed to touch their cultural site,” saying, “It doesn’t work that way.”

The Secretary of Defense says no.

Defense Secretary Mark T. Esper sought to douse an international outcry on Monday by ruling out military attacks on cultural sites in Iran if the conflict with Tehran escalates further, despite President Trump’s threat to destroy some of the country’s treasured icons.

Mr. Esper acknowledged that striking cultural sites with no military value would be a war crime, putting him at odds with the president, who insisted such places would be legitimate targets. Mr. Trump’s threats generated condemnation at home and abroad while deeply discomfiting American military leaders who have made a career of upholding the laws of war.

“We will follow the laws of armed conflict,” Mr. Esper said at a news briefing at the Pentagon when asked if cultural sites would be targeted as the president had suggested over the weekend. When a reporter asked if that meant “no” because the laws of war prohibit targeting cultural sites, Mr. Esper agreed. “That’s the laws of armed conflict.”

Everyone else is freaked.

Military leaders were left in the awkward position of trying to reaffirm their commitment to generations of war-fighting rules without angering a volatile commander in chief by contradicting him. Mr. Trump’s remarks unsettled even some of his allies, who considered them an unnecessary distraction at a time when the president should be focusing attention on Iran’s misdeeds rather than promising some of his own.

[Trump’s] comments drew protests from Iran and other American adversaries who said they showed that Mr. Trump is the aggressor — and not just against Iran’s government but against its people, its history and its very nationhood. Even some of America’s international partners weighed in, with Prime Minister Boris Johnson of Britain breaking with Mr. Trump by issuing a statement through an aide warning against targeting antiquities.

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