The
selection of the focus for this issue of The Liaison substantially
preceded the horrific events of September 11, 2001. The tenets
of international humanitarian law examined in this issue might
be seen to respond to those terrorists who killed thousands
of innocent civilians. It is pure coincidence. The editor and
her colleagues and contributors make no claim nor would take
any satisfaction in such prescience.
Like
so many others, we have reeled at the enormity of the tragedy,
at the intensity of the hate it conveyed. As
a nation, we conclude that our challenge is to focus resolve
in an appropriate and comprehensive response to
these terrorist acts. We also understand the need to sustain
broad consensus across the international community in the long
fight ahead against terrorism. Meeting such ambitious goals
will require not only cold-eyed understanding of an implacable
foe's weapons, techniques and behaviors, but clarity on the
animus behind them.
As
we review deficiencies in airport security, track international
bank transfers and investigate numerous criminal leads, we should
also assess objectively our international environment in the
broadest of terms. Some
insights may be painful as we review assumptions about how we
are perceived. For example, despite our enormous efforts to
address the unfolding humanitarian catastrophe in Afghanistan,
perceptions and memories for many about U.S. leadership in this
conflict will be accidental deaths of civilians, our material
wealth and destructiveness of our air power.
Whatever
we learn in assessing the motives of our enemies, or their views
of us as a nation, the rule of law continues to embody and prioritize
our values. We affirm those values by applying principles of
international humanitarian law in prosecuting our conflict.
In this issue of The Liaison you will encounter the disturbing
dimensions of Drs. Ditzler and Batzer's Über-Terrorism
and the logic of responding to anarchy through the order provided
by law. You may detect some universality in King Kamehameha's
200-year-old "Law of the Splintered Paddle" as related
by Michael Hoffman. Andre Borgeas' article on the challenges
facing the International Criminal Court underlines the difficulty
of achieving universal consensus on enforcement of humanitarian
law.
In
what ways we can, we should remind ourselves that the elusive
and dangerous war before us, aside from being long and arduous,
will ultimately be won through democratic and humanitarian values.
In the end, we will prevail by adhering to them. 