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A Case for Law Over Retaliation

September 11

Traces Chomsky’s argument for treating terrorism as a crime and pursuing suspects through evidence and international law.

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The Nicaragua PrecedentThe Nicaragua Precedent from "September 11". The Nicaragua Precedent Nicaragua takes its case against American force to the International Court of Justice and the United Nations.
The Nicaragua Precedent Nicaragua takes its case against American force to the International Court of Justice and the United Nations. Legal Findings The Court rules in Nicaragua’s favor, but the United States rejects the judgment and vetoes a Security Council resolution. A Model Ignored Chomsky presents the case as an example of law’s availability and of the powerful refusing its constraints.
The Criminal AnalogyThe Criminal Analogy from "September 11". The Criminal Analogy Chomsky compares terrorism to other crimes, arguing that the appropriate response is to find and prosecute those responsible.
The Criminal Analogy Chomsky compares terrorism to other crimes, arguing that the appropriate response is to find and prosecute those responsible. Domestic Precedents The IRA campaign and the Oklahoma City bombing show that authorities can pursue perpetrators without bombing entire communities. Motives and Prevention A serious response investigates grievances as well as punishing offenders, reducing the chance of recurrence.
Demanding ProofDemanding Proof from "September 11". Demanding Proof Governments and commentators call for evidence identifying those responsible for the September attacks.
Demanding Proof Governments and commentators call for evidence identifying those responsible for the September attacks. International Cooperation Chomsky argues that proof could support a broad legal operation to arrest and try suspects. Credibility Matters Without credible evidence, force risks being treated as punishment by assertion rather than lawful accountability.
The British DossierThe British Dossier from "September 11". The British Dossier Tony Blair presents evidence intended to establish the responsibility of bin Laden and the Taliban.
The British Dossier Tony Blair presents evidence intended to establish the responsibility of bin Laden and the Taliban. Chomsky’s Objection Chomsky considers the material surprisingly thin, more like accusation than proof sufficient for a criminal trial. A Stated Objective An American official says the aim is to destroy bin Laden’s organization, revealing a military rather than judicial priority.
A Police OperationA Police Operation from "September 11". A Police Operation Chomsky cites a proposal for an international police operation to capture suspects and bring them before a court.
A Police Operation Chomsky cites a proposal for an international police operation to capture suspects and bring them before a court. Fair Trial The proposal requires proof, a fair hearing, and proportionate punishment if guilt is established. Universal Application Its reasonableness also exposes a difficulty: powerful states may resist a procedure that could be used against their own officials.
In the 1980s, after the International Court of Justice ruling
September 20, 2001
September and early October 2001
October 5, 2001
In the postface, several months after September 11