Ryan_m_b said:
No, not joking. You know how your country ran a mission in another without asking them and assassinated Bin Laden? Like that but with a UN mandate and a goal to capture and drag to The Hague rather than kill.
Bin Laden was not a head of state and as such there was neither the legal issue nor the practical issue of how physically defended Assad is. They aren't even close to similar in their logic/implications. As far as I'm aware, no sitting head of state has ever been arrested by an international police force or other country's law enforcement (you weren't clear on exactly who would do the arresting). Assuming it would even be possible, such an act would be no less an act of war than bombing him and would carry more follow-through responsibility (if one assumes it exists) than a non-decapitating attack on his warmaking ability.
It is difficult for me to see this as more than a calculated failed fantasy. Could you explain in more detail just how you think such a thing could be made to happen?
Expanding;
Only one person has been indicted by the ICC while still in power; the President of Sudan, in 2008. The arrest warrant is active, but no one seems interested in pursuing him. He's visited several countries since then, including China:
http://en.wikipedia.org/wiki/Omar_al-Bashir#Arrest_warrant
"Crimes against humanity" under the ICC would appear to me to be a legitimate basis for going after Assad:
ICC Charter said:
For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:[23]
(a) Murder;
Further:
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity".[20] The resolution commits the Council to action to protect civilians in armed conflict.
http://en.wikipedia.org/wiki/Crimes_against_humanity
Extension:
So there is legal verbiage that appears to me to
compel international action here. And Obama has said he
wants to act, but is trying to jump through legal hoops to make it acceptable. But here's my problem with that: that's politics getting in the way of doing what is morally right. The legality of Obama going completely alone at this (no UN, no Congress) might be questionable, but preventing him from doing it, much less punishing him for it would be utterly impossible. Examples abound for both Obama, his predicessors and our allies and adversaries flouting the letter of the law when it suits them. In most of these cases, the reason is more about politics than about doing the right thing:
-China declining to arrest Bashir (above).
-The coalition (Clinton) utilizing NATO instead of the UN against Milosevich.
-Internally, multiple separation of powers fights, analogous to the issue on the international level:
-----Arizona challenging lax enforcement of immigration law; US government sued and won.
-----(related) Obama trimming immigration laws by selective enforcement.
-----Obama trimming drug laws by selective enforcement.
-----Obama shutting down the Yucca mountain nuclear waste repository, being sued for it, and losing.
Plenty of people - Obama included - have shown a willingness to flout the law when they feel like it and think they can get away with it. If there is ever a Right reason to do it, upholding international law unilaterally due to the failure of the international community to do so would be a Right reason.
It appears to me that Obama has backed himself into a tight corner with both his campaign promises (to not be like Bush) and his "red line" comment. Adhering to the letter of the law here would allow him a way out of that corner, but not one I think History would deem acceptable -- it would just provide him good company. My preference, though, is for our leaders to actually lead. If Obama really thinks action is Right and isn't just saying he thinks it is because he stuck his foot in his mouth and doesn't want to admit he erred, he should act and unapologetically explain why. He should say: "Murdering civilians with gas is wrong. Helping the Syrian people free themselves of a murderous dictator is right. And shame on all of you in the international community (and maybe Congress too...) for failing to do your moral duty. Anyone have a problem with it? Come see me: I live at 1600 Pennsylvania Ave."
Or if he really doesn't want to, say so too. Admit the red line was a bluff that got called. Explain that these particular civilians aren't worth helping becasue we don't like either side of the war that is raging around them (but make it sound less heartless -- it is a legitimate position, even if it makes my stomach turn).
Own your decision. This is a Leadership Moment and that's what leadership means. Whether he does something or nothing, he should do it strongly and decisively.