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Stimson Center: Yes, the Drones Are Killing Westphalia

Three years ago, I wrote a long post called the Drone War on Westphalia arguing that our use of drones was eroding state sovereignty in ways we hadn’t considered — much less debated — the impact of.

[W]e risk trading a failed state in pursuit of what the Executive Branch, often in secret, defines as our national interest. It not only risks exacerbating the risk failed states represent around the world–and the further proliferation of terrorism–but as Spencer lays out, the fact that the Executive can do so without balancing the political cost of doing so changes our relationship with our government. (It is no accident, I think, that these changes in strategy are occurring at precisely the same moment both parties are cooperating to dismantle the social safety network.)

Now, for the record, I’m not entirely certain whether chipping away at sovereignty is a good thing–will it allow oppressed people to band together to fight the global elite, or a terrible thing–will it allow weaponized elites to turn average people back into serfs in exchange for the security the nation-state used to offer (though of course I’ve repeatedly suggested we’re headed for the latter condition). But our elected representatives are wittingly and unwittingly pursuing policies that accelerate the process.

So there are two public debates that we’re not having. First, there’s the debate about what standard the Executive needs to use before he assassinates a US citizen with no due process, or what standard the Executive needs to use before he launches new “hostilities” with no congressional mandate. Those are the old-style debates about public accounting that the Executive is using secrecy to try to avoid.

But there’s a larger debate we need to be having. Our system of governance is changing, subtly but increasingly radically, with no discussion. Drones are one symptom and one catalyst of that. And before the consent of the governed is completely eliminated, it’d be nice to have a “public debate” about it.

Today, as part of a larger study on the impact of our use of drones, the Stimson Center makes a very similar argument I did.

Erosion of sovereignty norms: The US government takes the view that it has a legal right to use force in the territories of foreign sovereign states when those states are“unwilling or unable” to take what the United States considers appropriate action to eliminate what it sees as imminent threats. But inevitably, assessments of what constitutes an imminent threat to the United States and what would constitute appropriate action are somewhat subjective in nature; the United States may view the use of force as justified even when US allies and partners do not. The US use of force in sovereignnations whose consent is questionable or nonexistent may encourage other states tofollow suit with their own military platforms or commercial entities.

[snip]

Democratic Accountability: Increased US reliance on lethal UAVs in cross-border targeted strikes also poses challenges to democracy and the American system of checks and balances. While we understand the administration’s reasons for considering additional transparency difficult, the effect of the lack of transparency is that the United States has been fighting what amounts to a covert, multi-year killing program. Without additional information, the citizenry cannot evaluate US targeted strikes.

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