- By Peter Feaver
The Obama Administration has embraced the Bush doctrine, or at least the preemption part of the Bush doctrine. According to news reports about the Justice Department’s memo on drone strikes, the Obama Administration bases its policy on an expansive interpretation of the laws of war, which allow countries to act to head off imminent attack. In particular, according to the reporter who broke the story, the Obama Administration bases its legal reasoning by interpreting "imminence" in a flexible way:
"The condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future," the memo states.
Instead, it says, an "informed, high-level" official of the U.S. government may determine that the targeted American has been "recently" involved in "activities" posing a threat of a violent attack and that "there is no evidence suggesting that he has renounced or abandoned such activities." The memo does not define "recently" or "activities."
This should sound familiar to anyone who has debated American foreign policy for the past decade, for precisely that sort of logic undergirded the Bush Administration’s preemption doctrine. Here is the relevant section from Bush’s 2006 National Security Strategy (itself quoting from the earlier and controversial articulation in the 2002 National Security Strategy):
If necessary, however, under long-standing principles of self defense, we do not rule out the use of force before attacks occur, even if uncertainty remains as to the time and place of the enemy’s attack. When the consequences of an attack with WMD are potentially so devastating, we cannot afford to stand idly by as grave dangers materialize. This is the principle and logic of preemption. The place of preemption in our national security strategy remains the same. We will always proceed deliberately, weighing the consequences of our actions.
Of course, the Bush Administration was excoriated for framing the issue that way, and there arose a lively cottage industry devoted to attacking this aspect of the Bush doctrine. While Obama has tended to get away with things his predecessors could not, I suspect that even he will face some tough questioning now that the overlap with the controversial Bush doctrine is so unmistakable.
The issue is a difficult one, for the applicability of the self-defense principle depends crucially on context. Everyone agrees that if someone is attacking you with a knife, you do not have to wait for the blade to puncture your skin before you can strike at the assailant. And everyone agrees that it is not self-defense to attack someone just because you think there is a dim and distant possibility that one day that person might decide that he wants to attack you even though there is no evidence of such intent today. In the real world of national security policymaking, however, there are abundant hard cases in between those easy calls and those hard cases are what policymakers — as distinct from pundits — can’t avoid.
The memo reveals the Obama Administration wrestling with these problems and coming to conclusions strikingly similar to those of the Bush Administration. I wonder if Team Obama will be more successful than the Bush Administration was in arguing the merits and logic of the preemption doctrine.