Such arguments echo an old trope. The two administrations of George W. Bush spilled much ink in justifying the torture, enforced disappearance and renditions of terror suspects to third countries during its declared Global War on Terror. Lawyers in both the White House and Justice Department gave their professional blessing, adopting an expansive definition of executive power in defiance of international laws and protections. Such sacred documents as the Geneva Conventions could be defied when facing Islamist terrorism.
Lurking beneath such justifications is the snobbery of exceptionalism, the conceit of power. Civilised liberal democracies, when battling the forces of a named barbarism, are to be treated as special cases in the world of international humanitarian law. The ICC prosecutor begs to differ.
olddogthoughts 