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Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Loyalty, principle and treason

Last night I was in lovely Prague but tonight I am in more exciting but less lovely Belgrade. So let me tear myself away from my new biMac «hehehe» and give you a Balkan perspective on the articles by Dale Amon and Perry de Havilland regarding hairy John Walker in Afghanistan.

As a person who is not from what Perry interestingly calls the ‘Anglosphere’, maybe I see this matter of John Walker slightly differently. In what used to be Yugoslavia, people split along largely ethnic lines when the civil war ripped us apart. Yet many people made decisions to not let an accident of birth choose who they stood by. There were Serbs who joined the Croatian HV Army, there were Croatians who supported the Krajina Serbs, there were Croatians who joined the Bosnian ‘Muslim’ Armia rather than the Croatian HVO. There were Serbs in Yugoslavia who supported Milosevic and the paramilitaries and others who opposed them. Still others everywhere decided to support ‘none of the above’ and either refused to take up arms against anyone or moved abroad.

It seems to me, a person who turns his back on their ethnic origin and joins with another culture during a conflict is either a person of principle or a traitor. Which you are judged to be is only decided when it is all over. So for example, Croatians who supported the Serbian regime in Krajina are ‘traitors’ and Serbs who supported Tudjman’s Croatia are ‘principled’.

Why? Because if anyone can be said to have emerged the ‘winner’ in the Balkan Wars, it is Croatia. It is that simple. As the US has won the war in Afghanistan, it will be decided that Walker is a traitor. The winners make the rules and they write the history books. The winner is always right. Perry takes a position of pure and very good libertarian principle in this matter, but what Dale says is what will actually happen: the US will throw him in jail regardless for exactly the reasons he says.

It may not be fair or just or moral or even reasonable. But it is the truth. That is how the world works.

Who owns John Walker?

Dale‘s points are well made, particularly the one that when Walker joined the Taliban, he could hardly have reasonably expected to find himself at war with the United States! I have a slightly different take on it, however.

I think many of the comments regarding the dismal Walker begs the question of why is he being regarded as having any particular affinity or duty of loyalty to the USA at all? Just because he originated from there, how does that somehow make him irretrievably beholden? People come from all over the world and emigrate to America and the US has no problem with them ‘becoming Americans’. So why is it so hard to see the process in reverse?

For goodness sake, if going to Afghanistan and joining the Taliban does not constitute the complete and utter repudiation of not just the United States but the entire western world, then I guess I don’t know what does. When he was captured, as far as I know he was certainly not yelling “I’m an American! I wanna see the nearest American consulate!” Far from it. There should be no expectation that he still owes the US anything or the US owes him anything.

If it turns out he is a member of Al Qaeda, then he is still very much our enemy and should be treated in the same manner as we treated captured members of the SS or Gestapo or Nazi Party after WWII. If he is just a member of the defeated Taliban’s army, as seems likely, then just question him and then dump his sorry arse back in the hell hole we found him in. Even if he was involved in the death of CIA man Mike Spann, so what? Walker was a soldier with the Taliban and we were the Taliban’s openly declared enemy. People get killed in war. That is what soldiers do. Big deal.

I do not think Walker is ‘just a misguided kid’. I think he is a misguided adult who made his choices freely and should reap the consequences of supporting a vile regime in Afghanistan. But his crimes are again the Afghan people who suffered under the Taliban, not the US. Unless he turns out to be a member of Al Qaeda, leave it to to the Afghans to deal with him.

Treason

It’s a hard call without really knowing what Mr. Walker was up to and why. There is little doubt in my mind that he should be tried for Treason; whether or not he is convicted, whether or not there were extenuating circumstances is a matter for the courts to decide. The fact that he was found where he was found is rather damning evidence but is not “beyond the shadow of a reasonable doubt”.

What should be done with him if he is found guilty? That again is a matter for the courts. We don’t know what he actually did so how can we decide his fate from in front of our comfortable computer screens? For all we know he could have been dragged along by events and lain cowering in the basement wondering at his own idiocy. Or perhaps he went to fight with the Taliban against the Northern Alliance never imagining he could end up fighting his own country. After all, on September 10th how many of us would have considered US forces in Afghanistan as even the remotest possibility? If that were the case he is a soldier of fortune who got caught up in the wrong war at the wrong time. A few years in prison and a slap on the wrist would suffice.

Of course as Glenn Reynolds has suggested a number of times, we could take it as given he has chosen to give up his US Citizenship. We could leave him to the tender mercies of his chosen enemies, the Northern Alliance. An article about his interrogation in Ananova seems to indicate the CIA men were thinking along these lines just before “the balloon went up”:

On the tape, Walker is seen being brought to the two CIA men for interrogation. Spann is then seen saying to his colleague: “I explained to him what the deal is” and then tells Walker: “It’s up to you.” Dave then says: “The problem is, he’s got to decide if he wants to live or die. If he wants to die, he’s going to die here. “Or he’s going to f****** spend the rest of his short f****** life in prison. It’s his decision, man. We can only help the guys who want to talk to us. We can only get the Red Cross to help so many guys.

If he was there specifically to fight against America, there are no options. He should be put away for a very long time. And if he was actively assisting the al Qaeda… well that is another kettle of sharks entirely. He would, and should, face the death penalty.

Fortunately we have the right President for it.