Small Wars Journal

West Point Professor Calls on US Military to Target Legal Critics of War on Terror

Sat, 08/29/2015 - 1:26pm

West Point Professor Calls on US Military to Target Legal Critics of War on Terror by Spencer Ackerman, The Guardian

An assistant professor in the law department of the US Military Academy at West Point has argued that legal scholars critical of the war on terrorism represent a “treasonous” fifth column that should be attacked as enemy combatants.

In a lengthy academic paper, the professor, William C Bradford, proposes to threaten “Islamic holy sites” as part of a war against undifferentiated Islamic radicalism. That war ought to be prosecuted vigorously, he wrote, “even if it means great destruction, innumerable enemy casualties, and civilian collateral damage”.

Other “lawful targets” for the US military in its war on terrorism, Bradford argues, include “law school facilities, scholars’ home offices and media outlets where they give interviews” – all civilian areas, but places where a “causal connection between the content disseminated and Islamist crimes incited” exist.

“Shocking and extreme as this option might seem, [dissenting] scholars, and the law schools that employ them, are – at least in theory – targetable so long as attacks are proportional, distinguish noncombatants from combatants, employ nonprohibited weapons, and contribute to the defeat of Islamism,” Bradford wrote…

Read on.

National Security Law Journal:

A Message to Our Readers:

This past spring the Journal made a mistake in publishing a highly controversial article, Trahison des Professeurs: The Critical Law of Armed Conflict Academy as an Islamist Fifth Column, 3 Nat’l Sec. L.J. 278 (2015), by William C. Bradford, who is currently an assistant professor at the United States Military Academy. As the incoming Editorial Board, we want to address concerns regarding Mr. Bradford’s contention that some scholars in legal academia could be considered as constituting a fifth column in the war against terror; his interpretation is that those scholars could be targeted as unlawful combatants. The substance of Mr. Bradford’s article cannot fairly be considered apart from the egregious breach of professional decorum that it exhibits.  We cannot “unpublish” it, of course, but we can and do acknowledge that the article was not presentable for publication when we published it, and that we therefore repudiate it with sincere apologies to our readers.

Moving forward, the current Editorial Board is committed to generating legitimate scholarly debate, representing all points of view, in the area of national security law. However, we have learned from this experience, and we recognize the responsibility that attends our publication decisions. The process of selecting articles is one our Editorial Board takes very seriously, and we are re-examining our selection process to ensure that we publish high quality scholarly articles.

National security law is an evolving field, and we are grateful to our readers for providing feedback that helps the Journal grow as an organization. To those who reached out to us, thank you for taking the time to provide us with valuable and constructive criticism.  We appreciate your ongoing readership and support.

Sincerely,

Rick Myers

Editor-in-Chief

 

Comments

Polarbear1605

Wed, 10/28/2015 - 3:35pm

A little surprised by this "apology". Have you read Bradford's paper??? The guy has it right and going through his references he is saying nothing that has not been said before. Rick? Did you investigate this in any way or are you a political crony of Spencer Ackerman...who worked with Assuage and Manning on the Wikileaks affair. Before you start supporting political sound bites and smear campaigns do your homework!

Thank you for that acknowledgement. It should have been properly reviewed before publishing. It seems not much different than the possible IRS scandal where they may have been checking on certain groups on the Right more than others. The good point of catching this is that this time it was only suggested.

Outlaw 09

Sat, 08/29/2015 - 2:12pm

IMVHO--fire him---in the current environment--- debate over Islam needs a healthy balanced debate from all sides.

He absolutely is no different in his argumentation than some comments I see all the time from the neo Right or neo Conservatives concerning Islam and Sharia law truthers.

The PME system has needed an overhaul for a long time now--this proves it is needed now not later.

Shift the term from Islamists to Communists/Socialists and we are a single step away from McCarthy again.

Thought we had learned our lessons from that period of our history but it does not appear to be the case.