The sovereignty excuse

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Donald Trump must have had little idea that his fetish for documentary evidence, evidenced by asking for President Obama’s birth certificate, would find its most ardently fanatic adherents in Pakistan. Soon after the news of Osama Bin Laden’s killing, elements in this country developed a fascination with seeking documentary proof of the death of the world’s most wanted terrorist. Instead of relief, a bafflingly delusional mindset asserted its presence.
Not releasing a photo of Osama’s dead body had more pros than cons. Of course it would been enormously convenient had Osama given in to temptation like the rest of us and set up Facebook and Twitter accounts. A tweet similar to ‘still alive, close call though’ would have settled matters. But Osama was an abnormal individual at many levels. His loss.
OBL did everything possible to announce his presence in Pakistan except disclosing his location through the ‘My Location’ application available on iTunes. If only he had done that the job of Pakistan’s intelligence agencies would have been so much easier. But where there isn’t a will, there isn’t a way either. And then there are lies. Now there are actions that all of us can and may indulge in without having to own up to them; like men watching a season of ‘Sex and the City’. But hiding and harbouring OBL does not cut it.
All attempts at humour aside, citizens of this country must raise their voices to call for a transparent investigation regarding ‘who knew what’ about OBL’s presence. The present Army Chief was heading the ISI before he took over. He needs to answer some tough questions. A man on the run would not choose a compound in a town with heavy military presence unless he was assured of protection. Even if you buy the argument that the top brass of the military did not know of OBL’s presence, then this shows a criminal level of incompetence. Heads must roll rather than the making of laughable assertions of sovereignty.
My favourite conspiracy theory going around is the one saying that the American forces kidnapped Osama from ‘elsewhere’, flew him to Abbottabad and killed him there to ‘embarrass this country’. And apparently the US was willing to risk four choppers and a team of its elite Navy SEALS to achieve this. The worst thing is that such theories are a part of the mainstream discourse in this country. The hard fact is that no country needs to do anything to embarrass Pakistan. If we had a semblance of introspection, we would be deeply ashamed as a country already.
Instead the opposition parties, the Army and the Foreign Office have been up in arms about an alleged violation of ‘our sovereignty’. The constitution of this country vests sovereignty in the people as a ‘sacred trust’. For more than fifty years, the Army has repeatedly staged coups and made a mockery of the choices made by the electorate of this country. The civil-military imbalance so ingrained in our system and national polity is the most grave and unforgiveable violation of our sovereignty. Yet we live with that—every day. Why should we tolerate the gall of the military high command as it alleges violation of the same sovereignty that it stomps under its boots? No one here can cry foul if another country relies on actionable intelligence, after our deliberate failure to act, to take out the world’s most wanted terrorist.
Any Western readers must understand the civil-military imbalance. There is a real possibility that the elected government may not have known of OBL’s presence as the military may have lied to the representatives of the people. Yes, that shows the weakness of the civilian government but not its complicity. The former merits engagement to strengthen democracy while the latter deserves isolation. Options considered affect policies adopted. In the prescient words of Senator John Kerry, the biggest conflict is not with Pakistan but within Pakistan. The ordinary people of this country bleed and suffer just as much from brutal terrorism as anyone else. The innocence of the, often, disenfranchised silent majority deserves a chance. The problems can be fixed. As Vali Nasr recently argued, ‘for every dollar that we (the US) spend on Pakistan, we spend thirty on Afghanistan. It needs to be the other way around’. And as much as Fox News has glorified ‘water-boarding’, America must maintain the moral high ground and stick to the humane principles enshrined in its inspiring constitution.
With an increase in the power, reach and ability to terrorise of non-state actors, the archaic notions of national sovereignty need to and will evolve. International law will not protect countries that refuse to act against terrorist leaders within their borders threatening the world. Those who don’t play by the rules in international politics cannot hide behind the rules. Hiding Osama, lying blatantly for years and crying foul now is analogous to storing away bomb making materials in a place of worship and protesting if the police barges in. The world does not work like that. It should not work like that. And our spies and senior generals need to wake up to this fact.
The writer is a Barrister of Lincoln’s Inn and practices in Lahore. He has a special interest in Anti-trust / Competition law. He can be reached at [email protected]