Black Agenda Report
Black Agenda Report
News, commentary and analysis from the black left.

  • Home
  • Africa
  • African America
  • Education
  • Environment
  • International
  • Media and Culture
  • Political Economy
  • Radio
  • US Politics
  • War and Empire

Beware Imperialist Gaslighting – Assassination is Not Legal
Mark P. Fancher
08 Jan 2020
🖨️ Print Article
Beware Imperialist Gaslighting – Assassination is Not Legal
Beware Imperialist Gaslighting – Assassination is Not Legal

The U.S. government has been in the business of killing foreign leaders for a long time – but it’s still a crime.

“Trump has boasted of the Soleimani assassination and the corporate media has been his biggest cheerleader.”

Although analysts will endlessly debate the legality of the recent assassination of Iran’s Qasem Soleimani by drone strike, the law has no place for crimes of this kind. Of all people, Ronald Reagan signed Executive Order 12333 that reads in part: “No person employed by or acting on behalf of the United States government shall engage in, or conspire to engage in, assassination.” Later moves to make exceptions for terrorists cannot erase the original intent of the order. 

The Geneva Convention, which provides guidelines for warfare, provides: “…it is prohibited to kill, injure or capture an adversary by perfidy.”  For example, if an enemy combatant waves a white flag, it is illegal to kill him as he attempts to surrender. As Iran was not engaged in active hot warfare with the U.S., the killing of Soleimani was an unpredictable ambush of a man whose guard was down.

More to the point however is the fact that the killing of a high ranking government official is for all practical purposes a declaration of war. It was the assassination of Archduke Franz Ferdinand of Austria in 1914 by Serbian operatives that triggered World War I. Article I, Section 8 of the U.S. Constitution gives the power to declare war solely to the Congress. In the wake of the Soleimani killing, many in Congress are in shock because they knew nothing. 

“The killing of a high ranking government official is for all practical purposes a declaration of war.”

While the War Powers Resolution provides for those occasions when a President may need to use military force without Congressional authorization, the Soleimani killing fits within none of the authorized circumstances. While the legislation provides that a President can use military force if the U.S. has been attacked, not only had there been no attack, we can’t believe the Administration’s claims of imminent attack because we can’t believe Oval Office claims of any kind. 

Let’s not kid ourselves. The U.S. government has been in the business of killing foreign leaders for a long time. At the direction of Dwight Eisenhower the CIA developed plans to poison Patrice Lumumba, Congo’s first Prime Minister. The CIA was involved in hundreds of plots to kill Fidel Castro. Ronald Reagan staged a bombing raid on Muammar Gaddafi’s compound that left the Libyan leader alive but killed his infant daughter. Years later, President Obama created conditions that allowed for Libya’s racist rabble to finish the job by jamming a bayonet into Gaddafi’s rectum. The list of victims and suspected victims goes on.

“We can’t believe the Administration’s claims of imminent attack.”

But the difference in recent years has been the brazenness of these killings. In an earlier era there was recognition of the fact that assassinations are illegal, and plots to carry them out not only had to be covert, but furiously denied if discovered. However, when Gaddafi was killed in 2011, Hilary Clinton arrogantly proclaimed: “We came, we saw, he died.”  Likewise, Trump has boasted of the Soleimani assassination and the corporate media has been his biggest cheerleader.

The contradictions between imperialist actions and the legal standards they create can do much to raise mass consciousness and accelerate revolutionary momentum. But this can happen only if people know what the law is in the first place. Imperialists have been vigilant in their efforts to obscure and distort legal standards. We must be just as vigilant in ensuring clarity.

Mark P. Fancher is an attorney and writer. He can be contacted at mfancher[at]comcast.net.

COMMENTS?

Please join the conversation on Black Agenda Report's Facebook page at http://facebook.com/blackagendareport

Or, you can comment by emailing us at comments@blackagendareport.com

U.S. Imperial Wars

Do you need and appreciate Black Agenda Report articles? Please click on the DONATE icon, and help us out, if you can.


Related Stories

Afghanistan is No 'Graveyard' for U.S./EU/NATO Axis of Domination
Black Alliance For Peace
Afghanistan is No 'Graveyard' for U.S./EU/NATO Axis of Domination
25 August 2021
Black Alliance for Peace analysis on Afghanistan, Haiti and the U.S. effort to maintain hegemony.
Freedom Rider: Losers, Suckers and War
Margaret Kimberley, BAR senior columnist
Freedom Rider: Losers, Suckers and War
09 September 2020
Democrats are up in arms over Trump’s latest mouth-burst, but the truth is that both corporate parties have made the people suckers for endless, “b
Freedom Rider: Media Silent as Trump Declares Wars
Margaret Kimberley, BAR senior columnist
Freedom Rider: Media Silent as Trump Declares Wars
22 July 2020
  Donald Trump’s attacks on Venezuela, Syria and Iran are criminal, but Joe Biden vows to be even worse.
A New Cold War on China Is Against the Interests of Humanity
Danny Haiphong, BAR Contributing Editor
A New Cold War on China Is Against the Interests of Humanity
22 July 2020
Ajamu Baraka and Margaret Kimberley join with the No to the New Cold War coalition to demand Donald Trump back off his confrontational stance with
A Universal Appeal for Humanity to End Militarism and Stop War
Abdallah El Harif and Vijay Prashad
A Universal Appeal for Humanity to End Militarism and Stop War
20 May 2020
A bloc of countries, led by the United States of America, is stubbornly persisting in using force to maintain and extend their global dominance.
US Blocks Vote on UN’s Bid for Global Ceasefire Amid COVID-19
Telesur
US Blocks Vote on UN’s Bid for Global Ceasefire Amid COVID-19
13 May 2020
The US veto trashes the UN’s efforts to convince armed factions in more than a dozen countries to call for temporary truces as the world battles th
Message to the US Corporate Media: Capitalism is Responsible for the Deaths of Millions of People
Solomon Comissiong
Message to the US Corporate Media: Capitalism is Responsible for the Deaths of Millions of People
04 March 2020
Corporate media snake-oil salesmen/women are doing their best to convince the masses that socialism is the devil itself.
Building the New Antiwar Movement
Russell Rickford
Building the New Antiwar Movement
26 February 2020
Will a new wave of activism finally produce a real mass movement against “boundless” militarism?
The World Demands U.S. Out of the Middle East – Will the U.S. Listen?
Kevin Zeese and Margaret Flowers
The World Demands U.S. Out of the Middle East – Will the U.S. Listen?
29 January 2020
American troops in Iraq are at increasing risk every day the US stays in that sovereign nation.
The World Must End Washington’s Illegal Economic War
Kevin Zeese and Margaret Flowers
The World Must End Washington’s Illegal Economic War
15 January 2020
The US is currently attacking one-third of the planet’s population with 8,000 economic sanctions, ongoing acts of war against 39 nations.

More Stories


  • Ann Garrison, BAR Contributing Editor
    The US Targets Colombians by Sanctioning Gustavo Petro
    29 Oct 2025
    “I do not have a dollar in the United States. There is no account to freeze for me.”  - Colombian President Gustavo Petro, solidarity rally in Bogota, 10/24/2025
  • Raymond Nat Turner, BAR poet-in-residence
    Hourly, Hate America Rallies Stampede Through heads of Cruel Reich Cultists
    29 Oct 2025
    "Hourly, Hate America Rallies Stampede Through heads of Cruel Reich Cultists" is the latest from BAR's Poet-in-Residence.
  • Mosaab Baba
    El-Fasher's Fall: A New Chapter in Darfur's Ethnic Cleansing
    29 Oct 2025
    The world's worst humanitarian crisis just found a new epicenter. The capture of El-Fasher signals the start of a worsening chapter in the history of Sudan.
  • Clau O'Brien Moscoso
    Peru's Executive in Crisis: The Anti-Democratic Legacy of Fujimori's '93 Constitution
    29 Oct 2025
    Peru's congress has perfected the art of the constitutional coup, disposing of presidents the moment their usefulness expires. The removal of Dina Boluarte continues a decades-long strategy to…
  • x
    International League of Peoples' Struggle , International Peoples' Front , People's Coalition on Food Sovereignty
    The Right to Resist is the Right of the People! International Organizations Launch the International People’s Tribunal for Palestine
    29 Oct 2025
    When established institutions refuse to respond in the face of genocide, the mandate for justice falls to the people. This tribunal is a global grassroots movement taking the international law into…
  • Load More
Subscribe
connect with us
about us
contact us