Patrick Mercer
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Last Friday, a number of people with links to al-Qaeda were killed by a missile fired from a pilotless US drone on the Pakistan- Afghanistan border. It is thought that among the five dead was Rashid Rauf, a British citizen, who was suspected of being involved in a number of alleged terrorist plots and was being closely monitored by our intelligence services.
The Foreign and Commonwealth Office has not yet confirmed whether Rauf was the target of the attack. But whether he was or not, this strike raises significant questions about this Government's counter-terrorism policy and I shall be calling for clarification from the Foreign Secretary, David Miliband, about British counter-terrorism operations in these circumstances.
I base my own experience on many tours in Northern Ireland and the Balkans as a regular soldier when I was involved in operations that led to the death and capture of terrorists - in short, where British troops were expected to act as judge, jury and executioner. Counter-terrorist operations had to be wholly within the law; if our enemies saw an opportunity to doubt their legality, they were never slow to exploit it.
The world of intelligence is murky - necessarily so. There is a series of carefully enforced procedures governing the passing of British intelligence to other agencies when it might lead to the death or torture of suspects. But as Richard Beeston wrote in The Times yesterday of US operations inside Pakistan: “As long as terrorist suspects... are being killed or live in fear of being killed [London] is quite happy to see the policy continue.” It is certainly possible that British intelligence services were in some way complicit in Rauf's death. Our forces do informally share information with intelligence services, such as those of Pakistan and the US.
I will not recite at length the arguments about the need to operate within the law other than to cite the chaos that ensued when the world was made to believe that British Forces were pursing a “shoot to kill” policy in Northern Ireland. Clearly, martyrdom is an important tool for the terrorist and once security forces step outside the law, the advantage passes from us to them.
All of this suggests a contradiction between what the Government says and what happens in practice, between courtroom justice and battlefield justice. It is unrealistic to expect our intelligence services to do anything other than co-operate fully with allies who are doing their best to defend the British people, unless they are given firm guidance to the contrary. The Government must decide whether, when framing counter-terrorism laws, it wishes them to reflect what the security services actually do, or some higher legal principle. My experience is that if laws won't work they must be challenged, not simply accepted.
It has been disturbing to watch the Government twist and turn as it tries to design counter-terrorist legislation that will be truly effective. The UK does not use the death penalty or torture those whom we think might hold crucial information. Under the framework of the European Convention on Human Rights, judges in Strasbourg have prevented the deportation of terrorist suspects where there is a real risk of their being tortured abroad, regardless of the risk they pose to us and however undesirable they are considered to be.
Whether or not they have helped or hindered the fight against terrorism, these are our laws, agreed to and debated by Parliament.
If our Government is not allowed to deport an individual when there is a real risk of their being tortured abroad, surely our intelligence services should not be allowed to supply intelligence to other nations that don't hold such high standards?
What is the point of having strict human rights protections and lengthy debates in Parliament about counter-terrorism legislation if, in practice, they are ignored? What is the point of negotiating memorandums of understanding with countries such as Jordan, Lebanon and Libya - in which those governments undertake not to torture terror suspects deported from Britain - which have not been used since 2005?
We are left with the mess of control orders and the sort of nonsense that surrounded the prosecution of Abu Hamza. Despite all the Government's new terror legislation, he was eventually prosecuted for soliciting murder under a law from 1861.
The Government must make up its mind. Either our laws are helping the fight against terrorism, in which case they must be honoured in practice, or they are hindering the fight and they must be changed - and we must have an honest public and parliamentary debate about them.
I have no sympathy with terrorists, but my experience taught me that they must be fought within the law.
Each extrajudicial killing will hand a propaganda victory to our enemies that could outweigh any military benefits achieved by destroying the target. At times this is hard and frustrating, but the battle against terrorism cannot be won by bombs and bullets alone.
Patrick Mercer is Conservative MP for Newark & Retford and a former Shadow Minister for Security
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Jeff, In the 70s and 80's the US refused to extradite IRA "heroes". What if we had launched astrike into the Irish Republic and killed an American-Irish sympathiser, maybe involving a couple of kids as collateral?
Johnny Marre, Brussels, Belgium
Rules are there to protect the public, when they fail to do that we must look at other options. It is interesting that the American strategy of taking out the Bad guys in Bagdad is delivering peace. If Mr Mercer had his way we would still be looking at hunfreds if not thousands of innocent victims.
JohnW, Oldham,
"In this multiracial society we live in people who want to kill us are all around us"
No. Terrists are a tiny minority. My chance of dying from terrorisim is thousands of times smaller than my chances of being hit by a car. Try raising the driving age by a year if you want a safer world.
Haggardpete, Sunderland, Durham
I think the simple fact is that, given the historical "covenant of security" that the UK has provided to Islamic supremacists, the United States should have a non-ally relationship with the UK and should have much stricter travel conditions. Rashid Rauf was "radicalized" in the UK, not Pakistan.
Jeff, Washington DC, US
In a war based on lies of the government (Iraq) one can understand the antagonism of a large proportion of the Islamic world.This does not excuse the acts of terrorism carried out against the civilian population (many against the war). Why didn'nt the fugitive face trial in the UK if he was innocent
phil, stevenage, uk
If terrorist s dropped a bomb on an east end pub killing a number of villains as well as innocent customers, would we be saying job well done.? It's precisely these type of double standards that are proving the biggest recruiment draw for Al Queda
Uche George, London, England
"They do not follow the Geneva Convention.." So we are absolved? Come on! Don't make me ill, the way this is panning out, they would be perfectly justified in saying that they are no worse than us. Why give them this excuse, by copying their 'unacceptable behaviour'?
S. Barraclough, Huddersfield, Yorkshire W. R.
Liberal nonsense! How were we supposed to capture him - its a surgical strike like many in war.
Andy, Manchester,
... and comments like that from JL Ronish make it perfectly clear why the USA, once admired and respected by billions around the world, is now neither.
David McGregor, Fitzroy, VIC, Australia
As a constituent of Mr Mercer and a conservative I am ashamed at his remarks ! These people Mr Mercer do not follow the Geneva Convention they use children and women to murder with suicide belts . We must use all force to destroy anyone opposed to democracy and freedom who uses terrorism against us
Tim, Newark , UK
Most of the comments I have seen on this article take the view that human rights, law, justice, and decency are luxuries that we ourselves enjoy - but that we don't have to extend to "lesser breeds without the law". That is an essentially lawless and immoral attitude - not to mention racist.
Tom Welsh, Basingstoke,
The problem is one of "sovereignty" revered by diplomats and occasionally by politicians. Why do we refuse to return terrorists to their place of origin while giving full diplomatic recognition and respect to such countries. "Thou shalt not kill; but need'st not strive officiously to keep alive"!
Brian Lewis, Manila, Philippines
We had a thousand years of perfectly good law that had adapted over time to meet the needs and aspirations of the people of this country. With the human rights law this has been thrown out the window to protect those that would harm the majority of our citizens. Time for repeal of this law.
Richard, Enfield, England
What Mr Mercer has failed to notice is that we are not simply fighting terrrorism. Terrorism is one of many tactics in a larger plan of attack. We are fighting a war; a war that our enemies sincerely believe to be a holy war. In order to win hearts and minds show that you're going to win the war.
Mike Wood, Bradford, UK
Mr Mercer should wake up and smell the coffee, we are in a virtual religious war but every left-winger and politician are scared to admit it.
John Dunn, Tiverton Devon, UK
Mr Mercer, it is opinions such as your that are destroying the UK from the inside. You cannot fight a duel with someone who will shoot you in the back. Marching into battle in a straight line ended and playing fair must end if we are to stand a chance.
Keith Wilson, Beziers,
Rights are nonsense because they are unenforcable except by someone else protecting ones life, freedoms, etc. as was the case before rights were invented. The governments priority is to protect citizens. Everything else is subordinate to that.
R Mason, London, UK
Dangerously naive. He's trying to pander to the liberal lobby! In this multiracial society we live in people who want to kill us are all around us, yet we are hamstrung by rules and human rights laws which turn killers into "victims" entitled to freedom and compensation.
Roger, Norfolk,
one less=a result. keep it up
terry sullivan, morden, england
The man was only getting in some xmas shopping.
D Brown, London, England
The murder of a Muslim Briton is justified by mere accusations of "being a terrorist", with no pretence at a trial nor any attempt at arrest. Comments supporting the murder unquestioningly accept the official story, despite the lesson of the recently exposed "Iraqi WMD" official lies.
Richard Cheeseman, Wellington, Aotearoa/NZ
Mr. Mercer, so we fight your way and we all get to die like gentlemen? No thanks.
Charlie, Greenville, North Carolina, usa
Britain should be disregarding Strasbourgs decision on the deportation of suspected terrorists; we should be deporting them along with their families in order to protect our own citizens. If they knew the consequences to their families, would they be as quick to plot the deaths of UK citizens?
Les, Southport, England
The examples cited (N. Ireland & deportation) involve people within reach of the legal system. There is an name for how you deal with those who use foreign territory outside your country to attack your country, "warfare". It is a legitimate right of any country to defend itself.
Davd, Menlo Park, CA, USA
This is ridiculous! In what sense is this killing "extrajudicial"? We are talking here about an enemy combatant, regardless of where his passport was issued.
Some of Mr Mercers arguments are valid - but they do not apply in this case. The US are our best ally - how could we not share intelligence
ed, melbourne, australia
Mr. Rauf was in a war zone with two Al Qaeda suspects. He was not even the target of the operation.
Conceivably he was innocent, he might have even been a British intelligence source. But at the very least he was stupid to spend the evening in the same house with high value Al Qaeda targets.
Steve, San Jose , USA
Reading this helps me understand what has happened to your once great but now pathetic country. How truly sad.
JL Ronish, seattle, usa