America Fails the "Rule of Law" Test - Conor Friedersdorf - The Atlantic

The U.S. Army field manual* defines "the rule of law" as follows: "The rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency."

Going by that definition, the U.S. government does not operate according to the rule of law. A panel of former executive-branch employees, many of whom served in the U.S. military or the CIA, made this point bluntly in a recent report on drones. "Despite the undoubted good faith of US decision-makers, it would be difficult to conclude that US targeted strikes are consistent with core rule of law norms," they declared. "From the perspective of many around the world, the U.S. appears to claim, in effect, the legal right to kill any person it determines is a member of al-Qaida or its associated forces, in any state on Earth, at any time, based on secret criteria and secret evidence, evaluated in a secret process by unknown and largely anonymous individuals—with no public disclosure of which organizations are considered 'associated forces,' no means for anyone outside that secret process to raise questions about the criteria or validity of the evidence, and no means for anyone outside that process to identify or remedy mistakes or abuses."

Just so.

Complete story at - America Fails the 'Rule of Law' Test - Conor Friedersdorf - The Atlantic