The surest successes that the US has achieved lately in the war against the Taliban in Afghanistan and Pakistan have been by the use of drones. Questions have been raised about the morality of their use, by the American Civil Liberties Union for instance, on the grounds that they incidentally cause civilian deaths.

A new documentary examines the morality of incidentally or deliberately killing civilians in war.

From Commentary, by Jonathan S. Tobin:

Monday night, PBS’s American Experience series will broadcast a new documentary titled The Bombing of Germany, about the strategic-bombing campaign carried out against the Nazis by American forces in World War II. Coming from the liberal-leaning PBS and in an era where denunciations of American military actions — even in the “good war” against Nazi Germany — have become commonplace, it would have been no surprise if this film was yet another revisionist attempt to decry Allied tactics as immoral. This impression is reinforced by the introduction to the film on PBS’s website, which highlights the number of German civilian casualties incurred by Allied bombing and the “defining moments that led the U.S. across a moral divide” that would make it easier to drop a nuclear bomb on Japan. Indeed, the narration heard during the opening moments of The Bombing of Germany goes straight to this conclusion when it says that by the time the war ended, the bombing left “both German cities and America’s lofty ideals in ruins.”

But, fortunately, there is more to this documentary than the facile conclusion that the bombing of Germany was so immoral that it cannot be defended even in a war in which the future of civilization was at stake. By the time the 50-minute film is over, liberals expecting another trashing of America are left with some conclusions that not only reinforce the morality of American tactics during that war but also might affect the way we think about contemporary conflicts.

The story of the bombing offensive is complex. During the war, Britain’s Royal Air Force believed that the key to knocking German war industries was to burn down the cities where the factories existed. From their frame of reference, there was no moral distinction between the factories themselves and the homes of the defense workers who created the material that enabled the Nazi regime to commit the crimes against humanity that made the war a matter of life or death for the free world.

But the United States Army Air Corps, equipped with more sophisticated planes and bombsights, as well as a more romantic notion about the distinction between government and civilian targets in a totalitarian state, disagreed. The Americans believed that by flying during the day when visibility was obviously better (the British flew at night), their planes could knock out strategic targets without having to attack entire cities. The results produced by this theory were not that good. Much damage was caused to the German war effort, but the losses of American planes (especially before the introduction of a long-range fighter plane in 1944 that would make it safer for U.S. bombers to fly over Germany) made it too expensive to continue. By contrast, the British weeklong raid on Hamburg in 1943, in which the entire city was hit, was a major blow to the German war effort. At the time, Nazi armaments minister Albert Speer told Hitler that a few more raids like Hamburg would bring the German war effort to a halt. …

What the filmmakers and some of their consultants see as the moral turning point of the war for America [was] the bombings of Berlin and Dresden in February 1945 in which there was no pretense that the attack was anything but an attempt to destroy the city. The Dresden raid, immortalized in Kurt Vonnegut’s novel Slaughterhouse Five, has been widely represented by many American, English, and German historians as immoral because the beautiful medieval city was not considered a military target and heretofore had been spared the devastation that rained down on other German cities. It is here that author Don Miller, one of the prominent voices heard in the film, describes the raid as the crossing of “a moral threshold … that we will not deliberately bomb civilians … once we crossed the moral divide in Berlin, it made everything else, including the atomic bomb, a little bit easier.”

But Miller is not the only voice heard about the raids against Berlin and Dresden. The film goes on to credit these devastating attacks for helping to make the Soviet assault on Eastern Germany, including the conquest of Berlin, easier. Moreover, the film points out that in a total war against a ruthless foe, half measures are of no use. After all, the ordinary Germans who served in Adolf Hitler’s army and worked in the factories that produced the weapons and other material that made his crimes possible never wavered in their loyalty to the Nazi regime, even as the Reich was reduced to ruins around them. This fact undermines the notion that Allied air-war theorists fervently believed in: that bombing could break the will of a nation. But Allied bombing attacks that literally destroyed the physical structures of the enemy’s war effort did work and, in fact, helped shorten the length of the bloodiest war in history.

The most devastating line of the film is its last, in which historian Conrad C. Crane, director of the U.S. Army Military History Institute, confronts the moral dilemma of killing civilians in a righteous war against an immoral opponent. While the question of the deaths of civilians is one we must ponder, Conrad insists, “The most unethical act for the Allies in World War II would have been allowing themselves to lose.”

This is a concept that applies not only to the war against Hitler but also to the one that America is currently fighting against Islamo-fascists. We have heard a great deal in the past few years about unethical tactics both in terms of attacking terrorist strongholds and as in dealing with prisoners who possess information about future threats. As the Obama administration tries to avoid further debacles like its reaction to the Christmas Day bombing attempt over Detroit and to maintain pressure on the Taliban in Afghanistan and Pakistan, the conclusion of The Bombing of Germany should haunt them. It is all well and good to try to earn applause for being more moral than our opponents. But when facing an enemy whose goal is the destruction of our society and the murder of countless innocents, the prime objective must remain the same as it was in World War II. Allowing ourselves to lose such a war is the most unethical act imaginable.

By Andrew Walden:

Earlier this month, the Obama administration moved to transfer alleged 9/11 mastermind Khalid Sheikh Mohammed from the military justice system at Guantanamo Bay to the jurisdiction of the US District Court for the Southern District of New York. Behind this move away from the military tribunal system, which delivered justice so effectively at Nuremburg, is an $8.5 million lobbying effort by the so-called “John Adams Project” launched in April, 2008 by the American Civil Liberties Union.

With the endorsement of Clinton Attorney General Janet Reno, former boss of Obama’s Attorney General Eric Holder, as well as former President Jimmy Carter, FBI and CIA chief William Webster, and others from both Republican and Democratic administrations, the ACLU‘s victory on behalf of the man sometimes described as “al Qaeda’s CEO” is also a defeat in the U.S.-led war on terror. Thanks to the ACLU, a terrorist like KSM will now enjoy the constitutional rights reserved for American citizens.

The civilian trial of a leading terrorist is the culmination of a years-long campaign by the ACLU to handicap U.S. efforts in the war on terror. The ACLU responded to the 9/11 attacks with the formation of its so-called National Security Project. Under the leadership of the ACLU and its ideological affiliate, the so-called Center for Constitutional Rights, hundreds of lawyers from top law firms have worked without pay to “serve the caged prisoners,” as they call the terrorist detainees in American custody. Their assault on the courts, combined with Democratic electoral gains in 2006 and 2008, has seriously undermined the military commission system. …

Their excuse is that they are safeguarding civil and constitutional rights. But as such rights do not extend to alien attackers, it’s  a thin and feeble pretext for doing what they are so passionately engaged upon that they do it free of charge. Their real aim is deeply malign: to damage America.

To the ALCU and its liberal allies, the al-Qaeda defendants are merely pawns in a larger game aimed at shackling the American and international forces who have been fighting al-Qaeda since 9/11.

Many of the ACLU’s campaigns have taken place under the “National Security Project.” Led by its CAIR-affiliated director, Jameel Jaffer, it reveals a broader picture of ACLU’s ongoing sabotage of American national security. …

Walden gives a number of examples to back up what he’s saying, including -

ACLU v. DOD –the ACLU seeks to … to go after individual US and international military and intelligence personnel — and after defense contractors if the right kind of precedent is created in Mohamed et al. v. Jeppesen Dataplan, Inc . John Adams Project operatives are also photographing CIA agents and giving the photos to Guantanamo detainees in order to generate torture allegations.

In Amnesty v. McConnell, the ACLU seeks to eliminate the right of the US government to spy without warrant on international telecommunication traffic. This is a right exercised by Carter, Reagan, Clinton, Bush and now by Obama–as well as many Presidents before them. An ACLU victory in this case could subject numerous US military and intelligence personnel telephone companies and military contractors to criminal or civil prosecution by or on behalf of jihadists in US or foreign courts. …

The ACLU is seeking to extend constitutional rights to hostile foreign nationals living outside the US and to protect armed activities conducted partly or wholly outside the US. As the KSM trials suggest, it also has a sympathetic ear in the Obama administration.

For instance, Obama’s Attorney General Eric Holder was a senior partner in the Covington & Burling law firm, which currently represents 16 Guantanamo detainees. Holder’s C&B law partner David Remes stripped to his underwear at a July 14, 2008 Yemeni news conference to demonstrate the strip-searches he claims are the most serious “torture” inflicted on detainees. Strip searches are a daily standard procedure in US and international prisons housing common criminals. But in the eyes of Holder’s former partner, this procedure is too debasing to be applied to jihadists. Remes soon left the firm to work on so-called “human rights” cases full time. …

The ACLU … wants to see all the Guantanamo detainees given civilian trials. The ACLU strategy has the potential to create a web of interlocking decisions and precedents that would serve to establish a basis for criminal prosecutions and more civil lawsuits by al Qaeda members against the US military personnel, contractors, Bush administration officials, and intelligence officers who have pursued them since 9/11.

If the ACLU is even partially successful, Americans and foreign allies who have risked their lives to pursue al Qaeda may find themselves in court answering to charges brought by the jihadists. With the civilian trial of Khalid Sheikh Mohammed, the ACLU is one step closer to that destructive goal.

Is this not civil war being fought by lawyers through the law courts? Or is it revolution?