Sermon for Mattins on the 24th Sunday after Trinity, 15th November 2015 – Security or Liberty?
Daniel 12:1-3 ‘There shall be a time of trouble, such as never was ..’
Mark 13:1-8 ‘Such things must needs be; but the end shall not be yet’

‘For nation shall rise against nation, and kingdom against kingdom: and there shall be earthquakes in divers places, and there shall be famines and troubles: these are the beginnings of sorrows. But take heed to yourselves: for they shall deliver you up to councils; and in the synagogues ye shall be beaten:…’

That’s the end of our Gospel reading this morning, and the verse after. It might be a description of what it feels like to be a Christian in Iraq, or Syria, or anywhere else where so-called Islamic State is operating. It’s not safe to be a Christian there – and many Christians have become refugees.

And now, in Paris, that violence, that terrorism, has come out of the Middle East and is on our doorstep. Hundreds of people have been killed and maimed by suicide bombers with Kalashnikovs in that lovely city, where we all have treasured memories, of happy days, beautiful sights and wonderful meals in fine company.

We are horrified. We feel for the poor people of Paris. How frightened they must feel. If these terrorists could do it once, can they, will they, do it again? It could be London next time. How can we deal with this terrorism?

I was already thinking about this earlier in this week, before the terrible news from Paris arrived. Mohammed Emwazi, ‘Jihadi John’, the IS terrorist with a British accent, who appeared on several of their awful propaganda videos and appears to have murdered several innocent people, was killed in Syria earlier this week by a missile fired from an unmanned aircraft, a drone. Or rather, the Americans, whose missile it was, say they are ‘99% certain’ they killed Emwazi. And several other people were in the same car and were killed when it was hit by the missile.

You may remember the case of Derek Bentley, condemned to death – and executed – in 1953 – for the murder of a policeman. He was a 19-year-old with learning difficulties. During an attempted burglary, his partner in crime, Christopher Craig, who was under 18, shot a policeman after Bentley had called out ‘Let him have it’, ‘it’ being the gun. The prosecution alleged that ‘Let him have it’ meant ‘Shoot him’, and the judge directed the jury to find that interpretation. Bentley was hanged. He has since been posthumously pardoned, and his conviction quashed.

Bentley’s case was one of those miscarriages of justice which persuaded our parliament to abolish the death penalty. At least, to abolish it when we bring an alleged murderer before the courts.

But what if the alleged murderer is a terrorist? Do you remember ‘Death on the Rock’, the ITV documentary broadcast in 1988, about three IRA man who were shot by the SAS in Gibraltar?

Or Jean Charles de Menezes, the innocent man shot nine times by policemen on a Victoria Line tube train?

Or even Osama bin Laden, shot by the US special forces in Pakistan at his home? None of them was tried. But they were all killed, killed by the forces of law and order. Was that right?

There is a difference in legal interpretation between us and the USA in this context. They characterise these operations as being part of a ‘War against Terror’, an actual war, in which the terrorists are combatants, soldiers. We, on the other hand, see terrorists as criminals, to be brought to justice in the courts.

In general, in war, subject to the Geneva Conventions, it is lawful to kill enemy soldiers. Therefore if Mr Emwazi was a soldier and there was a war, in principle it would have been lawful to kill him.

But if there wasn’t a war, at least a war in the sense that Mr Emwazi was a soldier in an army belonging to a country which was at war with the United States, then he was simply a criminal who should have been brought to trial. Incidentally, murder is one of the few crimes which the British courts will try, irrespectively where in the world the offence was committed.

So was it right, or lawful, to kill him with a missile? Nobody is sure even that it was indeed him who was killed – let alone whether his fellow-passengers were in any way sufficiently culpable in order to deserve the death penalty.

Compare Jihadi John’s case with Derek Bentley’s. Bentley was tried. He had the benefit of counsel. There was a jury. The judge was experienced. But they still got it wrong.

Here, we don’t even know for sure whether it was Jihadi John that the missile hit. We don’t know who the other people who were killed were. The missile was fired by the US Army at a car in a town in Syria, Raqqa. The United States is not at war with Syria. Dare one ask, on what legal basis could the strike be justified?

Now I know that you will have listened to me saying that, and you’re probably thinking, ‘That must be wrong’. Wrong, in the sense that ‘of course it was the right thing’ to get rid of Emwazi. He was a ‘dangerous terrorist’. The Prime Minister, I believe, has said that killing him was a question of self-defence.

A former law professor at the LSE, a very old friend of mine, said that the special circumstances, in effect, justified the killing. ‘Imagine you have him in your sights, knife poised over neck of a captive… Do you shoot, or ring 999 and hope for the best?’ It is the same sort of reasoning which is sometimes used to justify torture.

Well, some lawyers at least certainly disagree with those suggestions. The former Master of the Rolls, Lord Bingham, Sir Tom Bingham, in his very fine book ‘The Rule of Law’, quoted Cicero, De Legibus (‘On Laws’),’ Salus populi suprema lex esto’, (‘let the safety of the people be the highest law’), but said that he preferred Benjamin Franklin’s view that ‘he who would put security before liberty deserves neither’.

The early Christians had a hard time. As we read in St Mark’s Gospel, Jesus was preparing the apostles for persecution. What he warned them about indeed sounds like what is happening to the Christians in the Middle East today. But remember what St Paul said, in his Letter to the Romans, chapter 8.

35 Who shall separate us from the love of Christ? shall tribulation, or distress, or persecution, or famine, or nakedness, or peril, or sword?
36 As it is written, For thy sake we are killed all the day long; we are accounted as sheep for the slaughter.
37 Nay, in all these things we are more than conquerors through him that loved us.

And let us remember what Jesus himself said in the Sermon on the Mount.

‘I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also.’

Jesus had no use for military intervention, let alone a ‘war on terror’. In the Beatitudes, ‘Blessed are the peacemakers: for they shall be called the children of God’. Love your enemies. Love your enemies! This is revolutionary stuff. How can we handle it?

Surely we cannot just stand aside and let IS run amok all over the world? Can we? Last week I preached about how ‘Thou shalt not kill’ had evolved into the doctrine of the Just War, and how in modern times the rules sometimes allowing for warlike acts had been agreed in the United Nations Charter. The war must be in self-defence, or to give effect to a mutual protection treaty, or if the United Nations to has sanctioned it.

This is presumably why the Prime Minister has made reference to self defence, in seeking to justify the drone strike which probably killed Jihadi John. But it is at least arguable that there is no war; there was only terrorism, which in this country is a criminal matter, not an act of war.

In that case, whether or not the action was in self-defence is not relevant, in the sense that the Battle of Britain was fought in self-defence by the RAF. Even if it were, it is highly unlikely that Jihadi John was in any meaningful way a threat to the existence of this country.

We need to pray for guidance, and for our leaders to have wisdom and discernment where terrorism is concerned. It is no use our getting involved in ‘an eye for an eye and a tooth for a tooth’. We should remember that ‘He who would put security before liberty deserves neither’.

Truth and reconciliation are far more likely to lead to long term peace. Let us pray that they are forthcoming.

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