Even if he were accredited to a country like Portugal or Poland, it would make no difference whether or not Davis was a member of the “special forces,” a CIA agent, or a man working under contract. Nor would it matter whether or not he was using his own name. Even in the case of a deliberate breach of local law, he would be repatriated before it was decided whether or not, or how, to proceed against him. But Pakistan is not a “normal” country. It is a failed and rogue state, where Davis would have had to know that his assailants might very well be working for the forces of law and order. There would be no need for him to be carrying arms if it were not notorious that the Pakistani army and police are the patrons of the Taliban and in league with various criminal and fundamentalist gangs…
Not to mince words, then, Davis is a hostage. In addition to the usual sense of the word, he is a hostage to the Pakistani authorities who dare not—even if they wish—make an enemy either of the Islamist mobs or the uniformed para-state run by the intelligence services. He is also a hostage to the inability or unwillingness of the U.S. government to call things by their right names. President Barack Obama and Secretary of State Hillary Clinton have made the correct noises about the relevant international statutes governing immunity, and their envoy Sen. John Kerry (who should never have been sent unless notified in advance that he would return with the prisoner) has even spoken of putting Davis on trial in the United States, which in ordinary circumstances might seem a little premature. But they all talk as if Pakistan were a country of law, and they all talk as if Pakistan were not a client state. Its client status, indeed, is what leads so many Pakistanis to detest America, without whose largesse and indulgence it would long ago have faced collapse. Thus to the final irony: We are denied leverage by the fact of the very influence for which we are hated.
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