The 9/11 attacks were not civil torts. They were acts of war. It is important to keep that fact in the front of our minds as we press for long-overdue disclosure of evidence linking the Saudi Arabian government to the mass murder of nearly 3,000 Americans, to say nothing of the even more overdue investigation of Iran’s contributory role — an investigation that should have been in high gear immediately after the planes struck their targets.
Over the years in these pages, we have catalogued the damage done to national security by regarding international terrorism as a mere law-enforcement problem — the 1990s Clinton counterterrorism paradigm that President Obama has gradually reinstated. We haven’t much considered, though, another problem with thinking about violent jihadism as a litigation matter: It leads us to lose perspective about who was attacked, and why.
Much as our hearts ache for the victims whose lives were lost, and for the families whose lives were ripped apart, 9/11 was not principally an attack on the victims and their families. It was an attack on the United States of America. It was a stealth combat operation against the American people, all of us, by foreign enemies who had quite publicly declared war on our nation. Those killed and wounded are more accurately thought of as casualties than as victims.
This is why it is so unfortunate that the drive to get public accountability for the attacks has been intertwined with the effort to get financial compensation for the families by way of civil lawsuits against complicit nations.
Don’t get me wrong: All of us should demand that state sponsors of terrorism be made to pay dearly for their atrocities – although, for reasons I’ll get to in a bit, legislation permitting victims to sue is a counterproductive way to go about this. But for all the incalculable pain and suffering inflicted on our fallen fellow Americans and their families, the laudable desire to see them awarded hefty money damages is, at best, a secondary priority.