This is a heartwarming little story - the process put in place to try detainees at Guantanamo Bay lacks some of the essential elements of fairness that were afforded even to the senior Nazis tried at Nuremberg. That is according to Henry King Jnr, who was chief prosecutor at Nuremberg, where a number of Nazi leaders were ultimately found guilty and executed despite the onerous burden of having to hold a fair trial before an impartial decision maker.
King is particularly appalled that evidence obtained through coercion is acceptable at Guantanamo, and he also points to the more essential problem: by acting in this way, the United States risks losing its moral authority as a liberal democracy with traditions of fairness and justice.
The United States has always stood for fairness. That’s the important thing. We were the ones who started war crimes tribunals and we’re the architects. I don’t think we should turn our back on that architecture.
Approximately 72 million people died in World War II, yet even in the immediate aftermath of the war the Allies understood the need to ensure that justice was afforded in a fair and transparent manner. What is so different about the ‘war on terror’ that requires such a radically different approach?
“What is so different about the ‘war on terror’ that requires such a radically different approach?”
Bush is what’s different. Bush is every bit the religious zealot that Bin-Laden is except he has smart bombs, cruise missles and the most powerful nation in human history behind him.
Only came by this excellent post of yours today. King is right in that the US were scrupulous in trying to be fair about the trials and even then, there are still moral & legal questions eg victors’ justice; no right of appeal. The Soviets wanted summary execution. The Brits wanted summary court martial followed by summary execution. Only the US wanted a trial and not a show trial either. But there was debate in the US too. One early view that was put strongly at high levels and almost prevailed was to completely dismantle German industry.
You are also correct in asking what could possibly be so urgent about the War on Terror that due process must be forsaken.