Your post raises several issues. First, if the remote possibility of capturing OBL or any of his major leutenants actually occurred, what should be done with them? From the beginning, Bush has characterized the attack on America as an act of international terrorism, an attack on civilization. The coalition that has been assmbled is an international one, with numerous countries contributing air bases, troops, technical assistance, etc. The world, not the least of which are the Moslem countries, have asked for proof of OBL's involvement. Are you suggesting that some sort of trial and summary judgment should occur in secret conducted by a military tribunal of some kind?? No freakin'way.
Second, the institution of secret military tribunals, along with other measures passed by Congress or on Ashcroft's wish list(such as the right to eavesdrop on conversations between attorneys and suspects, and the racial profiling of legal immigrants)) together represent some serious inching into very shaky territory WRT civil liberties. I realize as much as the next person that we are in perilous times and unusual measures are necessary--to a degree. What is over the line? And who will be watching to make sure these new measures are not abused?
Third, the whole question of trials by judges hand-picked by the Secretary of Defense, rights of appeal, standards of evidence and sentencing for suspects in international terrorist activities or crimes against humanity begs the question of whether the US government intends to extend any regard whatsoever to international authorities in dealing with these cases. After all, we have promoted the use of such international tribunals in dealing with Kosovo, Serbia and Rwanda. And they are proving to be successful.
Personally I think it is in the US national interest to regard an international tribunal as legitimate in these cases because it would open to the world and secure the question of moral authority to prosecute these criminals, something that so much of the world believes that we lack because of double standards we have historically maintained in the conduct of our foreign policy. Unfortunately, such a position is a double-edged sword in that it encourages others who oppose us to pursue cases against officials of our own government. Such a case has already been filed against Henry Kissinger. That's why I am sure Bush et al would be against taking OBL into an international court. But it would be at the peril of our international moral legitimacy to avoid it. |
