November 29, 2003

America takes the moral lowground

A sober British judge opines on Gunatanamo Bay:

As a lawyer brought up to admire the ideals of American democracy and justice, I would have to say that I regard this as a monstrous failure of justice.

The question is whether the quality of justice envisaged for the prisoners at Guantanamo Bay complies with minimum international standards for the conduct of fair trials. The answer can be given quite shortly: It is a resounding No.

The term kangaroo court springs to mind. It conveys the idea of a preordained, arbitrary rush to judgment by an irregular tribunal which makes a mockery of justice. Trials of the type contemplated by the United States government would be a stain on United States justice. The only thing that could be worse is simply to leave the prisoners in their black hole indefinitely.

Looking at the hard realities of the situation, one wonders what effect it may have on the treatment of United States soldiers captured in future armed conflicts. It would have been prudent, for the sake of American soldiers, to respect humanitarian law.

Second, what must authoritarian regimes, or countries with dubious human rights records, make of the example set by the most powerful of all democracies?

Third, the type of justice meted out at Guantanamo Bay is likely to make martyrs of the prisoners in the moderate Muslim world with whom the West must work to ensure world peace and stability.

See also this BBC report.

(Via Dan Gillmor)

Posted by timo at November 29, 2003 08:39 PM | TrackBack
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