War Crimes Prosecution would be a Grave Mistake

Posted on July 1, 2008
Filed Under War on Terror

As Americans, we have a right, if not an obligation to debate how our government goes about securing our safety. By denouncing misguided policies like waterboarding, certain aspects of The Patriot Act, and the deplorable behavior at Abu Garaib and supporting candidates who will effect the proper change, we work within our system to shape a government that reflects the people’s will. Just as the government’s power must be used with discretion so to must the people’s.

With pressure growing to appoint a special prosecutor to investigate whether Administration officials were guilty of war crimes abuses we run the risk of allowing anger and disgust to cloud our discretion. It was the opinion of The Supreme Court in the case Hamdan v. Rumsfeld that the harsh interrogation methods used on detainees violated international law.

I personally don’t believe our government should engage in torture even if applied in an attempt to save lives. This is just not the way a modern, civilized society should act. I also find the administration’s argument that the Geneva Conventions ban on humiliating or degrading treatment doesn’t apply to Al Qaeda detainees because they are not acting on behalf of a country to be ludicrous. Still, quiet a chasm exists between reading a desired interpretation into a treaty in an attempt to secure the homeland and possessing criminal intent. I just don’t believe any administration official was acting with criminal intent in interpreting our treaties to allow for torture. Without criminal intent how you prosecute for War Crimes?

Please link to this article

Care to re-post this article in your blog or website?