No Cameras: politics, international humanitarian law, military theory and ferrets

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13 July 2003: "...What military music is to music"

The Economist devotes its front cover and its opening leader this week to the planned military commissions to try suspected terrorists. The title alone—"Unjust, unwise, unAmerican"—leaves little doubt as to the editorial position regarding this issue. The main beef the editors have with the scheme is the way the executive seems to be doing all in its power (or more correctly, beyond its power) to keep the legislature and the judiciary cut out of the matter, thereby undermining the principle of "checks and balances," which is the cornerstone of the US Constitution. (Indeed, it undercuts the trias politica, cornerstone of modern democracy.)

The accompanying article ("A necessary evil?" which is premium content) contains a chart which compares the protections allowed defendants in various other trial settings; the US military commission concept does not compare well; most of the protections granted a defendant even in a US court-martial are not guaranteed, notably the right to choose one's lawyer, lawyer-client confidentiality, the right to access all evidence presented in the prosecution, and the right to appeal to a member of an independent judiciary. The military commission setup compares unafavourably to trials in Apartheid-era South Africa, which means that Nelson Mandela got a better trial than the inmates of Camp Delta will.

The article concludes with the following passage:

“It's very easy to criticise something if you haven't seen it in action yet,” says Major John Smith, a Pentagon spokesman. “Military commissions may come to be seen as a very legitimate and proper way of dealing with international terrorism.”
"Criticising something you haven't seen in action yet"... Sounds suspiciously like the US government's attitude towards the International Criminal Court, if you ask me. And at least the Rome Statute guarantees the defendant those protections most democratic states consider proper.
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