QUOTE(Conservpat @ Mar 14 2003, 10:39 PM)
QUOTE(Ultimatejoe @ Mar 14 2003, 05:14 PM)
That is frighteningly unAmerican. How can they be positively identified as having helped without a trial? What if the person being held was in the wrong place at the wrong time? What if he didn't really know what Al-Queda is and he just tagged along in Afghanistan because they fed him?
It amazes me how people value their own liberties to a zealous degree but couldn't care less about the rights of others. Rights are USELESS unless they are universally applied.
Safety supercedes liberties sometimes. Would you rather died because the gov't backed away or live with inconvienience?
CP
It strikes me that the universal application of the right to a fair trial (and other supposedly inalienable rights that are eminently alienable on the whims of government, given sufficient motive, as in the UK as well as in the USA) is not really about the rights of the criminal at all.
It is instead about the society that prosecutes them.
We tend to think that our societies in the Anglophone West are superior to both 'cowardly' non-Anglophone western countries, and to 'backward' or 'brutal' Islamic countries or regimes, because of the basic principles of fairness, equality, tolerance, and so on, that are enshrined at the heart of our societies.
If, when we perceive that we are under threat, we abandon those principles to fight on the same terms as our supposed adversaries (using imprisonment without charge or trial, denying access to legal counsel, etc, as detailed here and elsewhere) do we not sink to the same level as the people we affect to despise?
Or, do we just think that we are intrinsically superior, and that our own liberties and freedoms, produced from the careful construction of many clever people of many years (which, clearly are rather delicate things if they can be abandoned in less time than it took to build them), are not what make our countries special?
Taking the US Constitution as an example (easy than the UK, as it was composed by identifiable people at particular times, and is in any case summarised into a single document, unlike the labyrinthine UK constitution), it seems to me that, by defining the rights of government and citizens, the drafters understood human nature well enough to define things that they wanted to see as minimum standards, if you like. If they trusted people and governments to work things out for themselves, they wouldn't have bothered to define those areas, right?
So, if they (by implication) trusted that future US governments would not imprison without trial, they wouldn't have enshrined the rights of citizens to demand them, would they?
Further, if they recognised these tendencies in the nature of government and in human nature well enough to specifically prohibit their expression in the Constitution, surely they saw that there is no intrinsic superiority in being born American, only a privilege, and that the thing that makes America special is that the Constitution fundamentally recognises at least some of the flaws in human nature and human organisation (we'll let some of the flaws they didn't consider pass, such as greed, for another time or thread). The British (and yes, the French) constitutions do much the same, albeit in their own way and in the contexts of their own cultures.
So, if the constitutional back-pedalling that is being applied now in the US, UK and elsewhere, is not driven by intrinsic superiority, and is not what makes
us 'right' and
them 'wrong', what, exactly IS the justification, at first principles, for the current war.
NB I can see the pragmatic case for it - Saddam is a bad man- but that's the only argument I can see for doing it, and if that's the only justification it applies to many other countries, some of which are currently allies or at least not in the 'Axis of Evil' (e.g. Israel, Zimbabwe, Saudi Arabia, Pakistan, Nigeria). It also requires the US and UK to review or change their own activities and policies - not least our arms sales, or the blind eye turned in the US to IRA and ETA fundraising. If we want to wear the white hats to justify our actions, we have to be unequivocally good guys.