I will begin with a few short facts. One, the Fifth Amendment to the United States Constitution states, “No person shall … be deprived of life, liberty, or property, without due process of law.”
Two, the United States has “detained” 598 persons hailing from 43 sovereign nations in Cuba. Each is suspected of ties to al-Qaida.
Three, no one has been charged with a crime, nor have they been granted POW status in accordance with the Geneva Convention.
Needless to say, it is a very nasty situation for more than a couple of reasons.
First, the United States is ignoring one of the most basic principles of its government-due process of law. This sets a poor precedent for anyone finding himself on the American government’s bad side. Other foreign nationals or possibly U.S. citizens could find themselves “detained” in violation of their Fifth Amendment rights.
Furthermore, failing to comply with the Geneva Convention and ignoring rights granted in the Constitution is costing the United States international respect and support. Such support will be invaluable for an effective worldwide response to terrorism or any other future international effort. It should not be wasted just to make interrogations a little easier for our military. The World Organization Against Torture has demanded that the United States hold a tribunal for the prisoners. Kuwait, despite its close relations with the United States, asked that the United States “consider defendants innocent until proven guilty.”
Also, the United States may be sacrificing the rights of its citizens and soldiers by ignoring the rights of persons held by the government. If the United States refuses to respect the rights of the “detainees,” why should a foreign government respect the rights of American soldiers or citizens?
On the opposite side of the argument, the United States can hardly afford to release al-Qaida agents to continue a terror war, nor can it afford to lose the witnesses and testimonies needed to convict those criminally responsible for the Sept. 11 attacks. However, these can be obtained through normal criminal judicial processes without abridging the rights of the prisoners and gambling with the rights of Americans abroad. Some faith must be placed in the judicial process to discover the guilty and protect the innocent. Declaring those incarcerated to be POWs may be necessary, but it is less favorable. Terrorists are criminals, not soldiers in a war.
To rectify the situation, the United States should recognize the rights of the “detainees.” Charge the terrorists as criminals, or at least grant them POW status. Leave detention in high school where it belongs.