Legal Affairs – Al Qaeda Detaineees: Don’t Prosecute, Don’t Release

National Journal

The Bush administration has a problem for which it has suggested no good solution: Although hundreds of the suspected Al Qaeda members being held at Guantanamo and in Afghanistan appear to be would-be mass murderers, few seem to have been individually implicated in provable war crimes or terrorist acts. Should the Pentagon release such people-as domestic law enforcement officials would be legally obliged to do-and run the risk that they will turn to killing as many of us as they can? Or should it stretch the available evidence and the law as far as necessary to come up with some criminal charge to bring against all who seem dangerous?

Legal Affairs – The Case for Targeting Civilians, and Why It Fails

National Journal

A fundamental principle of international law and morality is that the deliberate murder of civilians is always wrong. In war, it is a war crime. In peace, it is terrorism. No matter the justice of the underlying cause, no end can ever justify that means. This principle unites civilized people in abhorrence of both the crimes of September 11 and the Palestinian bombings of Israeli cafes, restaurants, and buses. It is the core of President Bush’s conviction that we are in a battle of good against evil.

Legal Affairs – Be Wary of the War Crimes Court, but Not Too Wary

National Journal

The first international court in history with the power to punish war crimes, crimes against humanity, and crimes of genocide committed anywhere in the world will officially become a reality on April 11 and, if all goes according to plan, will be up and running sometime next year. Like the more limited, ad hoc international tribunals established by the U.N. Security Council to pursue perpetrators of atrocities in the former Yugoslavia (including Slobodan Milosevic, now on trial at The Hague) and in the 1994 genocide in Rwanda, this new International Criminal Court embodies the noble aspiration to extend the rule of law worldwide. (See this issue, p. 988.)

Legal Affairs – The Skies Won’t Be Safe Until We Use Commonsense Profiling

National Journal

The government’s effort to upgrade airport security over the past six months has been massive and expensive: federalizing airport security forces; confiscating toenail clippers; frisking randomly chosen grandmothers, members of Congress, former CIA directors, and decorated military officers; stationing National Guard troops in airports; putting sky marshals on planes. Has it been effective?

Legal Affairs – We Don’t Need to Be Scofflaws to Attack Terror

National Journal

Modern terrorism "renders obsolete [the] strict limitations on questioning of enemy prisoners" required by the 1949 Geneva Conventions, White House Counsel Alberto R. Gonzales wrote in a memo drafted for President Bush (leaked to The Washington Times), "and renders quaint some of its provisions requiring that captured enemy be afforded such things as commissary privileges … athletic uniforms and scientific instruments."

Legal Affairs – Send the Traitor to Prison, but Don’t Execute Him

National Journal

Is John Walker a candidate for the firing squad? Or a mixed-up kid who should be sent to bed without his dessert? Measuring the known facts (and much remains unknown) of this bizarre case against laws and judicial precedents, the answer appears to be that Walker is a traitor who may be hard to convict of treason, who does not appear to deserve the death penalty (unless evidence not yet public implicates him in one or more murders), and whose case raises as many tricky legal questions as any law school exam. "It’s a devil’s brew of intricate and complex issues of U.S. criminal law, of constitutional law, of military law, and of international law," says Eugene Fidell, president of the National Institute of Military Justice.

Legal Affairs – Don’t Treat Innocent People Like Criminals

National Journal

The Bush Justice Department’s focus on preventing terrorist acts rather than solving past crimes is justified by the magnitude of the threat. It’s unfortunate but understandable that by throwing a broad net to catch people who might possibly be terrorists, the government has arrested and detained hundreds of Middle Eastern men on the basis of unconfirmed suspicions that-in the vast majority of cases-have been or seem likely to be dispelled. What’s unfortunate and unforgivable is the mounting evidence that many of these men have been treated badly or abusively while detained, even after being cleared of involvement in terrorism. Such mistreatment will not win the hearts and minds of potential informers, and it will ultimately prove unhelpful to the war on terrorism.

Legal Affairs – Military Tribunals Need Not Be Kangaroo Courts

National Journal

In America, people are not supposed to disappear the way they do in Argentina and Guatemala. Yet under President Bush’s November 13 order authorizing trials of noncitizens accused of terrorism by presidentially appointed military commissions, the Bush Administration has assumed sweeping power to make such people almost disappear.

Legal Affairs – Ashcroft’s `Trust-Us’ Routine Is Getting a Little Stale

National Journal

More than 1,180 men, most of them Middle Eastern, have been locked up in connection with the September 11 mass murders with virtually no public disclosure of who they are, where they are, or what crimes or immigration violations they have been suspected of committing. A regulation is quietly slipped into the Federal Register authorizing government officials to listen in on consultations between some of these detainees and their lawyers. A presidential order allows for future military detention and trials of foreigners accused of terrorist war crimes.

Legal Affairs – A Nuclear Nightmare: It Could Happen Today

National Journal

Few things concentrate the mind like the prospect of a nuclear mushroom cloud in your own neighborhood. So please concentrate on this: I asked Ambassador Thomas Graham Jr., a sober, respected, retired career arms control official who was President Clinton’s special representative for nonproliferation and disarmament from 1994-97, to quantify the risk of nuclear terrorism. Here is what he said, from Moscow, via cell phone: