Saturday, May 5, 2012

KSM Arraignment

The arraignment of KSM and his accused 9/11 co-conspirators will occur later today (the link has good bios on the guys). 

My thoughts... I stand by an
earlier post in which I welcomed that these individuals would be charged and tried under the military commissions process. The head prosecutor is also the best of the best of what America has to offer (the accolades in the linked article are matched by statements that I have heard from others who know Martins). 

Back to the trial authority question... From my perspective, the 9/11 attacks were an act of war against the US. The strikes were carried out by a group of individuals serving the political agenda of a formal organisation focused on destroying the United States. I disagree with the notion that it is only states that can carry out acts of war. This is the 21st century.. for a few examples of non-state actors able to wage effective war, just look at current instability in Afghanistan, Mexico and Yemen. For another example, Hizballah's military power in Lebanon means that this group has effective power over the stability of that country's political process (a power they are not afraid to use). My point is that non-state actors have extroadinary power potential. To treat them as simple criminals ignores the fundamental political nature of their agenda and their associated acts. A criminal law focus also allows these organisations to use the criminal justice system as a propaganda weapon and thus as a vehicle for the continued pursuit of their agenda. There is a final relevant point... the jurors who would consider a civilian court trial simply do not have a sufficient understanding of the military-political component of organisations like Al Qa'ida.

No comments:

Post a Comment