Justice and the Enemy

Home > Other > Justice and the Enemy > Page 24
Justice and the Enemy Page 24

by William Shawcross

Pakistani Taliban (TTP)

  See also Taliban

  Palace of Justice, Nuremberg

  Palestine Liberation Organization (PLO)

  Pan Am Flight 103 bombing

  Panetta, Leon

  Parker, Tom

  Pearl, Daniel

  The Pearl Project

  Pelosi, Nancy

  Pentagon, September 11, 2001 terrorist attacks and

  PETN

  Petraeus, David

  Philippine Airlines bombing

  Phillips, Melanie

  Pillay, Navi

  PLO. See Palestine Liberation Organization

  Podhoretz, John

  Pope John Paul II

  The Portage to San Christobal of AH (Steiner)

  Powell, Colin

  POWs. See Prisoners of war

  President’s power during wartime

  Press, access of

  Prisoners of war (POWs)

  detention of

  Geneva Conventions and

  status

  terrorists as

  unlawful combatants compared with

  Prolonged wall standing (enhanced interrogation technique)

  Protocol I, Geneva Conventions

  ratification of

  Al Qaeda

  American embassy bombings

  civilian deaths caused by

  Common Article 3 and its application to

  federal trials for

  Geneva Conventions and dealings with

  Ghailani and

  Islamic Jihad merger with

  Islamist influences on

  justice for leaders of

  Khobar Towers bombing by

  KSM in

  legal lobby

  Nazism and

  origins of

  post-September II

  reaches in U.S.

  thwarted plots

  as unlawful combatants

  U.S. and

  U.S.S. Cole suicide bombing by

  WMDs possessed by

  Al Qaeda in the Arabian Peninsula (AQAP)

  Ghamdi and

  Qaradawi, Yusuf al

  The Quilliam Foundation

  Quirin, Richard

  Qumu, Sufyan Ben

  Qureshi, Asim

  Qutb, Mohammed

  Qutb, Sayyid

  in Muslim Brotherhood

  Social Justice in Islam

  trial and hanging of

  U.S. and

  Rabinowitz, Dorothy

  Radical Islamism

  mass murder and

  Rahman, Sheikh Omar

  Ratner, Michael

  Reagan, Ronald

  Protocol I ratification and

  Recidivism

  Red Cross

  Reid, John

  Reid, Richard (shoe-bomber)

  trial

  Religion

  Remes, David

  Ressam, Ahmed

  Rich, Marc

  Robertson, Geoffrey

  Romero, Anthony

  Roosevelt, Theodore

  “Denying Certain Enemies Access to the Courts of the United States,” Proclamation

  Ex Parte Quirin and

  Nazi leaders and, justice for

  Rosenman, Sam

  Rossiter, Clinton

  Roth, Ken

  Rudenko

  The Rule of Law (Bingham)

  Rule of Law Field Force

  Rumsfeld, Donald

  Hamdan v. Rumsfeld

  Rushdie, Salman

  Russia

  Afghan-Soviet War

  Katyn and

  Nazis and

  Nuremberg Tribunal and

  objections to military tribunal for Nazi war criminals

  Salafism

  Santora, Alexander

  Santora, Christopher

  The Satanic Verses (Rushdie)

  Saudi Arabia

  embassy in Khartoum terrorist attack

  monarchy

  Scheinin, Martin

  Schoenfeld, Gabriel

  Schumer, Charles

  Scruton, Roger

  SEAL Team Six

  Seattle Weekly

  Sen, Ibrahim Shafir

  September 11, 2001 terrorist attacks

  bin Laden and

  Bush and

  intelligence hints of

  KSM and

  Obama and

  planning

  Al Qaeda after

  targets

  terrorists charged with

  trial for

  U.S. response to

  SERE training. See Survival, Evasion, Resistance, and Escape training

  Al Shabaab (terrorist group)

  Shahzad, Faisal

  Sharia law

  Shawcross, Hartley

  on Nuremberg Tribunal

  Nuremberg Tribunal closing speech by

  Sheikh, Omar

  Shia extremists

  al-Shibh, Ramzi bin

  Shiite Islamic Revolution in Iran

  Shoe-bomber. See Reid, Richard

  Siddiqui, Aafia (Lady Al Qaeda)

  Simcox, Robin

  Singer, P.W.

  Sixth Amendment

  Slapping (enhanced interrogation technique)

  Sleep deprivation

  Smith, Lamar

  Social Justice in Islam (Qutb)

  Sowell, Thomas

  Spann, Johnny “Mike,”

  Special Forces, U.S.

  Der Spiegel (new magazine)

  Stafford-Smith, Clive

  Stalin, Josef

  Nazi leaders and, justice for

  Steinberg, Gerald

  Steiner, George

  Stettinius, Edward

  Stewart, Lynne

  Stimson, Cully

  Stimson, Henry

  Stone, Harlan Fiske

  Summary executions, of Nazi High Command

  Summary justice, for Nazi war criminals

  Sunni extremists

  Sunni Muslims

  Supreme Court, military commissions and

  Survival, Evasion, Resistance, and Escape (SERE) training

  Syria

  Taliban

  Geneva Conventions and dealings with

  Germans in

  Targeted killings

  Tent, George

  The Terror Presidency (Goldsmith)

  Terrorism

  Internet and

  Islamist, threat of

  law enforcement response to

  Muslim Brotherhood

  See also specific terrorist acts

  Terrorist groups, officially designated

  See also specific terrorist groups

  Terrorists

  C.I.A. black sites for

  criminal court trials for

  death penalty sought by

  drone attacks on

  extradition of

  federal trials for

  interrogation of

  justice for

  law enforcement used against

  legal representation for

  military commissions for

  military justice for

  as POWs

  prosecution of

  September 11, 2001 terrorist attacks

  trying

  See also specific terrorists

  Thiessen, Marc

  Third Reich, Muslims and

  Thomas, Evan

  Ticking time bomb scenario

  Timms, Stephen

  Toensing, Victoria

  Torture

  alleged

  interrogation techniques compared with

  what constitutes

  Torture memos

  Trial of the Major War Criminals Before The International Military Tribunal

  Truman, Harry

  TTP. See Pakistani Taliban

  TWA Flight 847 hijacking

  Twelfth S. S. Pander Division, Nazi

  UAV. See Unmanned Aerial Vehicles

  UCL. See University College, London

  U.N. See United Nations

  United Nations
(U.N.)

  Convention Against Torture

  Convention on the Prevention and

  Punishment of the Crime of

  Genocide

  Human Rights Commission

  United States (U.S.)

  Afghanistan war

  Anti-Americanism and

  bin Laden and war declared on

  citizenship

  criminal law

  enhanced interrogation techniques and reputation of

  Europe and

  human rights communities’ criticisms of

  Iraq occupation

  jurisdiction of

  KSM’s study in

  Al Qaeda and

  Al Qaeda’s reach in

  Qutb, Sayyid, and time in

  September 11, 2001 terrorist attacks and response of

  support of military tribunal for Nazi war criminals

  War on Terror

  Universal jurisdiction

  University College, London (UCL)

  Unlawful combatants

  detention of

  Geneva Conventions and

  POWs compared with

  Unmanned Aerial Vehicles (UAV)

  U.S. See United States

  U.S.S. Cole suicide bombing

  V.E. Day

  Vengeance, for Nazi crimes

  Vietnam

  Khmer Rouge and

  Violence

  Islamist

  Muslim on Muslim

  Al Qaeda and civilian population

  Wahhabis

  bin Laden’s connection to

  Walling (enhanced interrogation technique)

  Walzer, Michael

  War Crimes Act of 1996

  interrogation under

  War criminals

  due process for

  execution of

  Japanese

  See also Nazi war criminals

  War on Terror

  Geneva Conventions and

  successes of

  War paradigm

  Warrants

  Washington Post

  Washington Times

  Waterboarding (enhanced interrogation technique)

  incidence of

  of KSM

  Weapons of mass destruction (WMD) bin Laden and

  Al Qaeda’s possession of

  Weber, Max

  West, Rebecca

  Westergaard, Kurt

  Westernization

  Wittes, Benjamin

  The Law and the Long War

  press access and

  Wizner, Ben

  WMDs. See Weapons of mass destruction

  World Trade Center

  KSM and first bombing of

  September 11, 2001 terrorist attacks and

  World War II

  Japanese war criminals

  POW detention during

  Writ of habeas corpus

  Yamamoto, Isoroku

  Year Zero

  Yemen

  al-Awlaki in

  Yoo, John

  Young, William

  Yousef, Ramzi

  arrest and conviction of

  World Trade Center bombing

  al-Zawahiri, Ayman

  suicide bombing

  Zeigler, Patrick

  Zubaydah, Abu

  ABOUT THE AUTHOR

  WILLIAM SHAWCROSS is an author and journalist who has covered international conflicts and conflict resolution for many years. He has written several books including Sideshow: Kissinger, Nixon and the Destruction of Cambodia; The Quality of Mercy: Cambodia, Holocaust, and Modern Conscience; Deliver Us from Evil: Warlords, Peacekeepers, and a World of Endless Conflict; Allies; and the bestselling The Queen Mother: The Official Biography. He was a founding member of the International Crisis Group and served on the board and executive committee from 1995-2006. His father, Hartley Shawcross, was Britain’s lead prosecutor at the Nuremberg Trials. He appears regularly on television and radio, and his articles have appeared in leading newspapers and journals throughout the world. He lives in London.

  PublicAffairs is a publishing house founded in 1997. It is a tribute to the standards, values, and flair of three persons who have served as mentors to countless reporters, writers, editors, and book people of all kinds, including me.

  I. F. STONE, proprietor of I. F. Stone’s Weekly, combined a commitment to the First Amendment with entrepreneurial zeal and reporting skill and became one of the great independent journalists in American history. At the age of eighty, Izzy published The Trial of Socrates, which was a national bestseller. He wrote the book after he taught himself ancient Greek.

  BENJAMIN C. BRADLEE was for nearly thirty years the charismatic editorial leader of The Washington Post. It was Ben who gave the Post the range and courage to pursue such historic issues as Watergate. He supported his reporters with a tenacity that made them fearless and it is no accident that so many became authors of influential, best-selling books.

  ROBERT L. BERNSTEIN, the chief executive of Random House for more than a quarter century, guided one of the nation’s premier publishing houses. Bob was personally responsible for many books of political dissent and argument that challenged tyranny around the globe. He is also the founder and longtime chair of Human Rights Watch, one of the most respected human rights organizations in the world.

  For fifty years, the banner of Public Affairs Press was carried by its owner Morris B. Schnapper, who published Gandhi, Nasser, Toynbee, Truman, and about 1,500 other authors. In 1983, Schnapper was described by The Washington Post as “a redoubtable gadfly.” His legacy will endure in the books to come.

  Peter Osnos, Founder and Editor-at-Large

  a I described this trip and the memories it aroused in The Quality of Mercy: Cambodia, Holocaust, and Modern Conscience (New York: Simon and Schuster, 1984).

  b Twenty Nazis were in the dock at the start of the tribunal. Martin Bormann was tried in absentia. Kaltenbrunner was ill at the start but later recovered and was brought to court. Ley committed suicide, and Krupp was declared insane.

  c The most reliable source for casualties in Iraq has been www.iraqbodycount.org.

  d In his eloquent closing speech for the prosecution at Nuremberg, Justice Jackson said that “Goering stuck a pudgy finger in every pie.” It was an odd phrase for such a serious speech but it was understood by everyone in the courtroom who had watched Goering dominate the proceedings. Rebecca West agreed with Jackson: “The courtroom was not small, but it was full of Goering’s fingers. His soft and white and spongy hands were forever smoothing his curiously abundant brown hair, or covering his wide mouth while his plotting eyes looked facetiously around, or weaving impudent gestures of innocence in the air.” And “he was the only one of these defendants who, if he had the chance, would have walked out of the Palace of Justice and taken over Germany again, and turned it into the stage for the enactment of the private fantasy which had brought him to the dock.” [Rebecca West, A Train of Powder (New York: Macmillan, 1955), 21, 7. ]

  e Jackson withdrew this opinion because the men had already been executed and he judged it therefore no longer relevant.

  f In his 1951 study “The Supreme Court and the Commander in Chief,” the scholar Clinton Rossiter noted that the Court “has refused to speak about the powers of the President as commander in chief in any but the most guarded terms. It has been respectful, complimentary, on occasion properly awed, but it has never embarked on one of those expansive flights of dicta into which it has been so often tempted by other great constitutional questions.” [Gabriel Schoenfeld, National Affairs 7, (2011).]

  g The International Committee of the Red Cross (ICRC), which first visited Guantanamo in 2002, was able to speak to Khalid Sheikh Mohammed after he and the other detainees held in secret sites were moved there in 2007; the ICRC report was subsequently leaked and published in the New York Review of Books. The ICRC complained strongly about the slowness of the Bush administration to respond to its concerns about the men’s treatment; it also asserted that C.I.A.
medical staff committed a “gross breach of medical ethics” by agreeing to oversee the abusive interrogations. Marc Thiessen, former speechwriter to President Bush and author of Courting Disaster, used the same ICRC report to dismiss the notion that KSM was waterboarded 183 separate times. He pointed out that the report, based on information from KSM himself, stated that the number 183 referred not to the number of waterboarding sessions but to the number of splashes of water on the face in each session. There were five waterboarding sessions. “During each application, which could last no more than 40 seconds and usually lasted much less, there could be several dozen splashes. To say KSM was waterboarded 183 times is the equivalent of walking out into a rainstorm and getting hit by 10,000 rain drops and saying that you were in 10,000 rainstorms.” [Marc Thiessen, “McCain Is Wrong: KSM Was Not Waterboarded 183 Times,” Enterprise Blog, American Enterprise Institute, May 16, 2011.]

  h In his memoir Donald Rumsfeld wrote that U.S. lawyers had advised the Bush administration in early 2002 that Common Article 3 did not apply to the conflict with Al Qaeda because it referred to detainees in conflicts “not of an international character”—in other words, civil wars. “Now, Common Article 3 was deemed by the Supreme Court to apply to that conflict, even though Al Qaeda is an organization, not a state, and was not a party to the Geneva Conventions, and even though the conflict is of an international character.” Rumsfeld said that although he disagreed with the Supreme Court, he did agree “that there should be a proper standard of care for all detained enemy combatants, even those technically not entitled to P.O.W. privileges.” [Rumsfeld, Known and Unknown (New York: Penguin Group USA, 2011), 593.]

  i Alberto Gonzalez, a legal aide to President Bush and subsequently attorney general, caused a furor when it was revealed that, in a memo to the president, he had called some of the provisions of Geneva “quaint.”He was referring to requirements that captured fighters be given “commissary privileges, scrip, athletic uniforms, and scientific instruments.”He later explained, “The old ways may not work here... I never meant to convey to the president that the basic values in the Geneva Convention were outdated.”The memorandum was at once rebutted by Secretary of State Colin Powell. But the British Parliament and government subsequently came to similar conclusions. [Robert Boorstin, Memorandum on the Geneva Conventions, American Progress, May 18, 2004, www.americanprogress.org/issues/kfiles/b79532.html.]

 

‹ Prev