Nuremberg Prosecutor Says Guantanamo Trials Unfair

Filed under: Guantanamo Bay, History, World War II — Michael van der Galien, Editor-in-Chief on June 12, 2007 @ 3:30 pm CEST

The Associated Press reports:

The U.S. war crimes tribunals at Guantanamo have betrayed the principles of fairness that made the Nazi war crimes trials at Nuremberg a judicial landmark, one of the U.S. Nuremberg prosecutors said on Monday.

“I think Robert Jackson, who’s the architect of Nuremberg, would turn over in his grave if he knew what was going on at Guantanamo,” Nuremberg prosecutor Henry King Jr. told Reuters in a telephone interview.

“It violates the Nuremberg principles, what they’re doing, as well as the spirit of the Geneva Conventions of 1949.”

King, 88, served under Jackson, the
U.S. Supreme Court justice who was the chief prosecutor at the trials created by the Allied powers to try Nazi military and political leaders after World War Two in Nuremberg, Germany.

King, who interrogated Nuremberg defendant Albert Speer, was incredulous that the Guantanamo rules left open the possibility of using evidence obtained through coercion.

He added: “The concept of a fair trial is part of our tradition, our heritage. That’s what made Nuremberg so immortal — fairness, a presumption of innocence, adequate defense counsel, opportunities to see the documents that they’re being tried with.”

And: “To torture people and then you can bring evidence you obtained into court? Hearsay evidence is allowed? Some evidence is available to the prosecution and not to the defendants? This is a type of ‘justice’ that Jackson didn’t dream of.”

I am quite sure that Bush et al. will not change their minds, no matter who says what.

On the other hand, the more people speak out against it, the more the pressure will be on the courts and on the US government to do something about it. More and more people are publicly saying that Bush should treat terrorism suspects like all suspects (of other crimes) are treated. Hopefully it will, once, actually accomplish something.

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