President Obama and others have declared that the country must move forward, and argued that investigating the misdeeds of the previous Administration would distract us from the many challenges confronting us.
I agree with the declaration: yes, we must move forward.
BUT - moving forward requires us to confront our present and our past.
The International Military Tribunals held in Nuremberg and Tokyo following WWII can be criticized as nothing more than retribution: vengeance exacted by victors against vanquished.
IF this criticism is to be deflected, we must demonstrate by our actions that the legal principles embodied in these trials apply universally - not just to nations we have vanquished. Specifically, we must demonstrate by our actions that they apply to US!
To allow those in our government who authorized torture to escape the consequences of their actions is to announce to the world (and to ourselves): "No, we DON'T care about human rights or crimes against humanity... Those were just clever slogans to help us feel good about ourselves!"
If we fail to prosecute the offenders, we announce to the world: "Yes, we readily accept that there are exigencies in which crimes against humanity can be excused - to protect the State; and 'I was just following orders' is a perfectly legitimate legal defense!"
Looking to the future - as President Obama prescribes: If in the future we find ourselves participating in "war crimes" trials against representatives of a foreign country, just exactly how will we in good conscience justify our participation IF WE FAIL TO PROSECUTE OUR OWN TODAY?
Yes - we must look to the future. Yes, we face any number of daunting challenges.
BUT - to move forward as a nation of laws demands that one of the challenges we accept is bringing to justice the men who ordered torture IN OUR NAME!
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