Military tribunals: Deliverers of justice or thieves of liberty?

By Laura Sass

America is fighting the war on terrorism. It began in Afghanistan, where the Taliban has all but fallen and the hunt for bin Laden continues. It has extended to other countries thought to be harboring terrorists or furthering the terrorism cause. It is now being fought in our own country. Everybody realizes the necessity of strengthening our country’s defenses. But how much are we willing to sacrifice in order to be safe?

An anti-terrorism bill has recently been passed by Congress, but President George W. Bush has taken it a step further. He has signed an executive order allowing for the creation of military tribunals for the trying of terrorists. They are seen by some as a necessary step in the war against terrorism. They may be very helpful in weeding out terrorists and those who assist them; however, these courts do deny basic civil liberties.

The anti-terrorism bill allows for secret detentions. This means that large numbers of people that are suspected terrorists, either by deed or simply by fitting a physical profile, can be detained. They are given no reason for being detained, and there is no limit to the amount of time that they can be held, other then it being “reasonable.”

At this time, there are about 1,000 people being held. They may be subjected to military tribunals. The tribunals are like other courts, except that the trials are closed to the public; defendants do not have the right to review the evidence against them; and they can be sentenced to death by two-thirds of the vote, in comparison to the vote having to be unanimous in other trials. Most importantly, the defendants do not have the right to appeal the ruling.

Using these kinds of courts may be to the advantage of both the accused and Americans. There will be almost no chance that a suspect will be let off on a technicality, whereas it is a possibility in a regular trial. Also, the accused might actually receive a fairer trial then they would under a regular jury.

Is there any American who would not choose to give the death penalty to one of the terrorists that killed so many people on Sept. 11?

Even those vehemently opposed to the death penalty in principle might hesitate on this one. The trial will also be much quicker. In addition, since the courts are closed, any confidential information that could potentially weaken America will be kept secret. It could avert another attack.

This may sound good, but there is a downside. As of now, this type of trial only applies to non-citizens of America, but it could easily be extended to citizens. What if, during the closed trials, it is revealed that an American citizen was involved as well? Is it really likely that a citizen will be allowed an open trial when all of the same dangers exist? I highly doubt it.

If these military tribunals are allowed, they will set a dangerous precedent. Even if the present government does not abuse this great power given to them, another may seize the opportunity.

Other foreign governments are uncomfortable with this form of government as well. Spain, which had captured suspected terrorists, refused to turn them over to the military tribunals. Many other countries have expressed dissatisfaction with this system as well.

We all have a choice. What is more important: American security or American freedom? What is the point of being safe if we are not free? But what is the point of being free and in a state of constant fear? It is almost impossible to choose, but we must.

In this time of great patriotism, it is painful to express an opinion disagreeing with the government that is trying to protect us. The people who committed the heinous Sept. 11 attacks should be found and punished without mercy.

It is not really the human rights of those who may be terrorists that concern me. It is what may happen to America and its citizens that scares me. These military tribunals are very dangerous. Through them, we may lose the support of allies that we need in this time of war. We want American citizens to be treated fairly in other countries, so we must strive to treat them fairly in America. The world watches America, and the world follows America.

The government must not be allowed to take away rights, for where will it draw the line? I realize that these are extreme circumstances, but anything that threatens American liberties threatens the American way of life.

Isn’t that what we are fighting for? Isn’t that why troops are, at this very moment, fighting in Afghanistan? It is so hard to separate what is right from what we all want—justice. It is so tempting to just assume that these courts will simply punish terrorists and then disappear. It is possible that this is what will happen, but we simply cannot take that chance. We must preserve the American way of life. Otherwise, the terrorists have, in some ways, succeeded.