In the continued illegal US detentions at Guantanamo bay, we see an administration that
continues to flout international law, human rights and its alleged
commitment to truth and justice for the sake of some fuzzy expedient
predicated on the spurious grounds that an administration can declare
war on a concept. This is clearly a serious departure from any moral
underpinnings one might perceive.
When I make statements like these, someone often replies:
I’m relieved that those who are
sworn to kill us and other innocent people are being held somewhere.
But their desire and efforts to kill us probably has something to
do with it.
The fallacy of this argument is in the assumption
that these people are guilty.
It is uncontentious that evil people be locked away, where they can
do no harm. Few people would have much difficulty with such an opinion
(and indeed, I do not).
But the false belief here that brings the argument for continued
detention crashing down is that someone can be validly considered evil
and a menace to one and all, simply because some politician dictates
that it is so.
No one in Guantanamo bay can now ever be successfully and fairly
prosecuted for a crime - the illegal detention has seen to that, so
legal doctrine tells us they are all innocent.
But more than that, the vast majority really are innocent. If there
were evidence of a crime then they would surely have been prosecuted by
now. Some are simply victims of mistaken identity, and others were in
the wrong place at the wrong time. But one way or another, they are
innocent, and so the case for locking them up comes tumbling down.
Another argument:
In WWII both sides took prisoners, with America and
it’s allies keeping most of theirs alive.
As, indeed, did the Germans.
The intention
being that removing combatants from the battlefield
would hasten the end of the conflict.
But the “war on terrorism” is not war. I believe in the war on want.
Shall I kidnap everyone who runs a business, has a share portfolio,
owns a house or runs a car with an engine larger that 1 litre, and lock
them all away in…ooh, shall we say… Merthyr Tydfil, until such a
time as we have won the war?
Terrorists are criminals. If we capture a terrorist we should prosecute
them according to our established legal systems and doctrines. If we
cannot prosecute them, because we have no actual evidence that they
really are terrorists, then they are free to go.
That is what it means to live in a free(ish) society.
Christians like to ask, what would Jesus do? Would he lock people away in Guantanamo
bay, leave them to rot, with no legal representation, nor contact with
their families, allowing them to be tortured and abused?
Is that what Christ said we should do with our enemies?