Even the worst of the Nazis got a trial, even though the trial was a sham. The indictments were created ex post facto and were not based on any nation’s law. Even US Supreme Court Chief Justice Harlan Fiske Stone called the Nuremberg trials a fraud. But I digress.
The top Nazis could get a trial despite plunging Europe into its most destructive war and caused the deaths of tens of millions of people. Yet the detainees in Guantanamo Bay are somehow undeserving of a trial because they’re too barbaric, or happened to be kidnapped and sold to the Americans for a cash reward. Forgive me if I think the Nazis were a bit more dangerous and barbaric than some religious fanatics upset that a foreign military started shooting up their country.
Supporters of detaining alleged terrorists without trial posit that we did the same things with captured Germans and Japanese during World War II. The problem with trying to classify captured terrorists as prisoners of war is that we are not at war. Terrorism is still considered a federal crime, and sending the military to fight the crime of terrorism doesn’t make us any more at war than sending the military to fight drug cartels makes us at war. The government doesn’t consider arrested drug dealers to be POWs, nor does declaring a “War on Drugs ” strip accused drug dealers of their right to a fair trial.
