Due Process and the War against Terror

Paper Summary:

This paper discusses the War on Terror and the number of issues that have been raised vis-a-vis how Americans should treat suspected terrorists. The paper provides an explanation of three different approaches to providing due process to these terrorists and suggests that a compromise approach should be followed. The paper describes each approach and describes the suggested compromise.

From the Paper:

"As suggested above, a careful regard for the procedural rights of suspected terrorists - their "Due Process" rights - is vital inasmuch as it sends a message to critics both within and without America that the world's great superpower is committed to doing the "right thing" and not merely the expedient thing. Needless to say, projecting this image goes a long way towards solidifying international support for U.S. military operations abroad and it also goes a very long way towards ensuring that other nations will be more cooperative in "rooting out" terrorist elements within their own states - both developments which will necessarily bolster U.S. security. But more than that, America is in a position where it can protect the procedural rights of terrorist operatives without bequeathing to those individuals the sorts of privileges and prerogatives normally available to an American citizen accused of a criminal offense in the United States."

Sample of Sources Used:

• Human Rights Web. "Convention against Genocide". A Summary of United Nations Agreements on Human Rights. N.d. HRweb.org. 13 Sept. 2006 <http://www.hrweb.org/legal/undocs.html#Geneva>
• International Committee of the Red Cross. "Geneva Conventions of 12 August, 1949". Geneva Conventions 1949. n.d. International Committee of the Red Cross (ICRC). 13 Sept. 2006 <http://www.icrc.org/ihl.nsf/0/D6B53F5B5D14F35AC1256402003F9920?OpenDocument>
• International Committee of the Red Cross. "Relations between Prisoners of War and the Authorities". International Humanitarian Law: Treaties and Documents. 2005. International Committee of the Red Cross (ICRC). 13 Sept. 2006 <http://www.icrc.org/ihl.nsf/4e473c7bc8854f2ec12563f60039c738/5cf3ffad4325ddb6c12563cd0051b359!OpenDocument>
• Lapkin, Ted. "Does Human Rights Law Apply to Terrorists?" The Middle East Quarterly. 2004. The Middle East Forum: Promoting American Interests. 13 Sept. 2006 <http://www.meforum.org/article/651>
• "Military Tribunals v. Federal Courts". Talkleft: The Politics of Crime. 16 Mar. 2003. Talkleft.com. 13 Sept. 2006 <http://www.talkleft.com/new_archives/002117.html>

More papers on Due Process and the War against Terror:

• Persuasive Essay # 129557 : "Due Process and the War against Terror"
• Analytical Essay # 146177 : "Due Process and the Law"
• Analytical Essay # 31964 : "Britain and the War Against Terrorism"

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