JAG CENTRAL

...that's the only way I can explain how I missed this article, Military Commissions, Then and Now, in Thursday's Wall Street Journal. It provides a terrific historical parallel between the commissions trying Japanese war criminals and today's military commissions:


Japanese Lt. Kei Yuri on Trial in 1946 (WSJ.com)

At U.S. military commissions convened at Yokohama, Japan, in the late 1940s, U.S. Army officers carefully reviewed the level of due process the enemy had afforded American prisoners, and harshly punished them for falling short of what the U.S. decided was required.

That history may now come back to haunt the Bush administration, as advocates for prisoners held at Guantanamo Bay, Cuba, argue that, like Japan in World War II, the U.S. today is punishing prisoners without affording them sufficient due process.

UPDATE: Phil Carter at Intel Dump writes this lengthy post about this series of WSJ articles:

I suppose there is a final irony in all of this, which I alluded two in last week's Slate column on lawfare. As a nation, we have now committed ourselves to the spread of freedom and democracy throughout the world. Establishing the rule of law, and building democratic institutions, come part and parcel with this charter to spread freedom. We cannot embrace such things on the one hand, as we are in Iraq, while flouting the rule of law on the other, as we are in Gitmo. The world sees our inconsistency, and criticizes our policies as a naked, unprincipled grab for power. It's not enough to talk the freedom talk; you must also walk the freedom walk. And that means adhering to the rule of law in all contexts, such as treating captured enemy fighters according to established U.S. and international law. There is no evidence that giving these men a proper trial would somehow hurt national security; all the evidence suggests our political and moral standing would be enhanced if we treated these men according to the law. So why haven't we done so?