Military Justice and the War

Interesting article. NPR tries to spin it against the Bush administration, but it seems to me that the controversy reflects more the politicization of and conflicting goals being pursued by today’s JAG corps. On the one hand the govt biases the Haditha trial in favor of the prosecution. On the other hand (the only side of the issue NPR notices) there are complaints about detainees in Guantanamo — men who could have been summarily executed without legal controversy when they were caught on the battlefield — who are being prosecuted based on confessions extracted by means that would be unacceptable under domestic law.

The controversy over Guantanamo confessions is really the smallest part of a much larger issue, which NPR ignores and whose resolution is not yet clear, about how we should treat hostile war detainees who don’t fit old legal categories such as POW or civilian internee. The anti-war Left pretends that the only question is whether Bush plays by the rules. But the more important question is how to modernize rules which don’t fit current reality and which make it harder for us to fight. The question of how to modernize these rules, if not resolved, will dog any coming Democratic administration as much as it does the current Republican one. Pretending that Bush is the problem only delays the inevitable reckoning.

It seems that the JAG community lags the rest of our military in addressing these issues.

Quote of the Day

IT COULD be argued that since Ahmadinejad’s central message failed to register on his Western audiences that his visit to America was a failure. The fact that no media organs felt it necessary to analyze what he was talking about could be seen as a clear sign that no one is interested in buying what he is selling. But this is a dangerous argument, for it misses a basic truth.
 
Ahmadinejad is not interested in convincing the US government or even the majority of Americans to convert to Islam. He is interested in convincing adherents of totalitarian Islam and potential converts to the cause that they are on the winning side. He is interested in demoralizing foes of totalitarian Islam within the Islamic world and so causing them to give up any thoughts of struggle. In this goal he is no different from any of his Sunni counterparts in Saudi Arabia, al-Qaida, the Muslim Brotherhood, Hamas or their sister organizations throughout the Islamic world and indeed throughout the West.
 
[. . .]
 
The thing of it is that aside from blind narcissism, there is a reason that the West ignores the dangers facing it. The Western media ignored Ahmadinejad’s message, just as it has insistently ignored the messages of bin Laden and Fatah throughout the years, because Westerners have a hard time believing that anyone would want to abide by the Islamic world view which denies mankind’s desire for freedom.
 
But no matter how ugly an ideology is, in the absence of real competition it gains adherents and power. The only way to ensure that jihadists’ demonic views are defeated is by stridently defending and upholding the fundamental principles on which the Free World is based. And the West hasn’t even begun to take up this challenge.
 
As a result, it has handed its enemies two victories already. It has demoralized its potential allies in the Islamic world, and it has failed to rally its own people to defend themselves.
 
In spite of what the West would like to believe, Ahmadinejad and his allies from Ramallah to Waziristan, from Gaza to Kandahar to Baghdad, are not negotiating. They are fighting. Rather than ignore them or seek to find nonexistent common ground, we must defeat them – first and foremost on the battleground of ideas.

Caroline Glick

The Myth of Retaliation

I wrote earlier about the fairly widespread erroneous belief that the Bush administration advocated the invasion/liberation of Iraq due to the mistaken belief that Saddam Hussein was somehow involved in the 9/11 attacks.

As a sociological phenomenon, this error fascinates me. The liberation and democratization of Iraq is the major political event of our times, yet we see that a significant minority of lay people and cognoscenti alike honestly do not understand the rather clearly stated rationales for attempting it. Why do so many people make such an important decision based on an erroneous premise and what does this say about the overall quality of our general political decision making?

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Who Attacked Us?

I find it revealing how we project our own prejudices on others, assuming that they think the way we do. From the Washington Post:

They attacked us,” he says as the screen turns to an image of the second hijacked airplane heading toward the smoking World Trade Center on Sept. 11, 2001. “And they will again. They won’t stop in Iraq.”

Every investigation has shown that Iraq did not, in fact, have anything to do with the Sept. 11 attacks.

Of course, the WP assumes that the solider used Iraqis as the unstated antecedent of “they” when, in context, a soldier fighting in Anbar almost certainly intended Al-Qaeda as the antecedent.

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9/11

What can I add to other people’s eloquent writings on this topic.

I was not surprised by the attack. I had been expecting WMD terrorism for years. I expect more of it. I am grateful that President Bush, instead of sending the FBI to Pakistan to take depositions, understood immediately that we were in a world war. IMO this was his defining act as president, from which everything else followed. If he had handled things differently then we might be in a much worse position now and for years to come.

What surprises me is how quickly so many Americans have decided to put the 9/11 attack, the war and concerns about WMD terrorism behind them. We are probably safer now than we were immediately before 9/11. But we will probably remain a target because technology that can be used to make WMD is probably only going to become more widely available.

Time will tell. In the meantime I want us to keep killing our enemies, to discourage attacks and to discourage other groups and countries from becoming our enemies.

I invite discussion in the comments.

UPDATE: David Foster has a related post here. See also here.