Canada Should Oppose U.S. Military Tribunals and Support International Justice The World Federalists of Canada (WFC) strongly believes that a fair and impartial legal process to ensure accountability for international crimes is an integral part of any sustainable effort to deal with international terrorism. WFC urges that the government of Canada, in concert with other governments of the antiterrorism alliance, join the growing chorus of opposition to the U.S. Presidential Order of November 13 authorizing military tribunals to try suspected terrorists. The Presidential Order would allow a parallel and secretive criminal justice system that would provide fewer protections from abuse of process than civilian or even ordinary military courts. It has been criticized on a number of grounds, including its bypassing of the normal principles of law and rules of evidence applied in the trials of people charged with criminal offences in civilian courts. Furthermore, it provides no right of appeal to a higher court, nor access to redress for any human rights violations that may occur during arrest, detention or prosecution, other than to the U.S. President who authorized the military tribunal in the first place. The Canadian government should work with its allies and the United Nations to ensure that justice is not only done, but also seen to be done. In practice, trial in national civilian courts of suspected terrorists apprehended abroad might prove difficult or not feasible, due to uncertain prospects for ensuring a fair trial or to complications related to extradition procedures. An international criminal tribunal (ICT) is the preferable option. Whereas trials in national courts may be viewed with suspicion, it would be easier to secure the cooperation of governments in detaining and transferring suspected terrorists to a UN-mandated judicial body. An ICT would also help bring the anti-terrorism campaign back more fully within a multilateral legal framework. The Nuremberg trials, the Lockerbie case and the International Criminal Tribunals for the former Yugoslavia and Rwanda demonstrate the capacity of the international community to tailor international justice institutions to special circumstances. An ICT may be created by separate resolution of the UN Security Council, or as part of broader initiatives to establish a post-Taliban transitional administration in Afghanistan. A criminal tribunal would offer the world a vital additional tool for bringing the culprits of the September 11 crimes to justice and for deterring new acts of terror. Projecting fairness and establishing confidence in the rule of law is more than just the right thing; it is good policy. Canada should urge its allies to resist compromising values of decency and due process. In the long run, these values may be our most formidable weapons in this global war. Finally, the need for the international community to cobble together at the eleventh hour a legitimate judicial body to try perpetrators of September 11 crimes demonstrates once again the importance of creating a permanent International Criminal Court (ICC). Although the Rome Statute for an International Criminal Court is not yet in force, and its jurisdiction will not be retroactive, Canada should make use of the opportunity that exists at this time to encourage the U.S. to support the ICC. FOR MORE INFORMATION: The World Federalists of Canada (WFC) is a national citizens organization advocating more effective and democratically accountable structures of global governance and law. Since 1996 WFC has served as coordinating agency for the Canadian Network for an International Criminal Court. To date, 139 states have signed and 47 have ratified the Rome Statute for an ICC. Sixty ratifications are required to bring the ICC treaty into force. See also: WFC and the ICC |
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