July 25, 2005  - Justice in Wartime

 

Military personnel accused of crimes should be granted the right to be tried by the military in the same manner in which they have always been subject to the laws in our nation and their branch of the military. If they are found guilty, then they should be subject to the appropriate penalty. I can honestly say that I do not know what the appropriate penalty for any particular fraction is in the military (any more than I do outside in the public), but I am sure that they are governed by law, military law. I think it’s called the Uniform Code of Conduct, but I’ll have to check on that. And, yes I am serious that it is a privilege to be subject to the laws of America and not those of many, if not most, other nations on Earth.

 

The point I am trying to make is that you cannot excuse criminal behavior, regardless of whether or not the person(s) accused are engaged in military conflict. Yes, I do understand that there will be special circumstances which can be called upon by the defense in support of the accused, and that is also appropriate. What we cannot abide as a nation is the general excuse of criminal behavior with the airy dismissal they are in a war. NO, not good enough! We act on a local and global stage as the nation, which all others should emulate. And, I think that is a good way for us to behavior. However, that means that we must be worthy of this emulation. We are America because of our actions on the small and large stage—from one person talking with another person to our President speaking as the leader of our nation to another nation. Doesn’t get any larger than that!

 

So, allow the law to take its course. Certainly watch for abuses which unfairly judge the accused, but do not stand in the way. We are not a nation that can afford to hold itself “above the law.” We must demonstrate that the rule of law we value, the democratically determined rule of law which we are trying to see spread throughout the world, works. We cannot say, “oh well, we’re at war and now the rules don’t count.” I can’t think of a single benefit which can come of that, and instead much harm. Yeah, it sucks to be held to a higher standard than most other people are held, but that’s life as a citizen of the United States of America.