June 30, 2006

David Hicks and Illegal Commission

Posted in criminal law, international law, politics, terrorism, war crimes at 12:29 am by thelawthoughts

I am going to put this post up before I go so that it will stay on top for the 5 weeks I am gone. Warning, this is a rant.

The world woke today to the news that the US Military Commissions the American governments was going to use to try ‘illegal combatants’ are illegal. Thank goodness.

I wasn’t even going to blog this, because the coverage is so much more insightful and useful elsewhere (see Opinio Juris and SCOTUS Blog eg), but what really pisses me off is our government’s reaction.

David Hicks MUST BE TRIED NO MATTER WHAT. He has been held without trial for four years now. When are they going to GET ON WITH IT? The treatment of David Hicks by the US Government and our own government’s pathetic response quite astounds me. They should be demanding a trial now, or else a return of David Hicks to Australia so he can be tried by us. Or send him to the ICC or SOMETHING, but GET ON WITH IT. If he is guilty, so be it, lock him up. If not, he should be on the first plane home, a free man.

Yes, we go nuts trying to get prisoner exchange agreements for poor Schapelle Corby and the Bali Nine, but we won’t go into bat for a bloke who has been taken out of the jurisdiction in which he was found, placed in detention in conditions likened to a Soviet gulag, and left by our government to rot, despite the fact that other allies have demanded their nationals be returned to their jurisdiction. Saudis and Yemenis have been allowed home, but not Australians.

Why? Our government is more worried about posturing and pandering than the rule of law. And when governments ditch the rule of law, mark my words, bad things happen. Like torture, like people being held incommunicado, like interrogation without the presence of lawyers.

Short of the genocide, kind of sounds like Iraq under Saddam Hussein, really.

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