In the Wall Street Journal today, David B. Rivkin and Lee A. Casey write:
Since routinely prosecuting captured terrorists in the civilian courts is unrealistic, some sort of military court system for the detainees must be retained, regardless of whether they are called military commissions or special courts martial. This reinvigorated military court system must be directed to begin prosecuting those captured enemy fighters that have committed war crimes against American troops or civilians. The fact that none of the individuals now held in U.S. custody in Iraq or Afghanistan has been brought to justice, even in situations where there is sufficient evidence to prosecute them, is historically unprecedented and a slap in the face of the U.S. troops fighting this war. Giving de facto immunity to war criminals is also inconsistent with international legal norms. Republicans like Sen. John McCain (R., Ariz.) and Sen. Lindsey Graham (R., S.C.), who have criticized some Bush policies, must make their voices heard here.
This system of detention and military trials must also apply here at home… READ THE REST