The proposal to bring Khalid Sheikh Mohammed to New York City for trial created considerable controversy. While some of it was manufactured for political purposes, there are significant issues here.
First, there is the practical issue: bringing Khalid Sheikh Mohammed to the city for trial will cost millions of dollars. Interestingly, some folks have expressed a willingness to hold the trial in their town so as to bring that money into their community. In any case, holding the trial on a military facility would presumably be cheaper-the security is presumably already in place.
Second, there is the concern that NYC will be targeted again if the trial is held there. Of course, this concern applies to anyplace the trial is located and, of course, NYC is presumably already a prime target for terrorists (that is, after all, where the 9/11 attacks took place). Also, to use some Bush era talk: if we do not hold the trial in NYC because we are afraid, then the terrorist win by turning us into cowards in the face of their threats.
Third, there is the moral and political statement of holding a civilian trial. It shows that we are committed to the rule of law, justice and due process. In contrast, our terrorist foes are outside of the limits of civilization, law and justice. In a very important sense, our battle against the various terrorist groups is a struggle between our values and their values. You do not win a moral battle over values by abandoning those values-anymore than you defend a city by abandoning that city to the enemy.
Fourth, holding a civilian trial casts the terrorist as a criminal and not a combatant. In a sense, a combatant is a fighter in a war and treating him as such would seem to grant him a certain status. Treating him as the criminal he is makes a statement about the nature of terrorism and terrorists: they are not enemy combatantsmurder of the innocent. fighting a war. They are mere criminals engaged in the
Fifth, it has been contended that trying a terrorist rather than just executing them entourages terrorists by showing that we are weak. In reply, the same argument could apply to any criminal and thus would justify getting rid of the notion of holding trials at all. This seems rather absurd, so the argument should be rejected. As another reply, it is the terrorists who are weak. After all, if we can hold such trials, this shows that we are so strong that we can offer justice even to our worst enemies. Executing people without trials and without justice is the way of the terrorist, not the way of the just.
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