In defiance of President Obama’s executive order, Abd el Rahim al Nashiri is still being tried under a military tribunal. Key quote from Carol Rosenberg’s article:
In his ruling, the judge, Army Col. James Pohl, said a delay in Nashiri's arraignment would deny the public's interest in a speedy trial. He also said nothing that took place at the arraignment would prevent the Obama administration from deciding to deal with Nashiri in a forum other than the military commission now set to hear his case.
I suspect the judge’s decision is wrong on the law. That said, I’m sure the President can find a way to legally contest this decision so I’m not especially bothered by the judge’s action. More obnoxious are comments by the former commander of the Cole. Matt Yglesias retorts retired Cmdr. Kurt Lippold’s idea that we should ignore human rights and legal advocacy groups:
I am one who believes that international relations should be largely understood through the lens of interests. But there’s still such a thing as right and wrong. And we should, in fact, make adequate respect for the law and for human rights an important priority when making our policy decisions. Over the long run, Americans will much prefer to live in a world governed by law and human rights than one of chaos and brutality. And other countries will be better-disposed to our national power and leading global role insofar as they see us upholding humane values and basic decency.
It’s also worth noting that the USS Cole was a military ship, and thus a legitimate target. It was a suicide bombing, via boat, but the problem with such bombings isn’t the suicide. The problem with most suicide bombings is that they hit civilian targets. Yes, Kamikaze tactics are disturbing. But to throw out a cultural example I don’t recall too many people complaining about the end of Independence Day for that reason.
That said killing 17 sailors is still an act of war and can be fairly treated as such. Replying with military means is certainly legit. Alternately, since it was done by a non-state actor, you could treat it as a criminal act. Either way it’s just bizarre that the one guy still facing military tribunals designed (badly) for terrorists isn’t even accused of targeting civilians.
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