The Nuremberg Military Tribunal, where my father was chief British prosecutor, had flaws but it remains the gold standard for dispensing justice to men who waged evil war. Obama has, rightly, praised it. But he should also praise America for the fact that the al-Qaeda men in Guantánamo will have far more rights than the Nazis in Nuremberg. In the Guantánamo military court, the accused will be presumed innocent, his guilt will have to be proved beyond reasonable doubt, he will be represented by independent counsel, civilian and military, he will be protected from double jeopardy, he must see any exculpatory evidence, and he will have the right of appeal all the way through the US federal court system to the Supreme Court.
The delays have been deeply damaging but, at last, almost ten years after the crime, justice will be given to the victims. The US Government should now make sure that the Khaled Sheikh Mohammed trial is visibly well run, with the accused well prosecuted, well defended and well judged by first-rate civilian and military lawyers in full of view of the press. I am confident that will happen. The US should be proud of its system.
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