CentralCaliBike said:That is the reason you do not have the judicial system involved in trying war criminals - and why we do not appoint attorneys and have a trial when holding prisoners of war.
I mentioned earlier we have the best legal system, however, it is designed to handle criminals with the borders for individualized, and occasionally small group, crimes.
So are you saying trying war criminals - in violation of for example the Geneva Convention - has nothing to do with the judicial system, the rule of law or basic rights that are accorded to the suspects?
Anyway, if the US were serious about 'war crimes', they would have joined and ratified the Rome Statute establishing the ICC.
About Fair Trial provisions
The Court observes that the protection of the International Covenant
of Civil and Political Rights does not cease in times of war, except
by operation of Article 4 of the Covenant whereby certain provisions
may be derogated from in a time of national emergency.
The ICJ decision on the 'Legality of the construction by Israel of a wall in the Occupied Palestinian Territory' as well as the 'legality of the use of Nuclear weapons' (quote above) stressed that human rights apply in peace time as well as during the course of wars and occupations.
Given that fair trial provisions are at the heart of humanitarian international law as well as human rights law, it is in effect a minimum guarantee from which a state cannot derogate, not even in times of emergencies. Add to that that the USA has consistently shown to value fair trial provisions (see even Hamdan v Rumsfeld), it can certainly not just deviate (legally) from what itself believed to be acceptable conduct or customary law.
In a way, there is nothing special about this case. He will be tried like any other criminal, and if errors have been made throughout the investigation, his detention or prosecution, then that could potentially have an adverse effect on the desired outcome. But that's the law.
The administration should have done a better job handling the 'case of the century' then how they handled it.