Power And Dollar

Is Obama To Re-Start The Nuremberg Trials Next?

Is Obama ready to re-start the Nuremberg Trials?  Or forget Dufar trail in ICC?  His decision of not prosecuting CIA officers employs the “I am only following orders” argument which is the exact defense employed during the Nuremberg Trials.  Obama’s goal is to protect the civil servants, i.e. to preserve their loyalty to his administration, future Democratic presidents, future presidents in general.  Obama transferred a legal issue (defending the officers in court) to a political issue and may in fact undermine these officers’ defense.

During the Nuremberg Trials, war crime defendants like Wilhelm Keitel  used this “following an order” line.  However, Allies pre-empted those arguments by Nuremberg Charter, created before the Nuremberg Trials. 

Obama’s interests are to assure the civil servants to work for him.  Therefore, Obama is spending his political capital to shield the legal liability of those officers.  Employing the “following an order” line now gives legitimacy of the war crimes, thus weakening the authority of Nuremberg Trials.  Is Obama increasing the doubt from the Jewish voters? 

Obama is eroding his extreme left base.  Will Obama gain any votes from the defense hawk voters in 2012 as a result of this?  If not, he is making an electoral loss out of this.

Obama is also weakening the International Criminal Court since ICC mainly prosecutes war crimes.  A legal event is now not only an electoral factor, but also a political risk premium to the international community, which Obama claimed during campaign to want to. 

Obama could have chosen to use state resources to defend them in United States courts.  Does Obama consider the defense to have a poor chance?  By not prosecuting, Obama cedes the initiative to choose the court of battle.  The federal government can still provide defense wherever the trail will take place since the officers’ conduct were by the state.  Any country can choose to prosecute them in any court, whose legal proceedings will be unfamiliar to the defendants.  Would arguing the case in an American court provide better legal defense than in a foreign court for these officers? 

Obama probably does not gain any vote from defense hawk voters, alienate his left base, make Jewish voters more doubtful, breaks his promise to mend the international community’s trust toward the States, weakens ICC and future trials (say Sudan’s Dufar trial), weakens the defense of the officers by provoking the case to be argued in a foreign rather than a domestic court.  All for buying 4 (or eight) years of honest work for Obama?


April 20, 2009 - Posted by | activism, advocacy, Barack Obama, 美國, Democrats, obama, opinion, politics, Republican, wordpress-political-blogs

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