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Habib: No travesty of justice : Comments
By Jeremy Rabkin, published 24/1/2005Jeremy Rabkin argues that the US had every right to hold Habib without trial
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INCORRECT – the Security Council Resolutions authorised nothing of the sort. The earlier SCRs were limited specifically to Kuwait (a country that was not even a member of the ‘Coalition of the Willing’!). Further, SCR 1441 does not allow the use of force to implement its contents but rather envisages further resolutions and discussions by the Security Council.
Koffi Anan himself has publicly declared that the action in Iraq was illegal. The action was in breach of the UN Charter which stipulates that countries shall refrain from the threat or use of force against other nations.
“Had Habib been captured in the uniform of an organised army, it would have been entirely reasonable to hold him for the past three years.”
Whatever... this whole fascination with uniforms is more than a little weird, and a entirely unsatisfactory argument for locking up suspects and throwing away the keys.
What is “entirely reasonable” about holding a suspect without charge in indefinite detention? What is “entirely reasonable” about denying a suspect access to legal representation? What is “entirely reasonable” about a fundamental breach of human rights? Nothing at all. It brings us all down to the level of common thug, and discredits the case for persecuting genuine criminals.
“But no one should be indignant that US authorities did not want to give him the benefit of the doubt. In an era when terror attacks can kill thousands in a few hours, it's not unreasonable to give higher priority to protecting potential terror victims - who are certainly innocent - than individuals captured in such suspicious circumstances as Habib.”
Well guess what? Plenty of us are very indignant that the US authorities did disregard the rule of law and breach of that that basic precept of innocent until proven guilty. True, in a few hours thousands can be killed by indiscriminate terrrorist attacks. In a few hours the civil liberties of tens of millions can also be killed by the beligerant, undemocratic decisions of Western leaders.