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The right to a fair trial should not depend on whether it is practical.
by chopin 7y ago
The right to a fair trial should not depend on whether it is practical.
- Alupis 7y agoThe thought was - without the individual at the trial with their own legal counsel - is it a fair trail anyway? If it's a military tribunal that rubber-stamps everything - does that improve the process any? Perhaps it would have been better in the specific case to first revoke the person's citizenship?
- chopin 7y agoMy thought was: Either the person is present and represented or there be no trial. This must not depend on whether presence is hard to achieve. Revoking citizenship or at least leaving persons stateless is not allowed under UN-Charta afaik. Even then, would you blatantly kill (or better, murder) people? That's not rule of law, but rule of jungle. And as uncivilized as it gets.
- Alupis 7y agoSpecifically, the known cases of this are people which have taken up arms against the nation, and joined a known terrorist organization. Potentially, even killing citizens of their former country. I don't see a way to capture and try such an individual without having more citizens put in harm's way, or killed too. If the individual is in a training camp that is targeted and happens to be killed as well - I personally don't think anything of it. But that is starkly different than assassinating some individual in their apartment or hotel, or whatever. To me, one is warfare, and the other is murder - I do make that distinction. Perhaps we must agree to disagree.