The question tears at all of us, regardless of party or ideology: How could American men and women treat Iraqi prisoners with such cruelty — and laugh at their humiliation? We are told that there was a failure of military leadership. Officers in the field were lax. Pentagon officials didn't care. So the worst in human nature was allowed to flourish.
But something much more profound underlies this terrible episode. It is a culture of low regard for the law, of respecting the law only when it is convenient.
Again and again, over these last years, President Bush has made clear his view that law must bend to what he regards as necessity. National security as he defines it trumps our commitments to international law. The Constitution must yield to novel infringements on American freedom.
One clear example is the treatment of the prisoners at Guantánamo Bay, Cuba. The Third Geneva Convention requires that any dispute about a prisoner's status be decided by a "competent tribunal." American forces provided many such tribunals for prisoners taken in the Persian Gulf war in 1991. But Mr. Bush has refused to comply with the Geneva Convention. He decided that all the Guantánamo prisoners were "unlawful combatants" — that is, not regular soldiers but spies, terrorists or the like.
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Instead of a country committed to law, the United States is now seen as a country that proclaims high legal ideals and then says that they should apply to all others but not to itself. That view has been worsened by the Bush administration's determination that Americans not be subject to the new International Criminal Court, which is supposed to punish genocide and war crimes.
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There was a stunning moment in President Bush's 2003 State of the Union address when he said that more than 3,000 suspected terrorists "have been arrested in many countries. And many others have met a different fate. Let's put it this way: They are no longer a problem for the United States."
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http://www.nytimes.com/2004/05/07/opinion/07LEWI.html?ex=1084507200&en=314e9f1ecfb57f33&ei=5062&partner=GOOGLE