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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review March 1, 2012 / 7 Adar, 5772

(War) Crimes and Punishment

By Clifford D. May






What constitutes due process for terrorists?


http://www.JewishWorldReview.com | To the justice of the firing squad!”

That was the toast proposed by Stalin to Roosevelt and Churchill over dinner in 1943 in Tehran. They were meeting for the first time, and the discussion had turned to the fate of Nazi leaders following Germany’s defeat. Stalin wanted no fewer than 50,000 of them executed. Churchill, much as he despised Nazis, considered mass summary executions dishonorable. Roosevelt, “in an apparent attempt to lighten the conversation, suggested perhaps 49,000 would be adequate.”

William Shawcross recounts this exchange early in his new book, Justice and the Enemy: Nuremberg, 9/11, and the Trial of Khalid Sheikh Mohammed. A distinguished journalist (a phrase I do not employ promiscuously), Shawcross brings a strong dose of common sense to the fevered debate over what constitutes due process and proper treatment for those now waging an unconventional war against the West. He also brings a unique pedigree: His father, Hartley Shawcross, was Britain’s lead prosecutor at the military tribunal that became known as the Nuremberg Trials.

In hindsight, it’s easy to imagine that Nuremberg was the inevitable culmination of World War II. But as Hartley Shawcross understood and William Shawcross makes clear, “there was absolutely no precedent.” George Orwell was among those who believed it was a bad idea. He predicted such “cruel pageantry of the law” would focus “a romantic light on the accused.”

Chief prosecutor (and U.S. Supreme Court justice) Robert Jackson saw things differently: “We must make it clear to the Germans that the wrong for which their fallen leaders are on trial is not that they lost the War, but that they started it.” Nazis would be charged also with “crimes against humanity,” a completely new legal concept that “encompassed the persecution of racial and religious groups.”

What has all this to do with 9/11 and Khalid Sheikh Mohammed, one of the terrorists currently incarcerated at Guantanamo? Shawcross explains:

At Nuremberg, our civilization designed a vehicle to anathematize men imbued with evil. But evil re-invents itself in every age. In the 1940s, the world confronted and, with immense sacrifice, defeated the horror of fascism. The scale and the nature of the threats are different today but the ideology of Al Qaeda and its Islamist associates shares attributes with Nazism; it, too, is totalitarian, and it, too, has anti-Semitism at its core. In the case of Al Qaeda that intransigent hatred is extended to all “infidels.” Just as Hitler planned a “thousand year Reich,” so the Islamists call for a global caliphate in which they and their laws prevail absolutely and endlessly.



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There is this difference between then and now: At Nuremberg we were dealing with an enemy that had been defeated and an ideology that had been discredited. Today, by contrast, our enemies continue to fight, and Islamic supremacism is far from vanquished. Islamists of various stripes are well funded — the West’s addiction to oil guarantees that — and prominent in international organizations. What’s more, Iran’s theocrats — for years the world’s main sponsors of terrorism — may soon possess nuclear weapons. The West’s response has been inconsistent and confused.

Among the events Shawcross explores: In 1949, three years after the judgment at Nuremberg, the Geneva Conventions were “renegotiated and redefined.” The intent was to protect not only uniformed soldiers but also civilians by making clear that honorable combatants are prohibited from disguising themselves as civilians or using civilians as shields.

In 1977, however, “acceding to pressure from the Soviet bloc and such organizations as the Palestine Liberation Organization (P.L.O.), the United Nations added two new Protocols to the Geneva Conventions,” one of which, Protocol 1, provides protections to terrorists — despite the fact that they routinely violate the most fundamental laws of war. Shawcross outlines what happened next:

The Carter administration signed the Protocol 1 treaty, but held off on ratification so it did not become part of U.S. law. Ten years later President Reagan announced that the United States would not ratify the Protocol; he declared that to give terrorists Geneva Convention protections would aid “the intense efforts of terrorist organizations and their supporters to promote the legitimacy of their aims and practices.”

Most members of the United Nations, including most of America’s European allies, did not find that logic compelling. They ratified Protocol 1. Since then, the activists, lawyers, academics, and journalists that John Fonte calls “transnational progressives” have insisted that Protocol 1 has become “customary” international law and that it is therefore binding on the United States — without Senate ratification, and whether Americans like it or not. 

It is on this basis that we keep hearing in the media that America is violating the Geneva Conventions by maintaining the detention facility at Guantanamo, by not awarding prisoner-of-war status to captured unlawful combatants, and by not giving such unlawful combatants civilian trials. Yet as Shawcross shows, those detained at Guantanamo enjoy rights and protections never dreamed of by the defendants at Nuremberg.

Transnational progressives have also judged the Bush administration criminal for having used “enhanced interrogation techniques” — which they denounce as illegal “torture” — to pressure Khalid Sheikh Mohammed and a few other top al-Qaeda commanders to reveal what they knew of ongoing terrorist plots and operations. (A total of about 30 unlawful combatants were subjected to coercive tactics; exactly three were waterboarded — none at Guantanamo.) By contrast, criticism of President Obama — for ordering the killing of Osama bin Laden and using drones against terrorists in Pakistan and Yemen — has been muted. 

In the 1940s, Shawcross writes, the United States and Europe had “the will and the ability to sustain their defense of freedom.” To meet the Islamist challenge of the 21st century, the Western democracies again “must be self-confident and strong enough to defend themselves against the forces of tyranny.” The evidence that America and Europe have such strength and self-confidence is not overwhelming.

Europe in particular, Shawcross fears, “risks repeating the fatal weaknesses of the 1920s and 1930s. If American power is withdrawn, the world will finally realize how much they owe to the most benign hegemony ever created.” By then, of course, it may be too late for such awareness to make a difference.


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Clifford D. May is president of the Foundation for the Defense of Democracies, a policy institute focusing on terrorism. A veteran news reporter, foreign correspondent and editor (at The New York Times and other publications), he has covered stories in more than two dozen countries, including Iran, Pakistan, Sudan, Ethiopia, China, Uzbekistan, Northern Ireland and Russia. He is a frequent guest on national and international television and radio news programs, providing analysis and participating in debates on national security issues.




Previously:


02/24/12: Al-Qaeda's Big Fat Iranian Wedding
02/16/12: Listening to the Syrian Resistance
02/09/12: Are Sanctions Working? If the purpose is to penalize Iran's rulers for their crimes and discourage civilized people from buying blood oil, yes
01/26/12: If Pakistan fails it, there must be consequences
01/19/12: How terrorists lose their stigma
01/12/12: Muslims Attacked! But they are the wrong types of Muslims, so who cares?
01/06/12: The Historian, the Diplomat, and the Spy
12/29/11: Iran and Al-Qaeda: Together again for the first time
12/22/11: The Case for Palestinian Nationalism
12/15/11: What's Islam Got to Do with It?
12/09/11: Buried Treasure
11/24/11: What Would the Gipper Do?
11/17/11: Appease, temporize, posture and gesture?
11/11/11: Brave New Transnational Progressive World
11/03/11: What's Wrong with Economic Justice?
10/27/11: Autocracies United
10/20/11: The most critical threat confronting America
10/13/11: We've Been Warned
10/06/11: Anwar Al-Awlaki's American Journey
09/22/11: Cheney Got It Right on Syrian Nukes
09/15/11: The European Caliphate
09/08/11: Disoriented: The state of too many Western leaders ten years after 9/11/01
09/01/11: Palestinian Leaders to Seek the UN's Blessing . . . for a two-state solution. For a two-stage execution
08/25/11: Better understanding of Islamist experience needed
08/18/11: The Arab Spring and Europe's fall
08/11/11: Borrowing from Communists to pay Jihadis?
07/28/11: Who's to Blame for Terrorism?
07/28/11: Do Somali pirates have legitimate gripe?
07/21/11: Why Bashar al-Assad matters to the West--- and what the Obama administration still doesn't grasp
07/07/11: MAD in the 21st Century





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