April 19, 2003 - America is a nation of epigrams, simplistic phrases that we use to explain the complex ideas by which we organize our society and our government. Some of them have their roots in sports. Baseball gave us, “Nice guys finish last” and, “It Ain’t over ‘til its over”. Political speeches gave us, “Government of the People, by the People, and for the People”, and “Ask not what your country can do for you”. One of the most important, “The rule of law and not of men”, has origins lost in the mists of antiquity but it has been found in the “Book of Lord Shang” written by Gongsan Yang in the 4th Century B.C.E.

We claim to be a nation dedicated to the Rule of Law, Not Men. The epigram is engraved on the entrance to the Harvard Law School and has been adopted by our FBI Academy. The idea it embraces encompasses the foundation of our system of Constitutional system of government. We claim to govern our behavior as a nation and a society with laws to which we commonly consent and not by the whims of those individuals who occupy positions of political power.

The President, the Secretary of Defense and General Franks have declared 55 Iraqis to be wanted dead or alive. Central Command has issued a deck of cards copies of which are being marketed widely on the internet. 4 of those cards have been played so far and dealer has a pair of 5s showing. It is a disturbing though unintended reference to high stakes poker. The question becomes what are we going to do with these people when the whole pack is dealt? What ever we do will it be within the core value of our own society, the Rule of Law?

Are these 55 criminals because George Bush, Don Rumsfeld and Tommy Franks say that they are or because we can demonstrate that they have transgressed the law of civilized nations? In an analogous situation in 1945 we knew what to do and how to do it. We and our allies chartered and convened an international tribunal; the transgressors were indicted, tried and sentenced. Yale University’s Avalon Project has made those proceedings available to us all on the internet. http://www.yale.edu/lawweb/avalon/imt/proc/count.htm

If we believe in the Rule of Law and not of Men, then those proceedings show us the way to proceed in this instance. If we truly accept that principle then we must see that they are submitted to an international tribunal not to a US military commission established by an executive fiat.

Whether they stand trial before the International Criminal Court or a special tribunal including judges from nations other than those who engaged in combat is immaterial. If the Rule of Law has any meaning to us in the 21st Century the cases of these 55 must be submitted to an International Court of impartial appearance if not fact and be judged accordingly. Anything less diminishes America in the eyes of the world and chips away at the foundations of our own freedom and liberty.