Try Hicks, or free him
The retroactive laws to be invoked by the military commissions are fundamentally flawed and unfair, writes Major Michael Mori.
DAVID Hicks' situation can be drawn to a quick and fair close. If the US believes he violated US federal law, then Australia should demand that the US immediately try Hicks in a US federal court. Otherwise, he should be returned home and not subjected to a tribunal system that the US deems insufficiently fair to try its own citizens.
The retroactivity of the Military Commission Act (MCA) offence of "material support" is extremely important, especially in light of the position of Australian ministers that applying retroactive Australian laws to David Hicks is inappropriate. To permit the US to use its flawed military commissions system to apply retroactive laws to Hicks contravenes the ministers' stated position and is fundamentally unfair.
To read the full article in The Age, click on:
The Age
DAVID Hicks' situation can be drawn to a quick and fair close. If the US believes he violated US federal law, then Australia should demand that the US immediately try Hicks in a US federal court. Otherwise, he should be returned home and not subjected to a tribunal system that the US deems insufficiently fair to try its own citizens.
The retroactivity of the Military Commission Act (MCA) offence of "material support" is extremely important, especially in light of the position of Australian ministers that applying retroactive Australian laws to David Hicks is inappropriate. To permit the US to use its flawed military commissions system to apply retroactive laws to Hicks contravenes the ministers' stated position and is fundamentally unfair.
To read the full article in The Age, click on:
The Age
posted by Pax Christi @ Wednesday, February 07, 2007
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