John Fabian Witt: Bush should re-read the Declaration of Independence
[John Fabian Witt, a professor of law and history at Columbia University, is writing a book on the laws of war in American history.]
... We all know that the Declaration of Independence announced the United States' freedom from the British Empire. We all remember that it declared certain truths to be self-evident. But what you probably haven't heard is that the declaration also advanced an idea about war. The idea was that war ought to be governed by law.
In late June 1776, as the first detachments of what was to become a sizable British force were landing 90 miles away in New York, Thomas Jefferson and the Continental Congress in Philadelphia drew up charges denouncing King George III to the world. The accusations were to serve as the core of the declaration. The climactic final charges, for which the rest were prologue, indicted the king for war crimes.
Britain's navy, wrote Jefferson and the Congress, had "plundered our Seas," while its armies had "ravaged our Coasts, burnt our Towns, and destroyed the Lives of our People." ...
The declaration was the beginning of a remarkable but now little-remembered American tradition in the laws of war. In the 1780s, a treaty with Prussia committed the United States to follow European rules of warfare. During the Civil War, Abraham Lincoln published a code for the Union Army that serves to this day as the foundation for the law of war around the globe.
In the 20th century, Americans took a lead role in establishing the modern law of war. Franklin Roosevelt directed the creation of the Nuremberg tribunal for high-ranking German war criminals, and his aides wrote the U.N. charter's rules for the use of force. In this century we can see traces of Jefferson's charges in the law of naval warfare, in the distinction between combatants and civilians, in international law restricting the use of mercenaries and in the Third Geneva Convention's rules on prisoners of war.
Today, of course, much of the world thinks that the United States has traded places with George III's British Empire. We are the global hegemon, and since Sept. 11, 2001, we have become infamous the world over for eschewing the law of war in the name of patriotic self-defense. At Guantanamo, in shadowy secret CIA prisons, at Abu Ghraib, and elsewhere, leaders in the White House, the Justice Department, and the intelligence agencies have disowned the laws of war as unacceptable constraints on the pursuit of national security....
Read entire article at WaPo
... We all know that the Declaration of Independence announced the United States' freedom from the British Empire. We all remember that it declared certain truths to be self-evident. But what you probably haven't heard is that the declaration also advanced an idea about war. The idea was that war ought to be governed by law.
In late June 1776, as the first detachments of what was to become a sizable British force were landing 90 miles away in New York, Thomas Jefferson and the Continental Congress in Philadelphia drew up charges denouncing King George III to the world. The accusations were to serve as the core of the declaration. The climactic final charges, for which the rest were prologue, indicted the king for war crimes.
Britain's navy, wrote Jefferson and the Congress, had "plundered our Seas," while its armies had "ravaged our Coasts, burnt our Towns, and destroyed the Lives of our People." ...
The declaration was the beginning of a remarkable but now little-remembered American tradition in the laws of war. In the 1780s, a treaty with Prussia committed the United States to follow European rules of warfare. During the Civil War, Abraham Lincoln published a code for the Union Army that serves to this day as the foundation for the law of war around the globe.
In the 20th century, Americans took a lead role in establishing the modern law of war. Franklin Roosevelt directed the creation of the Nuremberg tribunal for high-ranking German war criminals, and his aides wrote the U.N. charter's rules for the use of force. In this century we can see traces of Jefferson's charges in the law of naval warfare, in the distinction between combatants and civilians, in international law restricting the use of mercenaries and in the Third Geneva Convention's rules on prisoners of war.
Today, of course, much of the world thinks that the United States has traded places with George III's British Empire. We are the global hegemon, and since Sept. 11, 2001, we have become infamous the world over for eschewing the law of war in the name of patriotic self-defense. At Guantanamo, in shadowy secret CIA prisons, at Abu Ghraib, and elsewhere, leaders in the White House, the Justice Department, and the intelligence agencies have disowned the laws of war as unacceptable constraints on the pursuit of national security....