Trying terrorists: military tribunals vs. federals courts
What we can learn from Nuremberg
- Duration 3:26
- Date Jan 12, 2012
What we can learn from Nuremberg
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Well free trials for 9/11 mastermind Khalid Sheikh Mohamed are expected to start as early as this march.
And one author is already drawn comparisons between that and the Nazi Nuremberg trials in 1945.
William -- Ross explains that in his new book and justice and the enemy Nuremberg 9/11.
And the trial of Khalid Sheikh Mohamed and he joins me now his father by the way was the chief British prosecutor.
In the Nuremberg trials so mr.
-- you know all about the Nuremberg.
Trials and what do you think -- the similarities between Nuremburg and what we'll see with kiss them.
Well the biggest similarity is that these are very evil men put in the talk for unbelievable crimes the Nazi war machine was on trial in.
Nuremberg and now the key people who still survive and who were arrested quite -- by the United States on trial for the crimes of 9/11 and many other crimes of course -- -- al-Qaeda continues committed crimes.
It's so what do we learn from the Nuremburg trial that instructs what happens with kids end -- Well the biggest difference and I think this is an important one to stress is that if any of the Nazis in the -- Nuremberg was suddenly transported by time machine to Guantanamo.
They would be astonished by the privileges that the American system gives them.
With a lot of criticism of military courts in Guantanamo I think a lot of it is misplace those people KS seven and the others on -- have.
All the safeguards of American justice and if -- found guilty they can appeal all the way to the Supreme Court as they could if they were in a federal court in Manhattan.
There was so much outcry over the possibility that KSM was going to be tried.
In Manhattan in a court what do we know we're going forward about the -- and -- a pretty about the new prosecutor.
The new prosecutors -- very splendid man called general mark Martin's and he is a lawyer military lawyer and he's most recently being used infantry men.
And his mistress who had been in Afghanistan establishing rule of law in the countryside and -- -- -- -- And he's not taken over the role of chief American prosecutor and he's somebody we will hear a lot about.
And the chief American prosecutor in Nuremberg was a marvelous man called justice Robert Jackson and his direct successor is mark Martins who.
Spoke recently in New York this week and I went to his -- and he emphasized that that -- Sadness of the trial is absent and no information that's been uncovered -- by.
Waterboarding or other.
Aggressive interrogation will be allowed.
And every they have all the rights in these military courts that they would have in the federal court it's just that the -- -- courts give a bit more protection.
To the armed forces and for example a soldier a arresting someone like -- KSM does not have to read him his Miranda rights in a little -- which seems to me entirely appropriate.
So this is a real trial this is not a show -- know this is an absolutely real time I think Americans can be proud of this system of a parallel system of justice in military courts that's not replacing federal courts federal -- carry on -- music.
Trying terror suspects but the military courts will be that for some cases.
And I'm quite confident that they will do it well and what is -- is that Obama.
Having attacked President Bush rolled through.
The campaign and said I will never have military courts I will close Guantanamo now has military courts in Guantanamo yes he can't just.
He'd be logic of doing that William shawcross thanks so much for coming in your book is justice and the enemy great to talk to you.
Thank -- it's.