Pakistani Taliban (TTP)
See also Taliban
Palace of Justice, Nuremberg
Palestine Liberation Organization (PLO)
Pan Am Flight 103 bombing
Panetta, Leon
Parker, Tom
Pearl, Daniel
The Pearl Project
Pelosi, Nancy
Pentagon, September 11, 2001 terrorist attacks and
PETN
Petraeus, David
Philippine Airlines bombing
Phillips, Melanie
Pillay, Navi
PLO. See Palestine Liberation Organization
Podhoretz, John
Pope John Paul II
The Portage to San Christobal of AH (Steiner)
Powell, Colin
POWs. See Prisoners of war
President’s power during wartime
Press, access of
Prisoners of war (POWs)
detention of
Geneva Conventions and
status
terrorists as
unlawful combatants compared with
Prolonged wall standing (enhanced interrogation technique)
Protocol I, Geneva Conventions
ratification of
Al Qaeda
American embassy bombings
civilian deaths caused by
Common Article 3 and its application to
federal trials for
Geneva Conventions and dealings with
Ghailani and
Islamic Jihad merger with
Islamist influences on
justice for leaders of
Khobar Towers bombing by
KSM in
legal lobby
Nazism and
origins of
post-September II
reaches in U.S.
thwarted plots
as unlawful combatants
U.S. and
U.S.S. Cole suicide bombing by
WMDs possessed by
Al Qaeda in the Arabian Peninsula (AQAP)
Ghamdi and
Qaradawi, Yusuf al
The Quilliam Foundation
Quirin, Richard
Qumu, Sufyan Ben
Qureshi, Asim
Qutb, Mohammed
Qutb, Sayyid
in Muslim Brotherhood
Social Justice in Islam
trial and hanging of
U.S. and
Rabinowitz, Dorothy
Radical Islamism
mass murder and
Rahman, Sheikh Omar
Ratner, Michael
Reagan, Ronald
Protocol I ratification and
Recidivism
Red Cross
Reid, John
Reid, Richard (shoe-bomber)
trial
Religion
Remes, David
Ressam, Ahmed
Rich, Marc
Robertson, Geoffrey
Romero, Anthony
Roosevelt, Theodore
“Denying Certain Enemies Access to the Courts of the United States,” Proclamation
Ex Parte Quirin and
Nazi leaders and, justice for
Rosenman, Sam
Rossiter, Clinton
Roth, Ken
Rudenko
The Rule of Law (Bingham)
Rule of Law Field Force
Rumsfeld, Donald
Hamdan v. Rumsfeld
Rushdie, Salman
Russia
Afghan-Soviet War
Katyn and
Nazis and
Nuremberg Tribunal and
objections to military tribunal for Nazi war criminals
Salafism
Santora, Alexander
Santora, Christopher
The Satanic Verses (Rushdie)
Saudi Arabia
embassy in Khartoum terrorist attack
monarchy
Scheinin, Martin
Schoenfeld, Gabriel
Schumer, Charles
Scruton, Roger
SEAL Team Six
Seattle Weekly
Sen, Ibrahim Shafir
September 11, 2001 terrorist attacks
bin Laden and
Bush and
intelligence hints of
KSM and
Obama and
planning
Al Qaeda after
targets
terrorists charged with
trial for
U.S. response to
SERE training. See Survival, Evasion, Resistance, and Escape training
Al Shabaab (terrorist group)
Shahzad, Faisal
Sharia law
Shawcross, Hartley
on Nuremberg Tribunal
Nuremberg Tribunal closing speech by
Sheikh, Omar
Shia extremists
al-Shibh, Ramzi bin
Shiite Islamic Revolution in Iran
Shoe-bomber. See Reid, Richard
Siddiqui, Aafia (Lady Al Qaeda)
Simcox, Robin
Singer, P.W.
Sixth Amendment
Slapping (enhanced interrogation technique)
Sleep deprivation
Smith, Lamar
Social Justice in Islam (Qutb)
Sowell, Thomas
Spann, Johnny “Mike,”
Special Forces, U.S.
Der Spiegel (new magazine)
Stafford-Smith, Clive
Stalin, Josef
Nazi leaders and, justice for
Steinberg, Gerald
Steiner, George
Stettinius, Edward
Stewart, Lynne
Stimson, Cully
Stimson, Henry
Stone, Harlan Fiske
Summary executions, of Nazi High Command
Summary justice, for Nazi war criminals
Sunni extremists
Sunni Muslims
Supreme Court, military commissions and
Survival, Evasion, Resistance, and Escape (SERE) training
Syria
Taliban
Geneva Conventions and dealings with
Germans in
Targeted killings
Tent, George
The Terror Presidency (Goldsmith)
Terrorism
Internet and
Islamist, threat of
law enforcement response to
Muslim Brotherhood
See also specific terrorist acts
Terrorist groups, officially designated
See also specific terrorist groups
Terrorists
C.I.A. black sites for
criminal court trials for
death penalty sought by
drone attacks on
extradition of
federal trials for
interrogation of
justice for
law enforcement used against
legal representation for
military commissions for
military justice for
as POWs
prosecution of
September 11, 2001 terrorist attacks
trying
See also specific terrorists
Thiessen, Marc
Third Reich, Muslims and
Thomas, Evan
Ticking time bomb scenario
Timms, Stephen
Toensing, Victoria
Torture
alleged
interrogation techniques compared with
what constitutes
Torture memos
Trial of the Major War Criminals Before The International Military Tribunal
Truman, Harry
TTP. See Pakistani Taliban
TWA Flight 847 hijacking
Twelfth S. S. Pander Division, Nazi
UAV. See Unmanned Aerial Vehicles
UCL. See University College, London
U.N. See United Nations
United Nations
(U.N.)
Convention Against Torture
Convention on the Prevention and
Punishment of the Crime of
Genocide
Human Rights Commission
United States (U.S.)
Afghanistan war
Anti-Americanism and
bin Laden and war declared on
citizenship
criminal law
enhanced interrogation techniques and reputation of
Europe and
human rights communities’ criticisms of
Iraq occupation
jurisdiction of
KSM’s study in
Al Qaeda and
Al Qaeda’s reach in
Qutb, Sayyid, and time in
September 11, 2001 terrorist attacks and response of
support of military tribunal for Nazi war criminals
War on Terror
Universal jurisdiction
University College, London (UCL)
Unlawful combatants
detention of
Geneva Conventions and
Unmanned Aerial Vehicles (UAV)
U.S. See United States
U.S.S. Cole suicide bombing
V.E. Day
Vengeance, for Nazi crimes
Vietnam
Khmer Rouge and
Violence
Islamist
Muslim on Muslim
Al Qaeda and civilian population
Wahhabis
bin Laden’s connection to
Walling (enhanced interrogation technique)
Walzer, Michael
War Crimes Act of 1996
interrogation under
War criminals
due process for
execution of
Japanese
See also Nazi war criminals
War on Terror
Geneva Conventions and
successes of
War paradigm
Warrants
Washington Post
Washington Times
Waterboarding (enhanced interrogation technique)
incidence of
of KSM
Weapons of mass destruction (WMD) bin Laden and
Al Qaeda’s possession of
Weber, Max
West, Rebecca
Westergaard, Kurt
Westernization
Wittes, Benjamin
The Law and the Long War
press access and
Wizner, Ben
WMDs. See Weapons of mass destruction
World Trade Center
KSM and first bombing of
September 11, 2001 terrorist attacks and
World War II
Japanese war criminals
POW detention during
Writ of habeas corpus
Yamamoto, Isoroku
Year Zero
Yemen
al-Awlaki in
Yoo, John
Young, William
Yousef, Ramzi
arrest and conviction of
World Trade Center bombing
al-Zawahiri, Ayman
suicide bombing
Zeigler, Patrick
Zubaydah, Abu
ABOUT THE AUTHOR
WILLIAM SHAWCROSS is an author and journalist who has covered international conflicts and conflict resolution for many years. He has written several books including Sideshow: Kissinger, Nixon and the Destruction of Cambodia; The Quality of Mercy: Cambodia, Holocaust, and Modern Conscience; Deliver Us from Evil: Warlords, Peacekeepers, and a World of Endless Conflict; Allies; and the bestselling The Queen Mother: The Official Biography. He was a founding member of the International Crisis Group and served on the board and executive committee from 1995-2006. His father, Hartley Shawcross, was Britain’s lead prosecutor at the Nuremberg Trials. He appears regularly on television and radio, and his articles have appeared in leading newspapers and journals throughout the world. He lives in London.
PublicAffairs is a publishing house founded in 1997. It is a tribute to the standards, values, and flair of three persons who have served as mentors to countless reporters, writers, editors, and book people of all kinds, including me.
I. F. STONE, proprietor of I. F. Stone’s Weekly, combined a commitment to the First Amendment with entrepreneurial zeal and reporting skill and became one of the great independent journalists in American history. At the age of eighty, Izzy published The Trial of Socrates, which was a national bestseller. He wrote the book after he taught himself ancient Greek.
BENJAMIN C. BRADLEE was for nearly thirty years the charismatic editorial leader of The Washington Post. It was Ben who gave the Post the range and courage to pursue such historic issues as Watergate. He supported his reporters with a tenacity that made them fearless and it is no accident that so many became authors of influential, best-selling books.
ROBERT L. BERNSTEIN, the chief executive of Random House for more than a quarter century, guided one of the nation’s premier publishing houses. Bob was personally responsible for many books of political dissent and argument that challenged tyranny around the globe. He is also the founder and longtime chair of Human Rights Watch, one of the most respected human rights organizations in the world.
For fifty years, the banner of Public Affairs Press was carried by its owner Morris B. Schnapper, who published Gandhi, Nasser, Toynbee, Truman, and about 1,500 other authors. In 1983, Schnapper was described by The Washington Post as “a redoubtable gadfly.” His legacy will endure in the books to come.
Peter Osnos, Founder and Editor-at-Large
a I described this trip and the memories it aroused in The Quality of Mercy: Cambodia, Holocaust, and Modern Conscience (New York: Simon and Schuster, 1984).
b Twenty Nazis were in the dock at the start of the tribunal. Martin Bormann was tried in absentia. Kaltenbrunner was ill at the start but later recovered and was brought to court. Ley committed suicide, and Krupp was declared insane.
c The most reliable source for casualties in Iraq has been www.iraqbodycount.org.
d In his eloquent closing speech for the prosecution at Nuremberg, Justice Jackson said that “Goering stuck a pudgy finger in every pie.” It was an odd phrase for such a serious speech but it was understood by everyone in the courtroom who had watched Goering dominate the proceedings. Rebecca West agreed with Jackson: “The courtroom was not small, but it was full of Goering’s fingers. His soft and white and spongy hands were forever smoothing his curiously abundant brown hair, or covering his wide mouth while his plotting eyes looked facetiously around, or weaving impudent gestures of innocence in the air.” And “he was the only one of these defendants who, if he had the chance, would have walked out of the Palace of Justice and taken over Germany again, and turned it into the stage for the enactment of the private fantasy which had brought him to the dock.” [Rebecca West, A Train of Powder (New York: Macmillan, 1955), 21, 7. ]
e Jackson withdrew this opinion because the men had already been executed and he judged it therefore no longer relevant.
f In his 1951 study “The Supreme Court and the Commander in Chief,” the scholar Clinton Rossiter noted that the Court “has refused to speak about the powers of the President as commander in chief in any but the most guarded terms. It has been respectful, complimentary, on occasion properly awed, but it has never embarked on one of those expansive flights of dicta into which it has been so often tempted by other great constitutional questions.” [Gabriel Schoenfeld, National Affairs 7, (2011).]
g The International Committee of the Red Cross (ICRC), which first visited Guantanamo in 2002, was able to speak to Khalid Sheikh Mohammed after he and the other detainees held in secret sites were moved there in 2007; the ICRC report was subsequently leaked and published in the New York Review of Books. The ICRC complained strongly about the slowness of the Bush administration to respond to its concerns about the men’s treatment; it also asserted that C.I.A.
medical staff committed a “gross breach of medical ethics” by agreeing to oversee the abusive interrogations. Marc Thiessen, former speechwriter to President Bush and author of Courting Disaster, used the same ICRC report to dismiss the notion that KSM was waterboarded 183 separate times. He pointed out that the report, based on information from KSM himself, stated that the number 183 referred not to the number of waterboarding sessions but to the number of splashes of water on the face in each session. There were five waterboarding sessions. “During each application, which could last no more than 40 seconds and usually lasted much less, there could be several dozen splashes. To say KSM was waterboarded 183 times is the equivalent of walking out into a rainstorm and getting hit by 10,000 rain drops and saying that you were in 10,000 rainstorms.” [Marc Thiessen, “McCain Is Wrong: KSM Was Not Waterboarded 183 Times,” Enterprise Blog, American Enterprise Institute, May 16, 2011.]
h In his memoir Donald Rumsfeld wrote that U.S. lawyers had advised the Bush administration in early 2002 that Common Article 3 did not apply to the conflict with Al Qaeda because it referred to detainees in conflicts “not of an international character”—in other words, civil wars. “Now, Common Article 3 was deemed by the Supreme Court to apply to that conflict, even though Al Qaeda is an organization, not a state, and was not a party to the Geneva Conventions, and even though the conflict is of an international character.” Rumsfeld said that although he disagreed with the Supreme Court, he did agree “that there should be a proper standard of care for all detained enemy combatants, even those technically not entitled to P.O.W. privileges.” [Rumsfeld, Known and Unknown (New York: Penguin Group USA, 2011), 593.]
i Alberto Gonzalez, a legal aide to President Bush and subsequently attorney general, caused a furor when it was revealed that, in a memo to the president, he had called some of the provisions of Geneva “quaint.”He was referring to requirements that captured fighters be given “commissary privileges, scrip, athletic uniforms, and scientific instruments.”He later explained, “The old ways may not work here... I never meant to convey to the president that the basic values in the Geneva Convention were outdated.”The memorandum was at once rebutted by Secretary of State Colin Powell. But the British Parliament and government subsequently came to similar conclusions. [Robert Boorstin, Memorandum on the Geneva Conventions, American Progress, May 18, 2004, www.americanprogress.org/issues/kfiles/b79532.html.]