Due to the extraordinary actions of accused Staff SGT Robert Bale's involvement in the killing of 16 Afghan civilians, the United States would have been wiser to handle this latest crisis in an extraordinary fashion. Hastily removing the accused out of country for prosecution per US Military justice will only fuel existing distrust, hatred and worse among the very people the US is professing to support.
As the Afghans continue to demand the US turn SGT Bale over to their government for trial, handing an American soldier over to the "enemy" no matter what the crime has never been US policy, so that'll never happen. Besides, the political fallout an American president would face during an election season would be just as extraordinary. Yet, we submit there was a reasonable compromise that could have yielded something extraordinarily positive from this horrible tragedy.
Touting that America's system of Jurisprudence to be the envy of all, the US/Military could have publicly prosecuted the accused in country according to American law. Yes, a show trial. A trial that would only try the accused and not America as well. The United States could have shown the Afghan people the virtues and values of the American people while dispensing justice openly and equitably to all whom comes before it.
We say let the Afghans witness and appreciate the process and rights afforded "any" accused and prosecuted by American justice. Let them see up close and personnel how someone is dealt with when found to have taken a life or violated the universal rights of another human being. We say let the Afghan people see what the fullest extent of American law really means. Let them see how American justice stacks up against Sharia and tribal justice. Let them see and let them judge.
By insulating the accused from view of the accusers and holding some "foreign military tribunal" on the other side of the planet will do little to satisfy the victims and survivors. This action belies verbal guaranties of fairness and transparency. With America's track record of prosecuting its military personnel for crimes against civilians of occupied nations being so abysmal, few if any will have confidence their loses will ever be avenged or their honor restored.
In the eye of the average Afghan, America is merely echoing the same corrupt top down powerful vs the powerless version of justice and governance they've sought the Taliban for protection from. The message is as clear as its consistent; he who holds the power determines who is just. The fact that America routinely snatch individuals from other nations for trial or just for the sake of holding them, while always refusing to allow US military personnel to be tried by another's system of justice reeks of American superciliousness.
Any effort to secure an extended Status of Forces Agreement after a perceived American whitewashing of this situation will be improbable at best. With President Karzai demonizing the American brand by demanding the United States confine its troops to major bases by next year, and the Taliban announcing suspension of peace talks, a more likely scenario will be another unceremonious middle of the night exit, with no parades and a lot of unpaid liabilities.
We realize this is a rare and exceptionally horrid circumstance but it is for that precise reason this circumstance should be handled in a rare and exceptionally American way. Unfortunately, America will go on trial along with Staff SGT Robert Bale.
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