There has been a lot of discussion lately about what rights terrorists who attack our country do or don't have when brought to trial. How should they be treated? Should they be tortured?
To me the answer is simple. The USA's Constitution & system of laws is based on Natural Law. We also claim to be a nation founded on Judeo-Christian principles. So, there is where we start to look to find the answer.
NATURAL LAW
What does it say in natural law about the rights of a person. The simplist answer to this is to quote from the Declaration of Independence, which embodies the principles of natural law as its foundation. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
There it is in, as Thomas Jefferson said later when explaining why the Declaration was written: "words so clear as to demand their assent." Every human being, even our enemies, has certain rights that need to be protected. The Declaration goes on to remind us that the purpose of any government is to secure & protect those rights. It makes no difference between citizens & non-citizens. A government has to ensure that everyone's rights are secured.
OK, that was easy, now onto the 2nd part.
CHRISTIAN PRINCIPLES
To answer this we need to look at what Jesus said about how we are to treat our enemies. There are 2 things in particular I can think of. The 1st is what we call the golden rule: "Do to others whatever you would have them do to you. This is the law and the prophets." Matthew 7:12 (Or as found in Luke 6:31"Do to others as you would have them do to you. ")
We find the 2nd in Matthew 5:43-44 Jesus said: "You have heard that it was said, 'You shall love your neighbor and hate your enemy.' But I say to you, love your enemies, and pray for those who persecute you."
We are called to treat others, esp our enemies, as we would like to be treated. We would want our rights protected no matter where we are in the world. That alone answers the question, they have certain rights that need to be protected. & it also excludes torture.
But the 2nd quote requires us to go beyond that, it requires us to pray for our enemies, all those who would destroy us. While this doesn't negate the right to defend ourselves as found in the just-war theory that is Catholic teaching taken by Aquinas from Natural Law, it does mean we can't seek revenge. It means we need to go even further, we need to pray for them that God will change their hearts & have them turn away from the evil they are doing to us. In the end the only true & lasting peace will come when we let God change our hearts & those of our emenies from hate to love so that Jesus can bring about the reconciliation He desires.
I'll admit this is a very simple stating of things. I have kept it this way intentionally. It is not simplistic, it is not niave. It is the wisest way to go. It is God's wisdom. It is based on the teachings of Jesus as expounded by the Catholic Church. I know some will say, we deserve to get revenge, they don't deserve to have their rights repsected. Others will say that we shouldn't defend ourselves, war is not the way. Both sides are wrong. The USA was attacked by terrorists. They have declared war upon us. We have the right & responsibility to defend ourselves. But, we need to be following the just war principles. & when we capture or enemies we need to follow the teachings of Jesus, the Catholic Church & the principles of Natural Law as to how they are treated.
Following these principles does make us more vulnerable. It doesn't keep us from defending ourselves, but it does prevent us from relying on some things we otherwise would use. It puts us in the position where we should be, relying more on God than on ourselves. & that is where I would rather be. Yes, it would be nice to feel absolutely safe. But, in this world we never will be. But, if we are in the hands of God, letting Him care for us & protect us, as Psalm 91 says, we will experience true peace. That is good enough for me.
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