The Significance of Military Tribunals in Today's Environment
Military tribunals are used to solve the issue of terrorists. Terrorists are individuals who are considered to use extreme and unorthodox methods of instilling fear among the society. Nonetheless, terrorists aim at innocent civilians for their operations instead of facing the military in the battle. Therefore, their cowardice acts have to be punished accordingly through the military tribunals. In today’s environment, military tribunals are the chosen course of action when fighting terrorists since the military are the best suited for executing such operations.
Korematsu Case
Presidential Executive Directive 9066 and congressional statutes provided the military with the power to exclude Japanese nationalities from areas believed to be critical to national security and most likely prone to espionage during the era of World War II. However, Korematsu remained in California and violated the Civilian Exclusion Policy (Korematsu v. United States, n.d.). The court and the government held that the exclusion was within the law since it was meant to protect against espionage. This meant that Korematsu's rights were violated through the aspect of exercising compulsory exclusion. This conventional preoccupation with Korematsu's racism continues to point out the significance of egalitarian norms.
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An Analysis of Korematsu Scrutiny
After conducting a closer analysis of Korematsu's case, it is evident that the decision on exclusion goes beyond the racism contexts since it embodies a general perspective of presidential war powers. As a consequence, there are several controversies experienced even today over the presidential powers to fight terrorism. In that, since the order was only applicable to Japanese citizens it was subject to significant rigid scrutiny (Korematsu v. United States, n.d.). In as much as there is an impermissible application of government authority, it should be noted that this results in a grave impending endangerment to the public safety due to the likelihood of enhancing terror acts from other terrorists who are not detained. In the current war on terror, Korematsu scrutiny cannot withstand today’s war on terror due to the unpopular minority opportunistic demagogues and fear to demonize them.
Reference
Korematsu v. United States, 323 U.S. 214 (1944). (n.d.). Retrieved from https://supreme.justia.com/cases/federal/us/323/214/
