But how would you make a determination on whether a person is actually a terrorist. Say someone like David Hicks (also having recently published a memoir too)?
Obviously due process is extremely important in these cases - but I would like to ask you, if a person is conclusively proven as a terrorist (e.g. Khalid Sheikh Mohammed), would you support using 'enhanced interrogation techniques in order to extract valuable information that could save lives?
As for David Hicks (aka Muhammed Dawood), I find his his version of the truth very questionable. He just 'happened' to be wandering around in Afghanistan, and then by 'chance' he joined a terror organization, and then 'somehow' he ended up fighting against coalition forces. He just portrays himself as a helpless victim of events beyond his control, when in reality he actively sought terrorism and knew what he was doing. Why does he deserve special treatment over all other terror suspects? Is it because he holds Australian citizenship and was lucky enough to be born here?
To the first question. The answer is never. Even if the person might have valuable information, you don't know whether the person is going to spin you a yarn if you go about torturing people. This is not to say that police can't interrogate people. They can. But there are proper legitimate methods of doing things and there isn't. Waterboarding is not a legitimate way of interrogating people. The Law Enforcer must also be bound to the law, lest they become a farce.
To the second point, the most important thing to realise that first of all, David Hicks has never ever been charged with conducting or preparing any terrorist offence. Indeed, had he been captured by Australians, he could not be charged with any offence. Despite the conditions in Guantanamo Bay which favoured the prosecution, the only charge they could pin him with was "providing material support for terrorism", which required a retrospective law change to achieve. He probably pleaded guilty just to get out of the place. The point isn't really what he did, which no one doubt was quite naive at the time. The point is what happened afterwards. He has never had the chance to put out a defence in a proper open court like any other criminal and has never had the chance to answer to the allegations that you at the moment accusing him of because of the actions of the Bush Administration. It's likely that we'll never know what exactly happened.
I see it as an extreme act of desperation. Even if the source was reliable, I would prefer to see the army or government exhaust every means of investigation and clearance from impartial channels (both civilian and official) before I agree to its usage.
Any sane person (or state) would agree that it is better to sacrifice one enemy to save the community. However, the regulations on it must be tightened up and preferably not used so liberally as we are witnessing right now. For this to occur, great transparency and an unbiased court of law is needed. None of which are being implemented in the military at the moment.
I don't think torture methods are being used liberally - if at all, in the Western world today. Guantanamo and Abu Ghraib are a couple of isolated incidents that received wide media coverage (kudos @the mass media) - and something that the Obama administration has vowed never to repeat. Not to mention over-documentation by a string of NGOs such as Amnesty and HWR on every minor slip up a democratic country makes. (On a side issue - I watched a recent interview with the Dubya, and he mentioned that he was only prepared to authorize waterboarding if it was legal - turns out it was. Make of that what you will)
And whilst I remain ambivalent about this entire issue (of legalized interrogation techniques), I doubt that opening up civilian courts to try terrorists will be very effective. Mostly because these people don't operate within the framework of International Law or democratic values (in fact, many don't even recognize America/Australia's right to exist - let alone to operate courts of law). I do agree that everyone must have a right to a trial, but I see no problem with extracting valuable information to prevent further bloodshed.
First of all, you can not say that Guantanamo and Abu Ghraib are 'minor' incidences. They pretty much shot any moral legitimacy that the Western World has to talk to other nations about Human Rights abuses or even being the righteous people.
I wouldn't trust anyone in the Bush Administration for legal advice. The only way that it could be seen to be legal was to rely on the creative interpretation (read: bullshit) by the-then US Attorney-General Alberto Gonzales. I'm glad that Obama has vowed never to repeat what happened in the eight years of Bush's presidency.
Look, the British managed to do so with Pam Am bombing, during the Troubles in Northern Ireland. I don't see how a person's viewpoint about the legitimacy of a court should influence one iota where a person should be tried.