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[Page S3079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRESIDENTIAL PARDONS
Mr. CARDIN. Mr. President, media outlets have begun reporting that
President Trump is looking into granting pardons to certain military
personnel who have been convicted of committing war crimes in both Iraq
and Afghanistan. If these reports are true, I find this to be most
troubling.
I have an article here that appeared CNN that says:
The idea of pardons of accused servicemembers who have not
yet gone to trial and been convicted that is raising the most
concern from some military law experts.
The United States' global influence is due, in large part, to its
reputation for upholding human rights and adhering to international
humanitarian law and the law of armed conflict, otherwise known as the
law of war. As Stephen Preston, a former general counsel of the
Department of Defense, wrote in the Department of Defense's Law of War
Manual:
The law of war is part of who we are . . . the laws of war
have shaped the U.S. Armed Forces as much as they have shaped
any other armed force in the world . . . The law of war is a
part of our military heritage, and obeying it is the right
thing to do . . . the self-control needed to refrain from
violations of law of war under the stresses of combat is
the same good order and discipline necessary to operate
cohesively and victoriously in battle.
Five interdependent principles serve as the foundation of the law of
war: military necessity, humanity, proportionality, distinction, and
honor. These principles are pillars of America's moral standing in the
world that allow our military to be the most lethal fighting force
against our adversaries but also the most respected and revered by
citizens of the world.
The principles of the law of war are aligned with the constitutional
values that our Founding Fathers set forth and that all generations of
U.S. military servicemembers have sworn an oath to uphold and defend
against all enemies, foreign and domestic.
Department of Defense policy states that ``each member of the armed
services has a duty to: (1) comply with the law of war in good faith;
and (2) refuse to comply with clearly illegal orders to commit
violations of the law of war.'' By virtue of their oath and training,
members of the U.S. military are accountable for their individual and
collective actions through the Uniform Code of Military Justice.
The U.S. Government is also obligated to implement and enforce the
law of war as required by our Nation's own domestic laws, policies,
regulations, orders, and by the multiple treaty obligations we have
with other countries.
U.S. military members who are investigated and convicted of violating
the law of war, through the prescribed Department of Defense
investigative and judicial procedures, have violated international and
domestic laws and have failed to uphold their oath and professional
ethics. Whether it was My Lai during Vietnam or Abu Ghraib in Iraq, we
have seen how the horrific acts committed by a small group of rogue
actors can strategically diminish America's global standing, moral
leadership, and strengthen our enemies.
We Americans combat extremism, tyranny, and hate to preserve our way
of life. Under no circumstance is adapting to the behaviors of our
worst adversaries ever justified--ever. If we willfully allow our
institutions or the individuals within them to deviate from the laws
and standards of conduct that underpin our great Nation, then we lose
our way, and the world loses its champion of righteousness and
internationally recognized norms and values.
I do not believe anyone in this Chamber disagrees with the laws and
values of this country. The matter at hand is whether we will hold
people accountable who violate those laws and fail to act on behalf of
America with honor. To me, the right answer is very clear: The United
States will not willfully commit or condone war crimes, and we must
bring those who do commit them to justice regardless of citizenship,
affiliation, or background. That is what we stand for as a nation.
Those are our values, and that is America's leadership.
Even in the fog of war--especially in the fog of war--we must
endeavor to act with the moral clarity that distinguishes the United
States of America as a shining city upon a hill.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Alaska.
____________________
