A President Beyond the Law

Something much more profound underlies this terrible episode. It is a culture of low regard for the law, of respecting the law only when it is convenient.

Again and again, over these last years, President Bush has made clear his view that law must bend to what he regards as necessity. National security as he defines it trumps our commitments to international law. The Constitution must yield to novel infringements on American freedom.

One clear example is the treatment of the prisoners at Guantánamo Bay, Cuba. The Third Geneva Convention requires that any dispute about a prisoner's status be decided by a "competent tribunal." American forces provided many such tribunals for prisoners taken in the Persian Gulf war in 1991. But Mr. Bush has refused to comply with the Geneva Convention. He decided that all the Guantánamo prisoners were "unlawful combatants" — that is, not regular soldiers but spies, terrorists or the like.

The Supreme Court is now considering whether the prisoners can use American courts to challenge their designation as unlawful. The administration's brief could not be blunter in its argument that the president is the law on this issue: "The president, in his capacity as commander in chief, has conclusively determined that the Guantánamo detainees . . . are not entitled to prisoner-of-war status under the Geneva Convention."

The violation of the Geneva Convention and that refusal to let the courts consider the issue have cost the United States dearly in the world legal community — the judges and lawyers in societies that, historically, have looked to the United States as the exemplar of a country committed to law.