Bowman, Marion (Spike) - short clip - WeHavetoMoveForward
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| - | One of the singular issues that comes out of | 0:00 |
| Guantanamo is a, so far, | 0:03 | |
| a failure to recognize that the laws | 0:05 | |
| that we tried to carve out of World War II, | 0:08 | |
| don't neatly apply to today. | 0:10 | |
| And international lawyers, | 0:13 | |
| and I am an international lawyer, | 0:15 | |
| most international lawyers don't want to face up | 0:16 | |
| to the necessity of having to accept | 0:19 | |
| new customary international law. | 0:23 | |
| They want it to stay the same way it is right now | 0:25 | |
| cause they're comfortable with it. | 0:27 | |
| We can't afford to do that. | 0:29 | |
| We have to move forward. | 0:30 | |
| The issues of terrorism, of the detainees, | 0:31 | |
| of piracy, things like this, have moved beyond | 0:35 | |
| the codification of the laws that we've got. | 0:40 | |
| Interviewer | Do you think we cannot | 0:44 |
| prosecute those people under the old laws? | 0:45 | |
| Is that what you're saying? | 0:48 | |
| - | I think that, | 0:53 |
| I think we could prosecute them under the old laws. | 0:56 | |
| I think it would be a mistake to do so | 1:00 | |
| because it would be trying to carve into the 21st century | 1:02 | |
| something that was barely adequate for the 20th century. | 1:06 | |
| And instead of having to say, "You did something wrong. | 1:11 | |
| Look what the Geneva Convention said in 1945", | 1:15 | |
| we should be saying, "You were stumbling along | 1:18 | |
| trying to work with something that doesn't exist." | 1:21 | |
| We need to recognize the fact | 1:23 | |
| that we have to move forward and develop | 1:26 | |
| new distinctions, new definitions, | 1:28 | |
| and allow the law to develop the way it has | 1:30 | |
| for the last several centuries. | 1:33 |
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