The following is a piece written as part of an interview I did at City University on the political and ethical significance of the Bradley Manning trial currently ongoing (links to potentially embarrassing video to follow).
I think that the most important thing that the Bradley Manning trial shows us is the gap that opens up between our legal institutions and our sense of right and wrong, between the law and morality. Many people around the world are shocked by Manning’s imprisonment. People are shocked partly because he has been held under conditions that the UN said violated his human rights, but also because Manning is being tried for exposing the actions of US soldiers and diplomats, including evidence of many potential and confirmed human rights violations. Manning’s supporters are incredulous and view the proceedings now taking place at Fort Meade as illegitimate.
I understand this incredulity and on a level I share it. What I want to suggest, however, is that what we are seeing in the trial of this young man is even more troubling than the corruption of the law by politics – it reveals that the law is always suffused with politics. The law is a technical code. Yes, it is also a normative system that is supposed to determine right and wrong, guilt and innocence. But it is vital that we do not forget that it is a technical code first and foremost, a code that political authorities use to justify their power. Therefore, those with the capacity to influence and manipulate the legal code will always be at an advantage, will always be able to shape that code not towards the pursuit of justice but towards their own interests. This is what Finnish legal scholar Martti Koskenniemi calls this the gap between apology and utopia. The law has its utopian moments and this is especially true of human rights law – for example, Manning supporters see him as a hero who has exposed the grievous crimes of the US government and its military, particularly in Iraq and Afghanistan. They appeal to human rights standards that are quintessential moral claims, but which sadly lack the force of political authority and so are not reliably protected. This is important, but the law also has its moment of apology, where it serves the interests of established authorities, of powerful actors like the US government.