Korematsu v United States- Supreme Court upheld the order saying that individual rights can be restricted in times of war to protect to the Nation.
Is this fair to American People?
Can you think of other times where Americans limited their rights to feel 'safer'?
The court’s decision is fair to some extent to the American people. However, there is a sense in which such human rights infringements should be done in strict accordance with the law but only if there is a valid reason behind it (Mukhammadsidiqov & Turaev, 2020). The United States of America has restricted human rights for both citizens and non-citizens in a wide range of circumstances like police brutality, unfair incarceration of people, use of drone strikes, etc.
The decision of the United States Supreme Court on the restriction of human rights is fair to some extent because it ensures that Americans are free and safe from violence, terrorisms, and other sorts of insecurity (Mukhammadsidiqov & Turaev, 2020). However, some human right restrictions through the reinstatement of the death penalty is a deterrent to criminal activities but could also be based on speculations hence leading to the killing of innocent individuals(Buyse, 2018). The U.S has restricted human rights for national security purposes in different scenarios. For instance, many prisoners have been detained for many years in Cuba without being charged with a crime (Mukhammadsidiqov & Turaev, 2020). Prisoners also face police brutality and torture. Secondly, in the U.S effort to avert terrorism, lethal and excessive force through drone strikes has been used in other countries hence resulting in the killing of innocent civilians. For instance, under Donald Trump’s administration, the U.S military launched a lethal drone strike in Bagdad, killing innocent civilians alongside Suleiman whom the U.S suspected to be planning terrorist attacks (Buyse, 2018). The alleged killing of Suleiman culminated in war confrontations between the U.S and Iran.
Buyse, A. (2018). Squeezing civic space: restrictions on civil society organizations and the linkages with human rights. The International Journal of Human Rights, 22(8), 966-988.
Mukhammadsidiqov, M., & Turaev, A. (2020). Influence of US Neoconservatism on Formation of National Security Paradigm. The Light of Islam, 2020(3), 113-120.