A Truth Commission the answer to war crimes after 9/11?

I just read an interesting column in today's [6 July 2008] edition of the New York Times. In this column Nicholas Kristof suggests that a truth commission be set up to investigate the atrocities committed by the Bush Regime post 9/11. The question which I would like to debate is whether we can grant amnesty to people who have committed war crimes in the form of torture and detention without a trial or a charge?

Coming from South Africa, I witnessed the success of a truth commission, as we had one set up under the Truth and Reconcialition Commission Act. However, the commission had its cons as it never had enough time to address and grant redemption to all the victims and their families of the Apartheid regime.

A truth commission for the USA will only be effective if lessons can be learnt from it. Lessons not to go back to commit grave breaches of international humanitarian law. It should be remembered that torture and detention without trial was not the only violations that the USA defence force and Bush Administration committed. There is also the destruction of religious buildings and other property protected under the Geneva Conventions, which the military tore down. Truth and Reconcialition would be all fine and dandy, but who will pay for the restruction of these buildings? Who will pay for the countless innocent detainees who are still tortured and detained in Guantanamo Bay?

Another option that should also be investigated is the possibility of criminal and war crimes charges against the perpetrators and those who aided and abetted these crimes. However these also raise important questions as the USA is not a party to the ICC Statute and therefore the ICC does not have the jurisdiction to try those who were involved in committing war crimes in Iraq, Afghanistan and Guantanamo Bay. Would the USA courts be objective in trying these offenders?

These atrocities cannot be ignored. Therefore I do agree with Kristof that a Truth Commission would be a good option. However I will only agree subject to the consequence that the USA government learn an important lesson from this. One cannot take away peoples basic civil and political human rights, on the suspicision that they are a risk to national security. If they they are charged with terrorist activities and receives a due process, fair trial then such a consequence [like forming a Truth Commission] could possibly be negated.