Nimh you yourself said it didn't matter how many people were in danger when it came to the ethical treatment of a terrorist prisoner.
Both Ican and I have suggested that we list those things that would be acceptable; then we can decide if the administration is overstepping its authority, legally or ethically. Nobody except Craven was willing to do that.
That to me would be answering the question. You keep saying 'follow the existing law' and we say that would not be adequate or useful when it comes to interrogating terrorists.
Others keep citing the atrocities at Abu Ghraib and stuff reported at other prisons as if we all hadn't read or seen a thing and knew nothing about that. But saying that the offenders have been prosecuted and punished isn't even acknowledged, much less factored in.
We have thousands of people out there, armed to the teeth, who have avowed to bury us. I take that seriously. I think others should to.
And it think it is important to understand that treatment of terrorists can't be all nice and touchy feely and compassionate when they have information that will help us save lives.
... help us save lives. If you don't want to discuss that fine.
ican711nm wrote:nimh wrote:Yes. The Red Cross has shown itself, over the past century, to be one of the most stringently and consistently neutral observers in the world, much more so than any national government, whether yours or mine.
That seems to have been true in the 20th century. I'm unsure about that in the 21st century.
Why? Because this time they criticized America? They were admirably neutral all this time before, no matter whom they had to call to account, but now that you happen to end up on the receiving end, that must mean the RC has turned partisan?
They were admirably neutral all this time before, no matter whom they had to call to account...
Call me old-fashioned, but I feel that we have a overriding duty to call our own governments, countrymen and allies on any misdeed they may commit. It is our citizen's duty -- plus, it makes sense because we're actually in a position to do something about it.
And he has yet to acknowledge that the downsized military he favored in 2000 is no longer suitable in 2004.
The reason for this failure -- whether an ... an inability to let go of cherished views on ... tax cuts ... matters less than the consequences.
Isn't torture 'punishment meted out before conviction'?
Gelisgesti wrote:Isn't torture 'punishment meted out before conviction'?
Torture can come both before and/or after conviction. In deed it has.
blatham wrote:
And so, how do I know that Ican and Fox (even aside from the time lapse) have chosen not to read Danner's piece nor gone to any of the footnoted links? Your confidence is built upon a poverty of information and a lack of courage to challenge your preferred beliefs. Both of you restrict your reading sources to a narrow band of palatable ideas and that too evident fact is reflected with repetition every day on every thread.
If either of you are truly interested in engaging the legal and moral questions of Abu Ghraib and of this administration's prosecution of prisoner treatment, you'll take on something like Dworkin HERE, and you'll take it on with dilligence.
These presumptions of yours are your problem not mine. While I could engage in the same kind of presumptions about you, I think that would be equally inappropriate and irresponsible of me. Bernie apologizes.
Now back on topic.
I read Dworkin, not his references, and ended disagreeing with his fundamental thesus.
Dworkin wrote:
My first principle is that the US government exists for the primary purpose of securing the liberty of those living within its jurisdiction. I base this principal on the following:
Quote:The Declaration of Independence
(Adopted in Congress 4 July 1776)
...
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.
I have previously stated in this forum that I have applied my own interpretation to certain words and phrases in this declaration:
I interpret -- "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness" -- as follows:
We hold these truths to be self-evident, that all innocent human beings are created equally endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.
I interpret -- "That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed" -- as follows:
That to secure these rights, governments are instituted among innocent human beings, deriving their just powers from the consent of the governed
Those are my first principles. I'm truly sorry if they may in any way discomfort you, but nevertheless for me they remain unshakeable.
Nothing discomfiting there. Though we'll see if the addition of the word 'innocent' serves you or not.
It is an undeniable fact that the TMM (i.e., Terrorist Murderers and Maimers) of the world are attempting, and sometimes succeeding, to deny those rights to innocent human beings. Some TMM have formally declared their intention to murder all Americans as well as all others not adhering to their system of beliefs based on their faith. I believe them! I believe their declaration.
What you've done here is to define a class of individuals such that you avoid precisely the complexities, moral and legal, that are at issue.
"When in the course of human events" a TMM perpetrator is captured by the US and is judged to possess knowledge that if known to us will reduce the probability of the death or maiming of one or more of the innocent people among us, then terrorizing, hurting, or discomforting, but not killing or maiming, that captured TMM perpetrator to learn that knowledge, is a moral imperative.
You've already defined TMM as to intent and as to real guilt. In the paragraph above, you use the term 'judged'. How judged? Consider that the majority of people at Abu Ghraib were there as a result of sweeps of suspicious looking/behaving people (eg, saying something negative about American occupation). We now know many of them were tortured. Some were beaten to death. As many have now been released, they clearly weren't TMMs according to your definition.
So here is where you miss an important part of what Dworkin is saying. What if the possibility exists that a single innocent American life is or MIGHT BE at risk? Does this give you the justification to torture three hundred Iraqis on the possibility that a single innocent American life might be spared? This is Dworkin's point that American policy places American life ABSOLUTELY above the lives of others
Killing, maiming, terrorizing, hurting, or discomforting a captured TMM perpetrator for amusement, recreation, sport, hate, or anger is a crime for which it is morally imperative that the true perpetrator(s) of that crime be tried, convicted and punished as criminals. There must be no exceptions!
This looks to be noble. But in tandem with what else you hold here, it doesn't mean much at all. It is exactly as if you were to say that the police might round up folks in your neighborhood when something bad happens and torture them, but the only relevant moral/legal question relates to whether the police had fun or not.
blatham wrote:Quote:from DworkinThese constraints of fair criminal procedure and these humane rules of war are important not just when a nation's constitution or its treaty obligations make them binding, but because a very large community of civilized nations thinks that either they or closely similar constraints are necessary to prevent criminal prosecution or war from becoming a crude sacrifice of some people for the sake of others, a sacrifice that would ravage rather than respect the idea of shared humanity.
This paragraph by Dworkin is evidence of his failure to comprehend who are actually the sacrificers and the sacrificees. The TMM are attempting to sacrifice us for their perception of what is for the sake of themselves. It is a sacrifice which if successful will "ravage rather than respect the idea of shared humanity." Our actions in our own self-defense may succeed in ravaging the TMM but not succeed in ravaging the idea of shared humanity. Rather such action on all our parts will succeed in protecting and nurturing the idea of shared humanity.
blatham wrote:The claim and threat advanced by the administration is that those imprisoned and those not yet captured and held are out to destroy our freedoms and our values. But the fact and the irony is that they cannot do this. It can only be attempted by them. And it can only be accomplished by us ourselves.
If we or those we love are destroyed, then our freedoms or the freedoms of those we love, and our values or the values of those we love are destroyed.
No. That's wrong. If a gas explosion occurs in your house and two family members are killed, you have not lost your freedoms and liberties. If an innocent American is killed in a bus accident in Mexico, or killed by a gunman, your liberties and freedoms are not lost. If a terrorist blows up an apartment in Phoenix, your liberties and freedoms are not lost. During WW 2, with many Americans killed by an enemy, your freedoms and liberties were not lost. The ONLY way your liberties and freedoms can be lost is if either an occupying force controls you or if, and this is the real threat, you give them up (or some of them, or many of them) in order to attempt some impossible guarantee of security. The TMM have already done more than attempt to destroy some of us. The TMM have succeeded in destroying some of us.
Bush has been intensely criticized for not preventing 9/11/2001, even while many of those same critics greatly limited him and his predecessors in accomplishing that prevention.
That's really a strawman. Bush has been criticized, as Clarke criticized, not for failure in preventing 9-11 but for ignorning the level of threat and putting resources elsewhere in opposition to the advices of those most knowledgeable. As to prior stops on appropriate actions that might have been taken against Usama, you ought to refamiliarize yourself with the speeches the Tom Delay made when Clinton did attempt to act against Usama
I lived through WWII and saw what the actual consequences of delaying our coming to the defence of our fellow innocent human beings -- our shared humanity. I pray we have no more delays of that kind ever again. I pray we have no more failures to do what free people everywhere must do to truly protect and secure innocent people everywhere.
Inappropriate analogy. WW2 provides no justification for torture.
ican711nm wrote:Gelisgesti wrote:Isn't torture 'punishment meted out before conviction'?
Torture can come both before and/or after conviction. In deed it has.
And if the victim/s turn out nnocent?
Or do you just advocate torture of the guilty?
Gelisgesti wrote:ican711nm wrote:Gelisgesti wrote:Isn't torture 'punishment meted out before conviction'?
Torture can come both before and/or after conviction. In deed it has.
And if the victim/s turn out nnocent?
Or do you just advocate torture of the guilty?
Geli - don't convolute the process, are you trying to make things difficult or something...... we can always make them admit they are guilty, see
Given an Iraqi taken into custody and suspected of terrorist activity or knowledge thereof should the authorities in Iraq:
1. Afford the non U.S. citizen terrorist suspect all the legal rights and privileges of an American citizen? If so, we need go no further.
But this is the real world and there is the moral imperative to prevent further death and destruction. This is the responsibility the authorities in Iraq have been charged with.
ican711nm wrote:Gelisgesti wrote:Isn't torture 'punishment meted out before conviction'?
Torture can come both before and/or after conviction. In deed it has.
And if the victim/s turn out nnocent?
Or do you just advocate torture of the guilty?