thethinkfactory wrote:Interesting Article Tico:
However it is fatally flawed in at least two ways:
1) The Berg beheadings and the like were done in Iraq - and not necessarily Al Queda operatives. Terrorists, sure, but this is a strict equation from Al Queda to Iraq - one thing the author is saying should not be done.
Okay, sure, nothing's been proven ... but the title of the video was "
Abu Musab al-Zarqawi shown slaughtering an American." The statement in the video was signed by al-Zarqawi. If not AQ, who? And does it matter?
Quote:2) Debra Law was clear in her quotation of precedence that signing the Geneva convention does not matter when dealing with enemy combatants.
Debra has also correctly stated that the Geneva Conventions do not apply to terrorists. The point she makes in that regard is that there ought to be a hearing to determine their status.
Quote:"This sentence: A response to criminal action by individual soldiers should begin with the military justice system, rather than efforts to impose a one-size-fits-all policy to cover both Iraqi saboteurs and al Qaeda operatives. That is because the conflict with al Qaeda is not governed by the Geneva Conventions, which applies only to international conflicts between states that have signed them. Al Qaeda is not a nation-state, and its members--as they demonstrated so horrifically on Sept. 11, 2001--violate the very core principle of the laws of war by targeting innocent civilians for destruction. While Taliban fighters had an initial claim to protection under the conventions (since Afghanistan signed the treaties), they lost POW status by failing to obey the standards of conduct for legal combatants: wearing uniforms, a responsible command structure, and obeying the laws of war."
goes directly against this precendence.
As said before, the Geneva Conventions do not apply to terrorists.
Quote:Furthermore, why did we seek a declaration of war when we sought retribution for 9/11 attacks? If they have no nation state, no infastructure, no uniforms, how come I see training camp videos where they all are wearing the SAME black hoods, being trained by SUPERIOR officers, and we even have hierarchies on TV every time we capture someone that says things like "Bin Laden's second in command"
They wear hoods to conceal their identities. Surely you don't contend their black hoods constitute a "distinctive emblem"? This requirement is designed to protect civilians, because when combatants are able to hide within the civilian population there is an much higher chance that civilians will suffer casualties.
And who is claiming they don't/didn't have an infrastructure? What's important is that they don't meet the four conditions of "belligerent status" contained in Hague IV and Geneva III: a responsible commander, distinctive signs/emblems, open arms, and operating in accord with the laws of war. One thing about the Taliban, though: they certainly carried their arms openly ... but that's just a societal norm, and not in keeping with international laws of war.
Quote:3) If Geneva convention does not apply to detainees (despite multiple detainee's national status) then what does?
That's a fair question ... I imagine the Uniform Code of Military Justice. They ought to eventually be tried by a military tribunal for war crimes, which will afford them due process.
Quote:As was stated very clearly before:
a) This has been done before by the Japanese which we came to the decision was unlawful and immoral.
b) What IS the legal status of the detainees if not POW. The do not deserve to be tried in American legal courts - that we know.
This leads us to the concept that it seems immoral to suspend all of the God given rights a human has without any sort of proof that those rights deserve to be suspended.
We all know suspending a humans rights without proof is immoral - in order to morally prove that a crime against humanity has been committed we need some sort of hearing or trial.
What is the mystery here?
TF
A
Combatant Status Review Tribunal has been created to determine whether a detainee is properly detained as an "enemy combatant" for purposes of continued detention. If we need another trubunal to determine status under the GC, we should hold that.
In the meantime, the UCMJ governs the behavior of the military guarding these folks, they shouldn't be tortured, and we should prosecute those who commit such acts.
What is it, exactly, that you feel the Geneva Conventions would afford these detainees that they do not presently enjoy? A monthly advance of pay? The ability to have and consult personal financial accounts? The ability to receive scientific equipment, musical instruments, or sports outfits? Access to a canteen to purchase food, soap and tobacco?