rayban1 wrote:Goodfielder and Dlowan
You both had pertinent and well founded comments deserving of attention but the fact remains you are both very critical of our "Ham fisted" approach to the problem. Perhaps if both of you would "try" to put yourselves in the position of the guys involved, perhaps you could "monday morning quarterback" and tell us what you would have done and when you would have done it. It should be easy now that we know the consequences.
I think we deserve serious answers from both of you.
I am particularly interested in the way you would have dealt with the prisoners and what legal status you would have accorded them.
1. Would you have declared them POWs, entitled to all the privileges of POWs even though they did not wear uniforms.
2. Where would you have detained them and in what kind of facility?
3. Would you have questioned them?
4. If they were declared POWs, how long would you hold them?
5. What kind of guards would you use or would you just let them go?
These are fair questions and deserve serious answers since you seem to be the keepers of all moral values perhaps you will enlighten us callous, ham fisted mortals.
Of course I expect you to beg off on grounds that it is beyond the boundaries of this thread..........if that is the case, perhaps Lash would consent to expanding those boundaries?
Not at all - though I doubt you have read my comments, since you appear to go off on a number of tangents I never mentioned.
My criticism here was of abuse of prisoners such as that described in the FBI memos - and I have been critical of stuff like that revealed into the military's own invesigation into prisons in Afghanistan and Abu Ghraib.
But the answer is simple.
I would have expected that the USA would treat its prisoners in accord with its own laws and the international treaties it has signed onto and questioned them accordingly. You appear to have laws about what degree of duress is allowed. I propose that they be obeyed.
POW's/not POW's? I do not know - I am not a lawyer, though I have read various opinions about their status. I assume the US has laws and treaty obligations about both types of prisoner? I also assume that a facility like Guantanamo violates these - or it would not have been necessary to attempt to create a legal no-man's-land. I would advocate, again, that the US obeys its own laws and traty obligations in regard to their status and treatment.
How long to keep them? If they are POW's - one assumes that when a war is over there are guidelines about this. Is the war in Afghanistan declared to be over? Then obey your own laws re this.
If they are suspected terrorists - try them. I would have thought that stuff like access to the charges against them and stuff like that would be a reasonable beginning to such trials. Again, you guys have laws and regulations and a whole justice system. You have tried terrorists before. Use your laws.
What type of guards? Ones who obey your laws and regulations about their conduct. Isn't that generally expected of guards? All guards, everywhere, in my experience (in direct form, this is with civilian prisons) have a percentage who will abuse. The job of prison management is to ensure that this is limited, and wrong-doers punished.
(Interestingly, your own laws appear to be gradually encroaching into what is happening at Guantanamo. I note that the military tribunals, for instance, while still not meeting standards (which I understand to be excellent, having been worked on very hard by your own military legal folk, who protested about the processes envisaged for Guantanamo of normal US military tribunals, are now a little closer to normal.)
I would assume that none of your laws would would excuse the types of abuse that have occurred at times (I do not know how much and how often at Guantanamo)
I am interested that you persistently appear to regard criticism of abuse as preachy and a moral high ground. Why? What is it about people expressing opinions about prisoner abuse that engenders your rage? Is it also thus when you criticise the abuses of other countries?
You clearly hold the view that torture is permissible - what engenders such rage when others disagree?
What is your assumption that we are "the other guy"? Are you thinking of 9/11? That was a spectacular and horrific terror attack. Many countries have experienced terror attacks, though, and have had to grapple with dealing with it, and with how to view justice and counter-terrorism. Many have similarly by-passed their own legal processes in an attempt to do so. Britain is still dealing with the legal sequelae of this - and with having wrongfully imprisoned a number of people for many years. There is an ongoing debate about this - as there was in Germany when Bader-Meinhof etc waged terror campaigns. Thailand is fighting what is beginning to look like a possible Muslim insurgency and is experiencing a terror campaign. These ar ejust a couple of examples. You are not alone in having to deal with terror - many countries have been doing it for years.
What is different about you guys?
You may note that my initial post here was simply about not focusing on the being pissed off about the messenger's garb, but having a healthy debate in your government organs about what was happening in America's detention facilities. Do you object to such a debate?
We live next door to the largest Muslim country in the world - and one where - (especially post-Iraq) - pro-terror feeling is growing. I fully expect a terror campaign here in years to come.
Our complements in Iraq (though in Iraq against majority public opinion) and Afghanistan are doubtless in many ways of more political than practical use to the USA and great Britain - nonetheless they are there. A couple of our people got tainted by their actions in relation to Abu Ghraib - and an Oz SAS soldier in East Timor was accused of an atrocity (though the alleged victim was already dead.) I think there's a bit of us there, you know.
You guys are the only super-power - that is special - and because of your power you are on the pointy hard end of this. Otherwise I thought that we were all on the planet together - and all likely victims of global terrorism? I would have thought an international problem worthy of international debate.
There IS a debate about legal responses to terror - about how and to what extent laws should be shaped to fight it. I think it is a healthy one.
Now - how would you answer your owm questions?