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What's happening with those poor devils at Camp Xray ???

 
 
Scrat
 
  1  
Reply Tue 16 Dec, 2003 11:40 am
gozmo wrote:
Scrat wrote:
blatham wrote:
Does anyone find it a bit unbalanced that Sadaam will be held and tried in conditions completely unlike those fellows above?

Does anyone not get that Saddam falls into a very different category than they?


Apparently you don't understand what you read. Saddam is in a totally different category because he is a big time bad guy but he is treated as a prisoner of war ...

Apparently you don't understand international law in general and the Geneva Convention in specific. Rolling Eyes
0 Replies
 
Sofia
 
  1  
Reply Tue 16 Dec, 2003 11:40 am
Walter Hinteler wrote:



Even in the times of the 30-years-war people got more respect in fights/wars.

Could you elaborate, Walter? What respect?
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Sofia
 
  1  
Reply Tue 16 Dec, 2003 11:41 am
Blatham--
How do you know Saddam is getting different treatment? They all got checked for lice and such...
Did you think we'd throw him in at Gitmo?
0 Replies
 
gozmo
 
  1  
Reply Tue 16 Dec, 2003 11:42 am
Scrat wrote:
Anyone care to tell me what this David Hicks did? Or did the US go over and snatch him out of his bed in Bumwalla Falls?


He joined the Taliban and happened to get in the way of an American invasion. According to the law of this country he has not committed any crime. I also think that is true in respect of the laws of your country.

Earlier you expressed concern about prisoners being greeted as heroes when they return. This will not happen to Hicks. He made a decision that few Australians agree with but we realise that he has not committed a crime.

You seem to be one of those who equates custody with guilt.
0 Replies
 
gozmo
 
  1  
Reply Tue 16 Dec, 2003 11:45 am
Yes Blatham they were chivalrous then. If the city surrendered everyone should be spared if not everyone was killed. That included women and children. Good simple rules. The sort of thing Sofia would support.
0 Replies
 
Scrat
 
  1  
Reply Tue 16 Dec, 2003 11:54 am
gozmo wrote:
Scrat wrote:
Anyone care to tell me what this David Hicks did? Or did the US go over and snatch him out of his bed in Bumwalla Falls?


He joined the Taliban and happened to get in the way of an American invasion. According to the law of this country he has not committed any crime. I also think that is true in respect of the laws of your country.

Earlier you expressed concern about prisoners being greeted as heroes when they return.

I did? No, I don't think so. You might want to get clear as to who has written what here. Rolling Eyes

Quote:
You seem to be one of those who equates custody with guilt.

No. Neither am I one who equates it with innocence. :wink:
0 Replies
 
Thomas
 
  1  
Reply Tue 16 Dec, 2003 12:00 pm
Walter Hinteler wrote:
Even in the times of the 30-years-war people got more respect in fights/wars.

Sorry about the stab in the back, Walter, but have you read "Simplicus Simplicissimus"? It's a contemporary account of what the 30 year war looked like on the ground level, and it strikes me as strong evidence against your claim. I don't see eye to eye with how "the land of the free" detains people in Guantanamo Bay, but they aren't that bad.
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Walter Hinteler
 
  1  
Reply Tue 16 Dec, 2003 12:02 pm
Sofia wrote:
Walter Hinteler wrote:


Could you elaborate, Walter? What respect?


For the lives of captured, Sofia.
In 17th century this was only done by "christian moral" - which wasn't, agreed, very high - 'Hugo Grotius' may be the keyword and the "code of chivalry".- and became even lower during the next decades (n.b. the Napolionic Wars.
Protection by rule of law for the lower orders, however, had to await the acceptance of principles of humanity that took a distinctive form in the 19th century.


And when you look up what Henri Dunant and Francis Liber said, what was written in the 'Declaration ofSt. Petersburg' (1868) and in the two treaties of Den Haag, you surely will find that no opposing army had had the "right" to kill you, just because to the fact that your army/nation lost.


I do know, however, that this happened and will happen. (Not everyone obeys the laws - civilian or soldier.)
0 Replies
 
gozmo
 
  1  
Reply Tue 16 Dec, 2003 12:03 pm
McGentrix,

Only americans think they are guilty of anything. The rest of the world knows they are not. It is not a crime to defend yourself when attacked. If that were the case Roosevelt committed a crime when he retaliated after Pearl Harbour. We both know that is ridiculous. I repeat, it is not a crime to defend yourself. I know you are not stupid but you are obtuse about this. Forget your political affiliations and consider these cases on the merits. There are no charges because there is no evidence because there is no law that prevents soldiers in or out of uniform from defending themselves.
0 Replies
 
Walter Hinteler
 
  1  
Reply Tue 16 Dec, 2003 12:06 pm
Thomas wrote:
but have you read "Simplicus Simplicissimus"? It's a contemporary account of what the 30 year war looked like on the ground level, and it strikes me as strong evidence against your claim.


I've read the Simplicissimus - actualy I live in a region, where parts of it took place (and one of our favourite restaurants used to be a windmill, he described.)

Certainly I know about that. My "timeline" was badly set :wink:
0 Replies
 
gozmo
 
  1  
Reply Tue 16 Dec, 2003 12:07 pm
Sorry Blatham I was thinking of the hundred years war and that sweet butchering prince Henry V of England.
0 Replies
 
gozmo
 
  1  
Reply Tue 16 Dec, 2003 12:23 pm
Sorry Scrat, it was McGentrix.
0 Replies
 
Fedral
 
  1  
Reply Tue 16 Dec, 2003 12:26 pm
gozmo wrote:
OK feral

You said:
"No sympathy here.
No uniform = Not a 'regular' soldier = Not covered by Geneva Convention"

Hey they weren't wearing uniforms when they fought the west's war against the Russians. So I must assume you also believe the summary executions carried out by the Russians were legal.


Actually, yes. The Russians were well within their rights in summarily executing non uniformed fighters conducting guerilla attacks on them.

gozmo wrote:

There ain't two sets of rules. It took a long time to get Pinochet but we got him. Let me assure you Bush, Blair, Howard and others will one day face trial for their actions. There are too many of us who are fed up with their hypocrisy to allow them to escape. The only way we will get a better world is to ensure their like are punished. What a list it will make Pinochet, Milosevic, Bush , Blair..................

Come out from behind your flag and look what has been done in its name.


Gozmo,
I'd like for you to show me the pictures of the mass grave that were filled by Bush and Blair. Perhaps you can link some pics of the American torture chambers. While you are at it, can you show me the millions of Iranians, Kurds, Kuaitis and Iraqis that were killed over the past 20 years of Bush and Blairs reign of terror? Rolling Eyes
With the way the United States armed forces feel about their current Commander in Chief, the day you decide to come for him to put him on trial you had best bring a lot of friends.
I'd suggest the combined armies of the rest of the world, and even then you will be on the short end of that stick.
0 Replies
 
McGentrix
 
  1  
Reply Tue 16 Dec, 2003 12:29 pm
gozmo wrote:
McGentrix,

Only americans think they are guilty of anything. The rest of the world knows they are not. It is not a crime to defend yourself when attacked. If that were the case Roosevelt committed a crime when he retaliated after Pearl Harbour. We both know that is ridiculous. I repeat, it is not a crime to defend yourself. I know you are not stupid but you are obtuse about this. Forget your political affiliations and consider these cases on the merits. There are no charges because there is no evidence because there is no law that prevents soldiers in or out of uniform from defending themselves.


Hmmm...Let's see if I can do this nicely.

9-11 Al-Queda launched an attack on the US. Osama declared war on the US. Bush said "Wait a minute! Who did this? Bin Laden? He lives where? Afghanistan?" The Taliban administration was told that they can run their country, but we want Osama. You have him. You are harboring a known terrorist. If you protect the terrorist, you are a terrorist. We went to the UN and the world declared war on the taliban. It was not an "American Invasion", it was a world invasion.
Keep in mind that NATO and the UN have control of Afghanistan right now as the Taliban is no longer supporting Al Queda.

Now, during this invasion by the world, there was an army of UN people who had a mission. get rid of the Taliban. They enlisted help from the Northern alliance, a well known anti-Taliban group who formed an army. They followed the rules set up by the UN. Everybody followed the rules of the UN and the Geneva convention. You may have noticed that anyone who fought as a soldier did not get shipped off to gitmo, rather they were treated as POW's and given the respect and treatment allowed to them. Others decided to blend in to the citizenry, target civilians, perform guerilla style attacks on uniformed soldiers, and generally try to be pains in the ass. They did not follow the rules of the UN. They were illegal combatants who put many innocent lives at risk from retalliation from ally troops.

Now the people that we captured who could not be classified as POW's couldn't just be released, as then they would just resume their activities. The Northern alliance would have just killed them for war crimes so something had to be done with them. A majority of them belonged to Al Queada and had information relevent to the ending of the Al Queda information. It was in the best interests of the US to try to get what information they could from these illegal combatants as it could potentially save lives.

So, now they sit in their cells in guantanamo, granted it may not be the best place for them, but, it's better than being dead. They have been found to be illegal combatants in a war. They had every option to leave, throw down their weapons and leave, or just surrender. they didn't. They continued to fight illegally and now they are paying the price. We all live with our decisions and now they are.
0 Replies
 
gozmo
 
  1  
Reply Tue 16 Dec, 2003 06:45 pm
McGentrix,

Warlords have control of Afghanistan now.

I agreed with the incursion into Afghanistan for the purpose of capturing Bin Laden. I agree that in war prisoners may be held in POW camps. I even agree that the camp is best located away from the conflict. I think somewhere like Qatar would have been appropriate in this case.

I do not agree with random bombing. I do not agree with the careless killing of innocents. I do not agree with POW's being shackled and held in solitary confinement. I do not agree with the illegal detention of captured combatants for two years beyond the conflict. I do not agree with the US DoD making up crimes and punishment on the run.

I will not dishonour the victims of 9/11.
0 Replies
 
Sofia
 
  1  
Reply Tue 16 Dec, 2003 06:58 pm
gozmo wrote:
Yes Blatham they were chivalrous then. If the city surrendered everyone should be spared if not everyone was killed. That included women and children. Good simple rules. The sort of thing Sofia would support.

Well.

You did spell my name right...
0 Replies
 
gozmo
 
  1  
Reply Tue 16 Dec, 2003 07:21 pm
Fedral,

I invite you to peruse material at the link below.

http://www.unhchr.ch/html/menu3/b/91.htm
0 Replies
 
roger
 
  1  
Reply Tue 16 Dec, 2003 08:40 pm
Quote:
2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:

(a) That of being commanded by a person responsible for his subordinates;

(b) That of having a fixed distinctive sign recognizable at a distance;

(c) That of carrying arms openly;

(d) That of conducting their operations in accordance with the laws and customs of war.

3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.


That link was just enormous, gozmo, and I confess to not having read the whole thing before extracting the above quote. It looks like (b) above, which I highlighted in blue does not say exactly what you would like it to. Now, my point isn't that they are either prisoners of war or not. They are either POWs or they are criminals. One or the other, and either way entitled to some rights - criminals less than POWs, but still rights.
0 Replies
 
gozmo
 
  1  
Reply Tue 16 Dec, 2003 09:20 pm
roger,

I think it relevant that members of the Taliban comprised the forces of the de facto government in Afghanistan and are covered under the first clause of Article 4:
"1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. "
The condition you cite is relevant to other militias referred to in clause 2.

Your point that they are entitled to rights regardless of status is well taken.

Let's allow for a moment that they are criminals subject to US jurisdiction. In those circumstances surely their rights would be those of any accused in the US. I think they would welcome that status.

I do not advocate the release of any who are criminals but I think after two years criminal proceedings ought be completed.
0 Replies
 
roger
 
  1  
Reply Tue 16 Dec, 2003 09:29 pm
Okay, that does seem to apply. Should have read farther and deeper, but I just hate reading on the monitor.
0 Replies
 
 

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