Thomas wrote:Cycloptichorn wrote:You are quite trusting, I must say, Okie
Cycloptichorn
Come on, Okie already admitted he needs to brush up on the details of this. That's a promising start. No need to jump on him for giving his government the benefit of the doubt.
This link's debate seems to capture the debate about this about the best.
http://www.cfr.org/publication/12555/are_civilian_courts_appropriate_for_prosecuting_individuals_classified_as_enemy_combatants.html
And this quote of Rivkin seems to capture what I also believe about this:
"Fourth, the fundamental difference between Karen and me is that, deep down, she does not really accept the proposition that we are at war. This is evident in her remarks about civilian courts having been successful in trying terrorists. This may be true, but enemy combatants captured in time of war are different than peacetime terrorists and should be treated differently. Just like a war cannot be successfully fought without using military force, it cannot be waged properly without employing war's unique legal architecture."
Without going into detail, Thomas, I think it should be self evident that the conditions of war do not lend themselves to the requirements of a traditional court system where evidence, witnesses, and other considerations are entered into the equation. Just a couple of things that come to mind is that reading an enemy combatant his rights and collecting evidence are just not commonly attainable in wartime situations. Also, the problem of suitable witnesses arise, and a whole host of other problems. Besides fighting a war, do we need to hire a few thousand crime scene investigators and forensic experts, and so on? All of this strikes me as utterly preposterous.
In regard to the court martial, again, I have not gotten very far in reading about that, but it is apparent it is meant first and foremost for the members of our own military. As I read it, it might also be possibly used for terrorists under the same rules as used for that venue, for war crimes, but the use of the military commissions appears to be more suited to the problem.
Again, Thomas, it is not difficult for me to understand and believe that our military is very likely following the best solution for this problem. Nobody is claiming the solution is perfect, not by a long shot, but is any solution during war a perfect one? It seems to me that too many people simply stick their heads in the sand and pretend the detainees are all picked up for no reason, and that they are all harmless. Why is it that so many people rush to constantly nitpick and criticize the United States for trying to fix a problem?