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Faeelin
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Tau Ceti
Oct 2001 time: 05:17
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quote: Originally posted by Lars-E
The U.S is obviously not behaving as a civilised country. Who's surprised? Greatest democracy in the free world. NOT at all. Look to Europe and learn something ABOUT civilization. |
You mean:
1)The nazis
2) The spanish inquisition and other new world activities.
3) the french reign of terror
4) the british in ireland, or south arica, or in the sepoy rebellion
5) The Belgians in Africa
I'd go on, but I don't want to turn this into a troll.
Just reminding everyone that civilization aint all its cracked up to be.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:17
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Are we talking about Al-Queda prisoners or Taliban prisoners? Just curious.
I will say all of this talk about it not mattering what we do to them, etc., is kinda scary...if we can't give even our worst enemies equal protections and such - even if we don't, technically, have to - then what makes us better than them? Worse, who ELSE are we willing to deprive of due process? Maybe next it'll be POWs in general, then maybe violent criminals, down the slippery slope to political dissenters, maybe?
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MichaeltheGreat
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Apolyton Grand Executioner
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mooning the house that Ruth built.
Oct 1999 time: 21:17
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quote: Originally posted by Immortal Wombat
So they are not PoWs, so they are what? And does this what deserve a free trial? If not, I would be interested to know why.
So much for a war on terrorism...
Um... If they aren't soldiers by any definition, wouldn't killing them be homicide? |
They are "unlawful combatants" - meaning they have no legal status or protections. The fact that they aren't covered under the Geneva Convention does not make them civilians, or any other class of person protected under international law.
The Geneva Convention requirement (suitably vague) merely requires a "competent tribunal" meaning one constituted under some portion of the laws or military regulations of the country holding the prisoners - there's no time frame set for that, the only thing is that shooting them, or sentencing them to some confinement below the standards of the Geneva Convention, or hard labor for officers, etc., has to wait until after the tribunal.
Meanwhile, fenced in temporary holding facilities are not a violation of the GC - every army in the field has done that, and the US is building a maximum security prison specifically to house these people.
What should they get in the meantime? Rooms in the ****ing Four Seasons hotel in Miami?
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MichaeltheGreat
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Apolyton Grand Executioner
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mooning the house that Ruth built.
Oct 1999 time: 21:17
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quote: Originally posted by David Floyd
Are we talking about Al-Queda prisoners or Taliban prisoners? Just curious. |
Primarily, at least, al-Qaeda prisoners. I don't think the US has made the distinction (yet) between Taleban and al-Qaeda with regard to their combatant status, but these are mostly "special" prisoners handed over by the NA or other allied forces, or who we've captured directly and determined that we should keep, rather than return to local authority. A majority of Taleban have been allowed to just go home, a majority of al Qaeda are imprisoned by the Afghani government. We're holding the cream of the crop, so to speak, but from what I've read, very few of who we're holding are Taleban, and I haven't heard of any non-al Qaeda transferred to Gitmo yet.
quote: I will say all of this talk about it not mattering what we do to them, etc., is kinda scary...if we can't give even our worst enemies equal protections and such - even if we don't, technically, have to - then what makes us better than them? |
Technically has nothing to do with it - they have a status under international law as unlawful combatants, nothing in the US Constitution or other US law ever indicated the framer's intent that the protections extended to US residents were intended to be applied to hostile foreigners taken prisoner overseas in wartime. They don't have the legal rights under US or international law that ordinary civilians, or ordinary POW's have. That's not "technical" it's a deliberate exception made in the Geneva Convention.
Meanwhile, we're housing them in temporary facilities, feeding them, allowing them to practice their religion, providing them with Korans, etc. - all in accord with the Geneva Convention, despite some whiners who allege otherwise.
quote: Worse, who ELSE are we willing to deprive of due process? Maybe next it'll be POWs in general, then maybe violent criminals, down the slippery slope to political dissenters, maybe? |
Why don't you rephrase that to make it match reality, instead of your ideological prejudice. Eliminate the word "ELSE" because these *******s have NOT been deprived of "due process" and are being treated to a HIGHER STANDARD than they are due under relevant international law.
I know you desperately want to believe the evil Feds are gon' git you for your right-wing views, but it ain't happening, and you can't stretch the more than lawful detention of unlawful combatants from a terrorist organization taken prisoner in a foreign war to unconstitutional interference with the political rights of US citizens. 
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:17
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MtG, no I know what you're saying, and I know they have no Constitutional rights that have been violated. It seems to me, though, that we should just hold them as we would either normal prisoners, or POWs, and try them as such. I get bad vibes from terms such as "unlawful combatant" and things of that nature.
And believe me, I don't have rightwing views. Bush, Cheney, Ashcroft, etc., have right wing views, and I'm certainly not a big fan of that crowd 
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:17
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quote: If a non-signatory power commits acts that don't meet convention standards, they're not "punished" for not abiding by the Geneva convention, but they can be punished by the victorious power for violation of the rules and customs of war, as the Nazis were punished by various military tribunals and special tribunals after the war. |
That's my problem. Doing that is punishing a nation or a person for actions that weren't illegal according to the standards that nation or person went by, or was forced to go by. The Nazis in WW2 were only one example - there was no basis for punishing any of the Nazis, as their actions were perfectly legal according to German law, and punishing them is in effect telling them they should have taken another action that could have resulted in their imprisonment or death, which is making a moral judgement for another, when you didn't have to make that same judgement yourself. It's preposterous.
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lightblue
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L'Boro, UK
Oct 2001 time: 05:17
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Am I right in assuming that the people taken to Guantanamo are the real hardcore Al-Qaeda leadership people? And I assume that most of the Al-Qaeda/Taleban grunts have just been handed over to the Alliance?
As most of them are not Afghan, I reckon they're probably better off in US hands than in Alliance hands (who are probably slightly faster in summary justice).
I can't see any problems at all with the treatment. The whole sensory deprivation (ear muffs, blacked out goggles etc) is slightly disconcerting, but if that was only done for the trip and immediately after...
The rest of the procedures are seem to be fairly usual for highrisk, max security prisons. I really don't see what all the fuss is about, they are (or could be) killers and should be treated as such. I wouldn't go as far as saying that the inhumanity of their organisations actions means that they don't deserve some basic human rights, but they shouldn't expect anymore.
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Faeelin
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Tau Ceti
Oct 2001 time: 05:17
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If the USA was like the Romans, and if we were motivated by revenge, several middle eastern cities would vanish in mushroom clouds.
But we're not like the Romans. Or the Russians, come to that. So I suggest you explain what we're doign which violate their human rights.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:17
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quote: Three cheers for moral relativism. |
It's not moral relativism. I actually believe in absolute morals. It's saying, for example, "The Holocaust was morally wrong, yet it would also be wrong for us to punish you for it, because it did not violate your laws and we have no moral authority to impose our beliefs and laws upon you."
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