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#1
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Dave wrote:
Hardly a matter of "forgot." Some of us do apply a bit thinking with the head before shooting from the lip. Peter hadn't, in the post to which I responded, engaged in name calling. He had simply been guilty of muddled thinking. You're just saying that because you don't have an answer to his statement... the Bush Administration insists that the Gitmo prisoners are not POWs and refuses to accord them the rights due to such. All we have is the repeated contention that they are "enemy combatants" and therefor not due any process whatever. How can any American can think it's right to simply grab people and imprison them indefinitely, with no recourse to any legal procedure whatever? If they are enemies, then they are accorded the treatment due to prisoners. If they are terrorists, then they get a trial. If they are citizens of another country, we owe that gov't a legal process showing why we are holding them. DSK |
#2
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"DSK" wrote
You're just saying that because you don't have an answer to his statement... the Bush Administration insists that the Gitmo prisoners are not POWs and refuses to accord them the rights due to such. All we have is the repeated contention that they are "enemy combatants" and therefor not due any process whatever. How can any American can think it's right to simply grab people and imprison them indefinitely, with no recourse to any legal procedure whatever? If they are enemies, then they are accorded the treatment due to prisoners. If they are terrorists, then they get a trial. If they are citizens of another country, we owe that gov't a legal process showing why we are holding them. You are trying to apply logic to law but law is seldom logical. The rules say that a 'combatant' captured out of uniform need not be treated as a POW. He can be shot out of hand, held incommunicado indefinitely, even killed without trial, as a spy or saboteur. According to Bush, those held at Gitmo are in this special catagory. |
#3
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Doug,
If you think the Geneva Convention is a wonderful thing, I don't understand why you would want to weaken it by implying there's no advantage to signing it. Al-Qaida and the talliban do not play by the rules of the Geneva convention. The geneva convention that covers the rights of prisoners had it's standards set by civilized people. Al-Qaida and the Iraqi insurgents defy all the rules enshrined and symbolized by the Geneva Convention (and, often, the Koran) and yet administration critics piously demand that these thugs should be given all the benefits that come with being a signatory to it. Well, if the barbarians get all of the benefits of the Geneva Convention without obeying any of its rules, then it becomes not merely quaint, not merely worthless, but a tool of those who wish to overthrow all it stands for. Joe |
#4
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Joe wrote:
the benefits that come with being a signatory to it. Well, if the barbarians get all of the benefits of the Geneva Convention without obeying any of its rules, then it becomes not merely quaint, not merely worthless, but a tool of those who wish to overthrow all it stands for. Joe I think your understanding of the situation is rather puerile, one cannot call oneself "civilized" and at the same time resort to barbarianism: The Geneva Conventions apply to situations outside of war. I suggest you Google up the "Convention against Torture", I'll include a bit here for you to read: Article 16 1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture or references to other forms of cruel, inhuman or degrading treatment or punishment. Now I remind you that the USA is a signatory to this convention, there is nothing in this Convention that requires that detainees, of any ilk, must be from a nation that is also a signatory in order to receive the protection provided therein. Cheers Martin Joe ------------ And now a word from our sponsor ------------------ Want to have instant messaging, and chat rooms, and discussion groups for your local users or business, you need dbabble! -- See http://netwinsite.com/sponsor/sponsor_dbabble.htm ---- |
#5
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I suggest you google up what the Geneva convention says about spies.
Essentially, under the GC, the captives in Gitmo are spies. Article 46.-Spies 1. Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy. 2. A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces. 3. A member of the armed forces of a Party to the conflict who is a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value within that territory shall not be considered as engaging in espionage unless he does so through an act of false pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage. 4. A member of the armed forces of a Party to the conflict who is not a resident of territory occupied by an adverse Party and who has engaged in espionage in that territory shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured before he has rejoined the armed forces to which he belongs. I would welcome a cited excerpt of the GC, saying differently and describing the type of "warrior" OBL, AQ and fellow travellers are. Joe |
#6
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Joe wrote:
I suggest you google up what the Geneva convention says about spies. Are you suggesting that those captured on Afghan soil are spies? Cheers Martin ------------ And now a word from our sponsor --------------------- For a secure high performance FTP using SSL/TLS encryption upgrade to SurgeFTP ---- See http://netwinsite.com/sponsor/sponsor_surgeftp.htm ---- |
#7
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Fighting out of uniform for an army makes you a spy. The Geneva
convention is very clear on the matter. Joe |
#8
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In article .com,
Joe wrote: Doug, If you think the Geneva Convention is a wonderful thing, I don't understand why you would want to weaken it by implying there's no advantage to signing it. Al-Qaida and the talliban do not play by the rules of the Geneva convention. The geneva convention that covers the rights of prisoners had it's standards set by civilized people. The true test of a civilization is not how it treats good and decent people, but how it treats those who do evil. Our laws and constitution are designed not for majority rule, but rather to protect the minority from the majority. -- "j" ganz @@ www.sailnow.com |
#9
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Right you are Jon,
Lets set these guys up with a 7-11 store..... or give them shrimpboats. Joe |
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