Discussion in 'Politics' started by JimH52, Dec 21, 2008.
George's Bottom Line
Biden not ruling out taking actions against them.
The Geneva Convention `catch’
By Rosa Brooks
June 30, 2006 in print edition B-13
THE SUPREME Court on Thursday dealt the Bush administration a stinging rebuke, declaring in Hamdan vs. Rumsfeld that military commissions for trying terrorist suspects violate both U.S. military law and the Geneva Convention.
But the real blockbuster in the Hamdan decision is the court’s holding that Common Article 3 of the Geneva Convention applies to the conflict with Al Qaeda – a holding that makes high-ranking Bush administration officials potentially subject to prosecution under the federal War Crimes Act.
The provisions of the Geneva Convention were intended to protect noncombatants – including prisoners – in times of armed conflict. But as the administration has repeatedly noted, most of these protections apply only to conflicts between states. Because Al Qaeda is not a state, the administration argued that the Geneva Convention didn’t apply to the war on terror. These assertions gave the administration’s arguments about the legal framework for fighting terrorism a through-the-looking-glass quality. On the one hand, the administration argued that the struggle against terrorism was a war, subject only to the law of war, not U.S. criminal or constitutional law. On the other hand, the administration said the Geneva Convention didn’t apply to the war with Al Qaeda, which put the war on terror in an anything-goes legal limbo.
This novel theory served as the administration’s legal cover for a wide range of questionable tactics, ranging from the Guantanamo military tribunals to administration efforts to hold even U.S. citizens indefinitely without counsel, charge or trial.
Perhaps most troubling, it allowed the administration to claim that detained terrorism suspects could be subjected to interrogation techniques that constitute torture or cruel, inhuman and degrading treatment under international law, such as “waterboarding,” placing prisoners in painful physical positions, sexual humiliation and extreme sleep deprivation.
The Geneva Convention `catch' - Los Angeles Times
Posted on: June 25, 2008 9:16 AM, by Ed Brayton
A new report put out by Physicians for Human Rights documents multiple instances of torture and abuse of prisoners by American personnel at Guantanamo Bay, in Iraq and in other prisons on military bases around the world. Maj. Gen. Antonio Taguba, who led the Pentagon's investigation into the abuses at Abu Ghraib, minces no words in the introduction to the report:
After years of disclosures by government investigations, media accounts, and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes. The only question is whether those who ordered the use of torture will be held to account.
Once again, this is not coming from someone that can be dismissed by Bush apologists as some wild-eyed liberal ACLU type. This is the man that the Pentagon picked to investigate a major incident of abuse. And there is more, both in Taguba's introduction to the report and in the report itself. His full statement below the fold.
This report tells the largely untold human story of what happened to detainees in our custody when the Commander-in-Chief and those under him authorized a systematic regime of torture. This story is not only written in words: It is scrawled for the rest of these individual's lives on their bodies and minds. Our national honor is stained by the indignity and inhumane treatment these men received from their captors.
The profiles of these eleven former detainees, none of whom were ever charged with a crime or told why they were detained, are tragic and brutal rebuttals to those who claim that torture is ever justified. Through the experiences of these men in Iraq, Afghanistan, and Guantanamo Bay, we can see the full-scope of the damage this illegal and unsound policy has inflicted --both on America's institutions and our nation's founding values, which the military, intelligence services, and our justice system are duty-bound to defend.
Dispatches from the Culture Wars: Retired General: Bush Administration Committed War Crimes
An illogical decision such as this just proves the members of the SASC are morons.
Biden can't take action against a wet dream.
They were in charge.
Ergo, they are responsible for what happened on their watch.
I don't much care if they ordered these crimes, or they merely weren't competent enough to prevent them, they are responsible because they were in charge.
I'm a old time kinda guy in that respect.
The captian of the ship is ultimately responsible for his crew's actions and the well being of the ship under his command.
1) That only goes so far, and you know it. While it is always lip service when we hear this, those in upper echelons are not always ultimately responsible for the actions of those below or for preventing all of said actions. There is a little thing called free will and personal choice which are not totally controllable.
2) And it is the MAJOR key here if they did order these 'crimes'. And there is no evidence whatsoever that any criminal order was ever issued. To 'not care' or to simply ignore this in an attempt to yet again 'stick it' to this administration, is simply laughable.
I hope they go after them, then we can get to that needed civil war. We can finally run the liberals out at gun point.
Trust me when I tell you, there are more of US than there are of YOU! so good luck wth running us out of the country at gun point you freakin looney fuck!
I find it disgusting that those on the right are so willing to look the other way regarding the crimes committed by this administration but ya'll wanted to run Clinton out of office on a rail for getting blown and lying about it! where the fuck is your common sense people?
The things this administration ALLOWED to happen are deplorable! they go against EVERYTHING this country has EVER stood for! There is no getting around the fact that crimes were committed and SOMEONE should be made to face those consequences!
and sorry but to say that the higher ups don't always know what is going on? what kind of mamby pamby cop-out bullshit is that? If the higher-ups didn't know what was happening they were negligent in their duties as commanders and therefore are just as responsible as if they had known! They were in charge, it was their JOB to know!
Separate names with a comma.