The Smoking Gun...

Discussion in 'Current Events' started by Bullypulpit, Jan 18, 2005.

  1. Bullypulpit
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    Bullypulpit Senior Member

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    <center><h1><font color=red>The Smoking Gun...</font></h1></center>

    As referenced in Alberto Gonzales' memo of January 25 of 2002, on January 18 of 2002, George W. Bush declared that the Geneva Convention did not apply to Al Qaeda and Taliban prisoners captured in Afghanistan. For the first time in over a century, since the US was signatory to the Second Geneva convention in 1882, the US government has decided not to honor its obligations under the Conventions.

    In 1956, the US signed and ratified the Fourth Geneva Convention. And it was in 1996 that Congress passed the War Crimes Act. Thus, a "grave breach of the GC is a federal crime punishable by the imprisonment of the violator "for life or any term of years". The GC also states, in no unclear language that,

    <blockquote>The High Contracting Parties undertake to respect and to ensure respect for the present Convention in <b>all</b> circumstances. - Article 1 (<i>emphasis mine</i>)</blockquote>

    The upshot of this, and the <a href=http://www.icrc.org/ihl.nsf/0/3dab115d29dffdcac12563cd0041fa3d?OpenDocument>ICRC analysis</a> of Article 1 agrees, is that nations signatory to the Geneva Convention are bound by its provisions under any and all circumstances. There can be no valid reason for failure to respect any part of the Convention.

    In denying Geneva Convention protections to Taliban and Al Qaeda prisoners, and later to prisoners in Iraq, which falls under Article III of the Convention as an occupied territory, the Bush administration has, in essence if not in fact, sought to subvert the Geneva Convention. This is a violation of federal law under the War Crimes Act of 1996. Thus it behooves the Senate to call for a special prosecutor to investigate this matter and, if warranted, begin impeachment proceedings for George W. Bush et al. Any who had a hand in the formulation and implementation this policy, beginning with Alberto Gonzales, former Deputy Attorney General John Yoo and Special Counsel Robert J. Delahunty, should be brought before the bar to answer for their actions in this matter as well.

    The smoking gun has been found. All that remains to be seen now, is whether anyone is possessed of the courage to use the evidence before us and bring a close to this sorry chapter in American history.
     
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  2. freeandfun1
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    freeandfun1 VIP Member

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    Please quote, in detail, the portion of the GC violated. Or are we just supposed to trust you?
     
  3. Bullypulpit
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    Bullypulpit Senior Member

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    "The upshot of this, and the ICRC analysis of Article 1 agrees, is that nations signatory to the Geneva Convention are bound by its provisions under any and all circumstances. There can be no valid reason for failure to respect any part of the Convention."

    And, don't forget, The War Crimes Act of 1996,
     
  4. freeandfun1
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    freeandfun1 VIP Member

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    But which provision (convention) is being violated? Please enlighten us.

    And please provide a detailed example. Not just hyberbole.
     
  5. freeandfun1
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    freeandfun1 VIP Member

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    Hell bully, the title of the section you cite is:

    Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949.

    If they do not belong to an Armed Force, it does not apply.

    There was no "state" in Afghanistan. There was just a rag-tag group of CRIMINALS.
     
  6. Annie
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    Annie Diamond Member

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    Bully to deal with this you'd really need to be an international lawyer with military justice background. From what I can find, it really depends on whether or not the 'enemy' combatants are 'legal' or 'illegal.' Almost by definition, 'terrorists' are illegal, since they are not affiliated with a state.

    But heck, I'm not a lawyer.
     
  7. Merlin1047
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    Merlin1047 Senior Member

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    I doubt very seriously that Bully gives a rat's ass about the Geneva Convention except in the context that here is another rock he can throw at the Bush administration.
     
  8. sagegirl
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    sagegirl Member

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    It can be so very simple.....just say they will apply and enforce that position.
     
  9. Bullypulpit
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    Bullypulpit Senior Member

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    As usual, you're wrong.
     
  10. Bullypulpit
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    Bullypulpit Senior Member

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    <blockquote> PART I


    GENERAL PROVISIONS


    Article 1. The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.</blockquote>

    As far as Afghanistan being a state, prior to 9/11 of Afghanistan, the Administration was involved in negotiations with the Taliban with regards to building an oil and natural gas pipeline through Afghanistan. One does not engage in such negotiations with "...a rag-tag group of CRIMINALS...".
     

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