IControlThePast said:
Your article looks a bit weird. I used the Red Cross as my source:
http://www.icrc.org/ihl.nsf/7c4d08d...6756482d86146898c125641e004aa3c5?OpenDocument
Article 5
"Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power...such persons shall nevertheless be treated with humanity
And such people certainly are. I have no problem with us giving them full POW treatment, as we are now.
and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention."
Note a trial is not mandatory, nor should it be. As they are held in humanitarian conditions, we are more than satisfying the legal obligations of Geneva.
A trial for each and every POW is unheard of in modern times, for good reasons, not just because it's not required by either International nor US law.
1. The media ruckuss caused by covering the various trials (and of course slanting things against our US Military will only serve to fuel the propaganda machine of our enemies.
2. Justice is not served by punishing the detainees with judiciary penalties (like death). Justice in this case is best served by detaining them for vital intelligence.
3. We'd enable Al-Quada to abuse our own legal system in pursuit of underming the entire system, which is exactly what they wish to do. We'd see them manipulate their International lawyers, grant them a media platform, and what is presumably an Islamic jury (a jury of peers) will send them off with a slap on the hand, given the 'complexities' of the issue. In the meantime...
3. We'd garner NO INTELLIGENCE from the start of such a trial for each and every key individual who is deemed worthy enough to be shipped to Gitmo. Of course this would close down our most important intelligence tool in this war against Islamic extremists. Their friends still blowing up Iraqis are breathing easier.
4. Foriegn nationals apprehended alive on the battlefield in Iraq suddenly have more rights than American citizens living under the Patriot act. This is just wrong.
5. Hundreds, perhaps thousands of active duty soldiers in the field have to return to testify at such trials, leaving a gaping hole in experienced, key personell who are currently still carrying the fight to them.
6. There is no possible way to conduct an investigation for the prosecution in an active war zone in a foreign country, nor supeaona information from various hostile or subversive nations about the individual, providing a particularly overriding advantage for the defence, which of course leaves them walking free to yet again carry up the fight against the now depleted American experts in the military, who are mostly shuttling back and forth to testify at each multi-million dollar and exclusively U.S. funded trial.
Those rights for us should mean a Judicial trial for a check on Executive Power.
Whoa, slow down there for a second. You just made a massive subject change. This is now US Constitutional law you're objecting to, not Geneva.
And like you really mean that if a Liberal were in power, you'd favour a conservative Supreme Court overriding the expressly assigned authority for conducting foreign policy due to the executive branch? You know that will be the case after another few terms of Conservative rule install conservative judges, just in time for the next Liberal in the not-so-far-off future. It will happen. And then you'll totally switch sides again. I've seen a pattern of arguments here, and it's really about how you hate Bush after all. I mean it's not you really personally
care about how these head chopping religious extremists don't get their own US sponsored show trial. It's clear to me now, you oppose Bush for personal reasons, and know very well how such show trials would undermine everything he hopes to accomplish in the war on terror. Isn't it? Even if it means we
lose the war on terror. I see now how AI operates and you'd just rather take up the party line, and not care a whit for the repercussions involved with what you speak of.