Comrade said:
I'm only following the law with respect to your own linked supreme court rulings. Which explicitely state that the current military tribunals are not sufficient for habeus corpus, and that the prisoner should be returned to the general Gitmo detainee population immediately. You presume somehow that this same Supreme Court ruling said that this prisoner must then be immediately reinstated to a trial with full US citizen rights. Which is absolute fantasy.
At the time, the tribunals weren't ruled to be sufficient, so they court said competent tribunals were needed, and then things would be fine.
Per Se. Meaning in this particular case. Which was a poor choice on your part to quote as an example of a case which required a legal trial.
www.m-w.com Webster's Definition
Per se: by, of, or in itself or oneself or themselves : as such : INTRINSICALLY
Apparently not this one. Next petitioner, please.
What part of "the government
must convene a competent tribunal...and seek a specific determination as to Hamdan's status under the Geneva Conventions" (18) did you not understand?
You were arguing that based on International and U.S. law, a trial should be granted to Gitmo detainee. You used a link which explicitely stated a ruling to the contrary. You're far beyond the point of backtracking this to personal opinon at this point. Please prove your assertation based on links to Geneva or U.S.A. code, as you insisted earlier. Or else leave your own feelings out of it.
There is no legal ruling as of yet that there must be a trial. A minimum of a competent tribunal must be granted, but I'm arguing that using the Judicial Branch would be a more competent tribunal, and therefore an even better solution. There is no legal case for this, but you're allowed to argue outside of these cases, take something like this to the Supreme Court for a new ruling. For that to happen, the defense must provide contrary arguments, which you still haven't done.
Yes, he MAY be tried. That is, per the choice of the government, who wishes to remove his rights or punish him per the military code of justice.
Or he may be held indefinately until the resolution of conflict.
Right?
RIGHT?
No, he must be tried. "The government
MUST convene a competent tribunal...and seek a specific determination as to Hamdan's status under the Geneva Conventions." (18)
We have no such mandatory tribunals. Or else I assume you can link to such law in either International or U.S. law.
The court ruled that Common Article 3 of the Geneva Convention applied. This article can supposedly be found in all the conventions, but my source is the Third:
http://www.icrc.org/IHL.nsf/0/6fef854a3517b75ac125641e004a9e68?OpenDocument
"Art 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following
provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d)
the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples."
then there is also this:
"Art 103. Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of national security. In no circumstances shall this confinement exceed three months."
But he is afforded humanitarian treatement, and therefore remains in legal limbo, in line with both International and U.S. law. Contrary to what you insistently state otherwise.
http://www.au.af.mil/au/awc/awcgate/ucmj.htm#SUBCHAPTER II. APPREHENSION AND RESTRAINT
Uniform Code of Military Justice
"ART. 10. RESTRAINT OF PERSONS CHARGED WITH OFFENSES
Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him."
"ART. 13 PUNISHMENT PROHIBITED BEFORE TRIAL
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline. "
Now, from the court case:
"Article 10 of the UCMJ provides a speedy trial right...Article 13 states the pre-trial detention should not be more rigorous than required" (28-9).
And therefore he won't be tried, and left in captivity, accorded to both International and U.S. law, unles you can link to and prove otherwise.
"The government
must convene a competent tribunal...and seek a specific determination as to Hamdan's status under the Geneva Conventions." (18)
Or no trial at all, which is accorded per both International and U.S. law, despite your insistence to the contrary, despite your inability to link to such text and prove otherwise. This is getting old. Can you quote Geneva yet?
You know, I figured you were smarter than this. In the court case, the government doesn't argue that the length of the pre-trial detention is in violation with the Geneva Conventions, as was ruled in this case, which is why the government must convene a tribunal. The government knew it would lose that case. They argued that the courts didn't have the jurisdiction to make a ruling on this.