and they'll go free to kill more Americans. :mad:
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and they'll go free to kill more Americans. :mad:
Agree; I am not an authority on the subject but since these enemy combatants ( prisoners) were not in uniform, they are not entitled to a trial in my opinion. I think that is how it works in other countries.Quote:
Originally Posted by gator
Under the Geneva and Hague Conventions, irregular forces who do not openly carry arms, wear uniforms, or deliberately blur the distinction between themselves and non-combatants are not accorded POW status. POWs don't get trials because they are combatants and are accountable to a chain of command. A trial criminalizes legitimate wartime conduct. Note that Gerrmany and Japan never conducted trials of Allied POWs, nor did the Allies trie Axis POWs during the war, and after the war, the only charges that were brought against any of the war crimes defendents were specific violations of the Geneva Conventions, such as murder of non-combatants or deliberate destruction of protected sites. One of the reasons that the Nuremburg tribunals (and yes, they were military tribunals, not civilian trials) were so very carefully managed was to ensure that they did not become simply a means of exacting revenge on a defeated enemy, but a genuine inquiry into conduct that was in violation of the recognized laws and norms of warfare.Quote:
Originally Posted by lacarnut
POWs can be detained until the cessation of hostilities and then, if they are suspected of war crimes, they may be tried, but trials during wartime are confined to spies and saboteurs of domestic origin. Unlawful combatants, such as the Al Qaeda terrorists, are supposed to get trials if they are not recognized as acting under the lawful authority of a combatant command, but the trials are conducted by the nations in which they committed their crimes. If the left wants them tried, we should extradict them to Afghanistan and Iraq for trial. Somehow, though, I doubt that American trial lawyers would enjoy trying to explain to a jury of Iraqi Kurds or Shia that an Al Qaeda thug from Pakistan raped and murdered their relatives because he was a victim of imperialism.
Hell, IIRC the GC states that they could be executed without trial.Quote:
Originally Posted by lacarnut
I think we should free all the scum at Gitmo.
And then walk them to a nice cliff over the beautiful shark infested waters
of the Carib and point the way to Mecca! :D
Oh...we'll also give em a ZipLoc baggie for their Koran's.
Right on, but who doesn't have Obama in their back pocket? I'm sure they're generously donating to him.Quote:
Originally Posted by gator
[QUOTE=noonwitch;6952]I personally agree with their decision-not because I am sympathetic to the individuals involved, but because of the principle of a fair trial that we base our legal system upon is an important principle-we criticize other countries when they institute secret "kangaroo" courts, we can't be doing the same thing and expect to be respected by other nations.
QUOTE]
Miilitary Tribunals would have assured a fair trial without the leaks that our court system allowed when Clintoon tried the WTC terrorists. The leaks lead to disclosure of EXACTLY how to bring down the towers using a BFA. (Big F****** Airplane).
Agreed! I said essentially the same on another similar post. We do not OWE rights to NON- CITIZENS. Why can't these LIBIOTS understand this?Quote:
Originally Posted by gator
Yep. And the current trials would expose our men on the battlefield and in intelligence. It would jeopardize ongoing intelligence operations and risk the lives of our men.Quote:
Originally Posted by AmPat
Quote:
Originally Posted by Constitutionally Speaking
Court Transcript
US Vs. Ali A'li Aksa n'fre
Testimony of prosecution witness, US Army SPC Robert Moore
11 September 2009:
Defense attorney Ron Kuby: Would you state your name for the record, please?
US Army SPC Robert Moore: Robert Moore.
Defense attorney Ron Kuby: Lieutenant Moore, would it be fair to say that you dislike people of Middle Eastern descent...?
US Army SPC Robert Moore: Uh, sir, I'm not a lieutenant, I'm enlisted...
Defense attorney Ron Kuby: Non responsive! Move to strike! Your honor, please direct the witness to answer the question!
Presiding Judge: The witness will answer the question.
US Army SPC Robert Moore: Uh, no sir. I don't really have a problem with the people of Iraq.
Defense attorney Ron Kuby: And yet you invaded their country, with machine guns, grenades, tanks and jet planes, did you not?
US Army SPC Robert Moore: Sir, I'm not a pilot or a tanker, I just drive a fuel truck...
Defense attorney Ron Kuby: Non responsive! Move to strike! Your honor, please direct the witness to answer the question!
Presiding Judge: The witness will answer the question.
Defense attorney Ron Kuby: Did you, in fact, invade Iraq?
US Army SPC Robert Moore: Well, yes, sir, I was part of the invasion force... But I wasn't the only one. I was part of a much larger unit...
Defense attorney Ron Kuby: So that makes it okay? That everyone does it?
US Army SPC Robert Moore: No! I mean, that's not what I meant! I mean that I didn't...
Defense attorney Ron Kuby: Nevermind. We'll move on. Do you recall your actions on November 3rd, 2004?
US Army SPC Robert Moore: Yes, sir. My column was hit by an IED.
Defense attorney Ron Kuby: And you captured my client at that time?
US Army SPC Robert Moore: Uh, yes, sir. We caught him just outside of the blast area with several detonators made from cell phones, a copy of "IEDs for Dummies" and a videotape of the detonation.
Defense attorney Ron Kuby: I see... And the person that you captured, is he in this courtroom today?
US Army SPC Robert Moore: Yes, sir. That's him, over there. (Indicates the defendent)
Defense attorney Ron Kuby: And you're sure that it was my client?
US Army SPC Robert Moore: Well, it's been five years, sir, and he wasn't wearing an Armani suit, just one of those man-dress things, and sandals. And his beard was a lot longer... Come to think of it, he's got more teeth now than he did then, and they're straighter.
Ali A'li Aksa n'fre: I get braces at Gitmo! Nice, no?
Defense attorney Ron Kuby: Your honor!
Presiding Judge: I will remind the defendent not to speak except when questioned.
Ali A'li Aksa n'fre: H'okey Dokey!
Defense attorney Ron Kuby: Now then, General Moore, you say that you do not recognize my client, the man that you claim to have unjustly captured and railroaded into years of deprivation and torture at Guantanamo Bay? You blighted this man's life and now you cannot tell is if it is the same man that you took from his adopted country of Iraq, where he emigrated from Saudi Arabia almost two long weeks before? Is that what you're saying?
US Army SPC Robert Moore: Sir, I'm not a general, just a specia...
Defense attorney Ron Kuby: Answer the question!!!
Continues ad nauseum...
Exactly. I assumed that was obvious, but yea.Quote:
Originally Posted by jinxmchue