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#27 Jun 13 2005 at 6:58 PM Rating: Decent
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[******************** gbaji. Hide behind articles treaties or whatever the **** you like.[/quote]

There's no "hiding" involved. The Convention is very specific about what treatment can be denied to prisoners held under that catagory. If you have an issue with it, take it up with the nations who all signed the agreement.

You don't get to pick and choose how the law applies based on your personal politics. If you disagee with the 4th Convention as written, then state that. Arguing that someone is "hiding behind" the law just because you dissagree with the law is silly. I could just as easily say that the cop that ticketed me for speeding is "hiding behind the law" because it gives him the right to do that and I don't agree that speeding should be illegal. But that doesn't make me right.

Quote:
If there's evidence, USA has everything to gain in exposing terrorists (or as your president likes to call them 'tourists'. have I mis-heard?). What a prize! Convicted terrorists, a show-trial, executions! Whoop-de-doo!


You're under the mistaken impression that the purpose for detaining prisoners as "spys and sabateurs" is so we can convict them of crimes. That is not the case, and in fact the wording of the Convention strongly suggests it should not be the case. The purpose for detaining prisoners under that portion of the convention is when the occupying power feels that they have information of use which represents a threat to them such that interrogation is needed to ensure the safety and security of occupying forces and free access to those prisoners would allow them to potentially send messages that could damage that safety.

It's *not* about giving them a speedy trial. Again. I invite you to actually *read* the freaking convention before commenting. We didn't make up the rules nobby. Stop blaming the US for following them.

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So give me one good reason why they're gradually being released to their homes where they're being received with open arms, but there are no trials called for the rest?


I just did. The purpose is not to try and convict them, but to determine what information they may have. Get it? Read the Convention.

Quote:
I met Moazam Beg last month. Released in the winter. A gentle chap, a bit of a Birmingham accent but otherwise well-spoken, much respected in his local Mosque and Church (yes, the local mosque and church share a great deal of charitable and community work). I know his father. Both active campaigners for inter-faith relations. I know the local Imam a little and the priest very well. They both knew in advance of his aid trip to Afghanistan. There were four of them on the trip, but funnily enough, his three white friends were ignored by the arresting party. wierd, eh?


Perhaps because they didn't travel to Bosnia in the 90s in support of Muslim extremists? You do know that this mild mannered guy who keeps saying that he didn't "personally" train or fight with these groups did support them financially, right? I suppose it was just a coincidence that he moved from Bosnia after that ceased to be a hot spot and moved right to Afghanistan?

Certainly, they had sufficient suspicion to hold him for interrogation. You don't like it? Again. Read the Convention. That catagory exists specifically for people like him. He can spin any story he wan'ts, the fact is that he's been suspiciously present at a number of muslim terrorist hotspots over the last decade and a half. It would be nearly criminal *not* to question him...

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Now peddle your fascist sh[i][/i]it elsewhere, dork.


Love how anything you don't agree with becomes "fascist". I don't recall me at any point in this thread using strong secular symbology in order to swell support for my cause. I do seem to recall simply pointing out that maybe before people cry "illegal", they actually look up and have a working understanding of the applicable law.

So apparently merely suggesting that people inform themselves of the law before engaging into an argument about it is "fascist"? Rhetoric much Nobby?
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#28 Jun 13 2005 at 7:11 PM Rating: Good
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gbaji

1. Reading and [i]understanding are different things

2. There are at least 5 contradictions between artciles 2 and 4. The law is an ***. (Don't patronise me you ***** I don't argue against things I haven't read and researched)

3. You are an c[/i]unt

4. There are a squillion (OK I exaggerate - a bajillion) other laws, premises and legates that would call for a charge or trial.

2,476. Guantanamo is turning peace-loving people into supporters of the anti-US movement. Remember? Turn south at Maceys and aim for the 57th floor? Yep. Those guys.

7. What colour are your eyes? I bet they're a dreamy shade of pale brown.

8. Guantanamo ryhymes with "Godwin's" in Hebrew. What more evidence do you need?

B. Don't step to your left. That's just plain messy and would play havoc with your mocassins. Now clean up for Bob's Sake!

3. No! You shut up

viii. Your flag was accidentally designed to be 80% more flammable than its nearest competitor. What's that about?

  • I pwn you


  • I will still respect you when you slope away from this post, your haggard knuckles dragging across the bare earth floor of your tepee, as you mutter gasped words about your mother and pre-determination.
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    #30 Jun 14 2005 at 2:20 AM Rating: Decent
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    Naturally the common people don't want war: neither in Russia, nor in England, nor for that matter in Germany. That is understood. But after all, it is the leaders of a country who determine the policy, and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship or a communist dictatorship. Voice or no voice, the people can always be brought to do the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country.

    ~ Herman Goering at his Nuremberg Trial
    #31 Jun 14 2005 at 3:41 AM Rating: Decent
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    Quote:
    a bit of a Birmingham accent but otherwise well-spoken


    Oii you cheeky fu[b][/b]cker, watch your step!
    #32 Jun 14 2005 at 8:57 AM Rating: Decent
    Quote:
    They *are* being held under the "spys and sabateurs" catagory of the 4th Convention. Thus, they can be interrogated. They can be held without legal counsil. They can be denied access by humanitarian groups like the Red Cross. They can be denied *any* outside contact. Those are all outlined in the Convention and are all "legal" by international agreement.


    Dude, your whole post is complete non-sense. Can you explain why/how the people help in Guantanamo are "spies, saboteurs"? These people were picked up, for the most part, on the battlefield of Afghanistan. What/who were they spying on? What were they sabotaging?

    Second, the 4th Convention is extremely clear. You are either a combatant, or a civilian. Definitions such as "ennemy combatants", "foreign fighters", or any of other ******** being peddled by the Bush administration is complete and utter crap. The Geneva Convention was meant to be completely inclusive. Otherwise it doesnt make any sense what so ever.

    And even if the US regarded the 400 or so prisoners of Guantanamo to be "spies or saboteurs", Article 5 states that:

    "In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be."

    And we could also add the fact that all these people should have been released, or trialed, when teh war in Afghanistan was over. The actions of the US governement in Guantanamo are plainly illegal under international law.

    I don't think there is any point in going to morality of it all, since its such an open and shut case...

    Comedy and persuasiveness:

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    #33 Jun 14 2005 at 9:53 AM Rating: Decent
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    actually afganistan is still considered a war zone. my buddy who just got back from there was told that it was still an active war zone.


    i was wrong in calling them POW and for that im sorry.

    wasnt there some problem when we went to war against the terrorists with how they were defined in the war since they werent civilians and they werent regular soldiers?
    #34 Jun 14 2005 at 10:15 AM Rating: Decent
    Quote:
    actually afganistan is still considered a war zone


    Afghanistan, as a country, is not at war with anyone in the legal sense. It might still be in trouble, but it is not "at war". Certainly not against the US anyway.

    The only reason why the fighters in Afghanistan are not POW is because they did not fit the definitions imposed by the GC. But the GC was drawn up in the aftermath of WWII, when armies had uniforms, ranks, insignias, etc... Afghanistan under the Taliban did not have an "army" as such, they had simply armed men. The Talibans were barely a governement, and were only recognised as such by 3 states in the world (out of around 190).

    So the people captured were the Taliban army. The fact that they didn't have proper uniforms and nice badges like our armies have in the west doesnt, on its own, make them terrorists. In fact the GC states that:

    "Members of other militia or volunteer corps including those of organised resistance movements that are commanded by a person responsible for his subordinates, have a fixed distinctive sign recognisable at a distance, carry arms openly and conduct operations in accordance with the laws and customs of war."

    It seems that a lot of the prioners in Guantanamo fit this criteria.

    Edited, Tue Jun 14 11:16:26 2005 by RedPhoenixxxxxx
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    #35 Jun 14 2005 at 11:12 AM Rating: Default
    Quote:
    So the people captured were the Taliban army. The fact that they didn't have proper uniforms and nice badges like our armies have in the west doesnt, on its own, make them terrorists. In fact the GC states that:

    "Members of other militia or volunteer corps including those of organised resistance movements that are commanded by a person responsible for his subordinates, have a fixed distinctive sign recognisable at a distance, carry arms openly and conduct operations in accordance with the laws and customs of war."

    It seems that a lot of the prioners in Guantanamo fit this criteria.


    Do they really? And you know this because you were there and saw this right? Who was the General/Person/whatever responsible for the actions of his/her subordinates?

    What insignia did they wear that was recognizable from up close let alone at a distance?

    This "Taliban Army" you speak of didnt openly carry arms (unless there werent US troops around) and broke just about all the "laws and customs of war" there are. So tell me again how they get to claim POW status?

    The other point you make about the US not being at war with Afganistan is ridiculous on its face as most of the men and women held in Gitmo though they might have been captured in Afganistan arent even from there. Which further undermines your "Taliban Army" point.
    #36 Jun 14 2005 at 12:26 PM Rating: Decent
    Quote:
    And you know this because you were there and saw this right?


    Obviously.

    Quote:
    Who was the General/Person/whatever responsible for the actions of his/her subordinates?


    The guy on the right.

    Quote:
    What insignia did they wear that was recognizable from up close let alone at a distance?


    A big beard and an AK-47.

    Quote:
    This "Taliban Army" you speak of didnt openly carry arms (unless there werent US troops around) and broke just about all the "laws and customs of war" there are


    Quote:
    And you know this because you were there and saw this right?


    Quote:
    So tell me again how they get to claim POW status?

    The other point you make about the US not being at war with Afganistan is ridiculous on its face as most of the men and women held in Gitmo though they might have been captured in Afganistan arent even from there. Which further undermines your "Taliban Army" point


    They could claim POW status because they were part of an armed militia or volunteer corps. They might not have fit the smallprint, but its undeniable that if they were anything, they were more "armed militia or volunteer corps" than they were "spies or saboteurs". Unless you wanna explain to me again who they spied on or what they saboted.

    As to your point that, let me get this right, Afghanistan is still at war with the US cos some of the people captured there were not Afghans... beats me.

    Maybe you mean that because there is a "war on terror", America is technically "at war" with all terrorists around the world. But that would mean that the US govt is at war with the rest of the world.

    And if you wanna go on the "Taliban army" point, "Taliban" is not the same as "Afghanistan". The Talibans come from the Pashtun region, which borders Pakistan and Afghanistan. they were trained both by the Americans when the Russians invaded in 79, and later by the Pakistani secret services. It is not driven by any "nationalistic" value, but by a religious one. They want to install the Kingdom of Islam on earth. So whether the people fighting for it were Afghans, Pakistanis, Saudis, Somalis, or whatever, it doesnt make any difference.

    Edited, Tue Jun 14 13:30:11 2005 by RedPhoenixxxxxx
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    #37 Jun 14 2005 at 12:39 PM Rating: Excellent
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    RedPhoenixxxxxx wrote:


    And if you wanna go on the "Taliban army" point, "Taliban" is not the same as "Afghanistan". The Talibans come from the Pashtun region, which borders Pakistan and Afghanistan. they were trained both by the Americans when the Russians invaded in 79, and later by the Pakistani secret services. It is not driven by any "nationalistic" value, but by a religious one. They want to install the Kingdom of Islam on earth. So whether the people fighting for it were Afghans, Pakistanis, Saudis, Somalis, or whatever, it doesnt make any difference.


    Stupid revival of Dar al-Islam and muslim unity as a way to combat outside forces and the countries inability to compete, where is Ataturk when you need him.

    Smiley: frown
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    #38 Jun 14 2005 at 3:09 PM Rating: Default
    Fact is that the 4th Geneva Convention specifically allows for detainment of this type in *exactly* the case these people fall into. If people want to argue that the 4th Convention is too vague in this area, or allows too much leeway to the occupying power, then that's a valid argument to make, and I personally would not necessarily disagree with them.
    -----------------------------------------------------------

    the Geneva Convention you speak of also FORBIDS questioning of prisoners at all.

    no one has a problem with detention. EVERYONE, except republicans, have a huge problem TORTURING them.

    if you are going to stand behind the treatie to justify the detention, how do you stand behind this addministraition for violating the very same artical in letter and spirit?

    we are torturing and killing people who may not have done anything at all other than be standing in the wrong place at the wrong time. how is it people who have been cleared of any wrong doing and released have also been tortured?

    are they enemys?

    or are you condoning torturing human beings in mass if they arer picked up in a sweep enemy or no enemy? to torture a single one of them without due process, without evidence they are in any way a threat, is ILLEGAL by the laws of this country, and by treatie,s we signed in good faith.

    our own laws forbid torture. U.S. laws. chaning a person to his knees for days at a time is torture. putting a hood over his head and beating and kicking him is torture. sending him to other countries to be tortured is IMMORAL and UNCONCIONABLE.

    evil.

    say it. if you condone what we are doing to our detainies, say it. if you condone torturing and killing people at our discretion for the purpose to FIND OUT if they have done something, say it. dont be chickensheit and hide behind "PART" of a treatie that will say what you want taken in PART and out of context.

    we have commited illegal acts. we have violated our own laws. we have violated international laws.

    are we above the law? does accountability only mean anyone OTHER than the U.S.? yes or no? either this is what you mean, or you should hold this addministraition accountable. YES, it is black and white. you either support breaking our own laws at our discression, or you hold them accountable. there is no middle ground.

    why in hell will no one stand up adn call this kettle black? we committed a crime. its accountability time.

    or is this a nation of laws that only apply at the whim of our government? wana guess why no one trusts us? why no one will help us? why no one believes us? why we are crippled and incapable of leading anything but the damned?
    #39 Jun 14 2005 at 5:05 PM Rating: Default
    never mind, problem solved.

    a member of the senate being interviewed on Fox news just cleared the whole mess up. he says the prison should not be closed. the pressure being exerted to this end is the result of fiction adn rumors and has no bering on the facts.

    the truth is, we treat the prisoners very well.

    amnisty international, the red cross, the F.B.I., the Air Force and several prisoners, legal counsel sent to interview prisoners are spreading fiction as opposed to presenting the facts.

    all is oh-tay in the big house. we are the good guys.

    all better now?

    look, that prisoner has a WMD.....

    how about now? all better?
    #40 Jun 14 2005 at 6:35 PM Rating: Decent
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    RedPhoenixxxxxx wrote:
    They could claim POW status because they were part of an armed militia or volunteer corps. They might not have fit the smallprint, but its undeniable that if they were anything, they were more "armed militia or volunteer corps" than they were "spies or saboteurs". Unless you wanna explain to me again who they spied on or what they saboted.


    Do you really think that the entire forces of the Taliban numbered about 500 people? The vast majority of combatants in Afghanistan were captured as POWs and treated as such. Those detained in Gitmo were done specifically because they did not meet the requirements for POW status under the 3rd convention, and they violated the agreements and therefore lost their privilidges as citizens in an occupied territory as covered under the 4th convention.

    Get it? This isn't every person who fought in Afghanistan. It's a small percentage. Ever think maybe there's a criteria for why they're in Guantanimo in the first place?

    Quote:
    As to your point that, let me get this right, Afghanistan is still at war with the US cos some of the people captured there were not Afghans... beats me.


    Whether you technically call it "at war" or not is irrelevant. At the time the detainees in Gitmo were captured in Afghanistan, we were in an active war and occupying parts/all of it (depending on exact timing of capture of any given detainee). The rest is irrelevant to this discussion.

    Quote:
    Maybe you mean that because there is a "war on terror", America is technically "at war" with all terrorists around the world. But that would mean that the US govt is at war with the rest of the world.


    No. You're not getting it at all. This is irrelevant.

    Quote:
    And if you wanna go on the "Taliban army" point, "Taliban" is not the same as "Afghanistan". The Talibans come from the Pashtun region, which borders Pakistan and Afghanistan. they were trained both by the Americans when the Russians invaded in 79, and later by the Pakistani secret services. It is not driven by any "nationalistic" value, but by a religious one. They want to install the Kingdom of Islam on earth. So whether the people fighting for it were Afghans, Pakistanis, Saudis, Somalis, or whatever, it doesnt make any difference.


    At the time of the invasion, the Taliban was the defacto ruling system of that country. Um... This is again irrelevant anyway. The catagory underwhich the detainees are being held does not require any particular nationality. Only that they be non-soldiers acting in some way against the security of an occupying power.

    Joe Muhammed, who pulled out his Ak-47 and joined up with his buddies to fight the Americans when the arrived is *not* being held in Gitmo. He's legally protected as a POW, and likely was released as soon as a military victory was achieved. It's the guys who waved US flags when the troops arrived, but then arranged to move weapons and fighters into the area to attack them the next day that are being held. It's the guys who planted bombs and provided intelligence for resistance forces from within an occupied area that are being held. It's the guys who helped terrorist leaders slip out of the area after it was militarily occupied that are being held (and those terrorist leaders themselves).

    Those all *clearly* fall under that catagory I talked about in the 4th convention. What's funny is the section you quoted stated that they had to be treated humanely (which they have been), and given trials/etc as soon as the occupying power deems it safe to do so (my paraphrase). Um... That's why they're being released over time. This is exactly what I was talking about. They are being detained until we can discover what information if any they have about ongoing terrorist/insurgent activities is discovered. Then they will either be charged or released. That's all outlined in the 4th convention and is all completely legal.

    Again. If you want to argue that the 4th convention gives the occupying power too broad of powers in this area, then that's a valid source of debate. But don't argue that the actions of the US with regards to the detainees in Gitmo are in violation of that convention. They aren't.
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    #41 Jun 14 2005 at 6:58 PM Rating: Decent
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    shadowrelm wrote:
    Fact is that the 4th Geneva Convention specifically allows for detainment of this type in *exactly* the case these people fall into. If people want to argue that the 4th Convention is too vague in this area, or allows too much leeway to the occupying power, then that's a valid argument to make, and I personally would not necessarily disagree with them.
    -----------------------------------------------------------

    the Geneva Convention you speak of also FORBIDS questioning of prisoners at all.


    No! Sheesh. Are you even reading what I write? The 3rd convention forbids the questioning of Prisoners of War. It also has a very strict definition of that status. The 4th Convention covers civilians in an occupied territory, and very specifically states that under certain conditions they *may* be questioned.

    Quote:
    Art. 5 Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.

    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 person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

    In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.


    Get it yet? Not everyone who's captured during a war is entitled to the benefits of POW status. I keep pointing this out, and people like you keep pretending that the only convention that exists is the 3rd convention and that all prisoners are "POWs", no matter what.

    I'll make this very clear for you. In order to give those rights to legitimate POWs, there has to be a punishment for violating the conditions of "fighting fair". This is it. If you don't follow the rules, you don't get protected by them. This part of the conventions is *very* clear on this, and it details what can and cannot be done to those who break those rules. Terrorists and insurgents with no flag fall under this catagory. Thus, they give up the protections of the conventions.



    Quote:
    no one has a problem with detention. EVERYONE, except republicans, have a huge problem TORTURING them.


    Yet more rhetoric. I thought this was about Guantanimo. To my knowledge there has been no credible evidence of torture taking place there.


    And the rest of your post kinda spins off from there...

    Stay on topic. If we're talking about detainees in Gitmo, then restrict your comments to the condition of the detainees in Gitmo. Don't bring in Iraqi prisoners, or abues as other facilities, or any other random irrelevant issues.
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    #42 Jun 14 2005 at 7:16 PM Rating: Default
    At the time of the invasion, the Taliban was the defacto ruling system of that country. Um... This is again irrelevant anyway. The catagory underwhich the detainees are being held does not require any particular nationality. Only that they be non-soldiers acting in some way against the security of an occupying power.
    -----------------------------------------

    you are the one missing the point. define non-solders.

    how about americans during our war for independance hiding behind trees, wearing no uniforms, under the direction of no sanctioned leader.

    they are every bit as much solders as we were then. defining their status has little to do with their actual status and every thing to do with dehumanizing them or discrediting their cause.

    ie, they wont line up in mass and let us mow them down there fore they are non-soldiers.

    terrorism is the ineviatable conclusion of a weaker force standing up to a superrior force. we did it in our war for independance. the north vietnameese did it in their war against us. the tactics have not changed. Boston Tea Party anyone? how many british merchants were killed in that little stunt. funny that number is in british history books but not ours...., we burned british run bussiness. we killed british sympathizers. coarse we called them spys and traitors. kind of like what the insurgents call the iraqi people they kill who work with americans.

    they ARE prisoners of war. how we catagorize them is solely dependant on our needs and not on their actual status. get it?

    resistance fighters in afganistan were terrorist to russia.

    all depends on how you want to spinn the enemy to the masses to get public support.

    in the end, the real issue is torture. not only does it give unreliable information, it undermines our integrity. how can we expect people to trust us if we torture human beings? how can we expect militants to become LESS motivated to kill us or die trying if the only other choice we give them is a gulag. how can we win the hearts of the every day people in Iraq if thier loved ones are tortured or killed by the "liberators"?

    torture undermines every thing this country stands for. it undermines our ability to lead. it is also ILLEGAL in this country.

    bad no matter how you look at it. so why are all of you sheep chanting the party line for an addministraition on a path to self destruction?

    just stupid mabe?

    you really thing closing the base is what needs to be done? are you that stupid?

    adn if not, why is NO ONE asking the hard question? who is responsible? adn why are they not being held accountable?
    #43 Jun 14 2005 at 7:21 PM Rating: Default
    shadowrelm wrote:
    deal with the cause of the problems in guantinamo or deal with the results..


    Feeding foreign fighters better than our own prisoners (and fellow citizens) is a problem?
    #44 Jun 14 2005 at 8:26 PM Rating: Decent
    It's sentiments like those of the OP that make the rest of the world resent and detest America. Your fear of everything outside of your borders is obvious from your attitude. Thank **** all Americans aren't under-educated and closed-minded like you as your ignorance, hatred and lack of compassion are sickening.
    And you may as well flame away, because I won't return to this topic - your opinion isn't considered or thoughtful enough to waste any more time on. It's just the rant of a redneck who knows nothing of the big world outside his own backyard.
    #45 Jun 14 2005 at 8:28 PM Rating: Default
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    shadowrelm wrote:
    At the time of the invasion, the Taliban was the defacto ruling system of that country. Um... This is again irrelevant anyway. The catagory underwhich the detainees are being held does not require any particular nationality. Only that they be non-soldiers acting in some way against the security of an occupying power.
    -----------------------------------------

    you are the one missing the point. define non-solders.


    Sigh. And around we go again...

    I don't define them. The Geneva Conventions do. Clearly, since they have an entire section (convention 4) about the treatement of civilians in an occupied territory, and include the treatement of said civilian prisoners within that convention, not everyone taken prisoner in an occupied territory and/or war zone is a POW.

    How about we look at the definition of POW?

    Quote:
    Art 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
    (1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.

    (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:[
    (a) that of being commanded by a person responsible for his subordinates;
    (b) that of having a fixed distinctive sign recognizable at a distance;
    (c) that of carrying arms openly;
    (d) that of conducting their operations in accordance with the laws and customs of war.

    (3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

    (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization, from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

    (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.

    (6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.


    There's a "B" section too, but it's pretty esoteric and not directly applicable to this argument.

    Look. The key point to realize here is that the Geneva Conventions assume that all legitimate participants in war will fight under a "flag". That means that they'll have a chain of command leading to a party of the conflict, and will both follow that chain, and that the chain is responsible for their actions. Without that, you've just got roving bands of people shooting at eachother, which the conventions specifically want to avoid.

    Soldiers fighting for the Taligan in Afghanistan definately qualify as POWs. Random people who pick up weapons and shoot at US soldiers when they come near qualify as POWs, as long as they remove themselves from the general non-combative civilian population as soon as reasonably possible. People who bide their time pretending to be peaceful citizens while US forces secure an area, then put on the black Pyjamas at night and blow stuff up are *not* given protected POW status.

    Get it? If you don't take up arms upon the approach of an enemy, and are not part of a chain of command to a flag of some kind, and you are in occupied territory and you *then* decide to take advantage of the fact that you're hidden in a large civilian population to take pot shots at occupying forces, you are *not* a POW. In fact, you give up the protected status as a civilian in convention 4 as well.

    The whole point of these rules is to avoid exactly the kind of situation going on in Iraq. The framers of the Conventions did not want civilians endangered because some people would choose to fight while hiding among the civilian population in an occupied territory. That's why it imposes extremely harsh penalties for those who conduct war in that manner.

    We're not violating the terms of the Geneva Conventions. We're following it, to the letter. Those who are shooting at US troops from a crowd of otherwise innocent civilians are the ones violating the conventions. When you sit there and try to argue that they should recieve the same protections as a POW, you undermine the entire point of the Conventions, and encourage more risk to innocent civilians. Without penalties for acting in that way, there is no reason for any armed defenders to use that to their advantage. The Conventions are *very* clear on that. Civilians are not to be used as shields in war.

    The people being held in Gitmo are those who violated those rules. They are *not* POWs. That's not to say that every prisoner taken was not a POW. I would assume that the majority were. But then the majority are not being held in Gitmo either. Don't blend them all into one group. There's a huge disctinction made here. There are POWs from both Afghanistan and Iraq, and they were treated as POWs. These people aren't.


    Quote:
    how about americans during our war for independance hiding behind trees, wearing no uniforms, under the direction of no sanctioned leader.


    And yet they were following a chain of command that ran to a recognized military leader (George Washington). Got any other questions for me? Again. Stop arguing from a position of ignorance. If you'd actually read the Geneva Conventions you keep spouting off on (and understood them), you'd not be making such stupid statements.

    Quote:
    they are every bit as much solders as we were then. defining their status has little to do with their actual status and every thing to do with dehumanizing them or discrediting their cause.


    Everyone who picks up a weapon is not a soldier. Not as defined under the Geneva Conventions. Stop trying to argue legalities while ignoring the actual laws.


    Quote:
    terrorism is the ineviatable conclusion of a weaker force standing up to a superrior force. we did it in our war for independance. the north vietnameese did it in their war against us. the tactics have not changed. Boston Tea Party anyone? how many british merchants were killed in that little stunt. funny that number is in british history books but not ours...., we burned british run bussiness. we killed british sympathizers. coarse we called them spys and traitors. kind of like what the insurgents call the iraqi people they kill who work with americans.


    Sure. And do you know what was done to those who commited those acts and were caught? No trials. No juries. They were executed on the spot in most cases. In fact, in many cases occupying forces would use draconian methods to flush out those who used those tactics. The Geneva Conventions does say that you can't threaten someone's family or random civilians in order to punish those who break those rules of law, and it does restrict the use of the death penalty against them, but it most certainly does not afford them POW status. Never has. I'm really not sure what your point was.

    You're also arguing pre-convention and post-convention situations. Remember that those conventions were largely created *because* of the abuses that civilian populations endured during wars and were designed to minimize them. Are you arguing that we should ignore them? Acts of terrorism are outlawed by the conventions in all situations, so you're not really supporting your argument here.

    Quote:
    they ARE prisoners of war. how we catagorize them is solely dependant on our needs and not on their actual status. get it?


    No. They aren't. Not by any definition of the term.

    Quote:
    resistance fighters in afganistan were terrorist to russia.


    No they weren't. They followed a chain of command (at least as much as Taliban fighters later on). They were defending their country. Again. No different from the vast majority of Taliban forces who *did* recieve POW status and were *not* detained in Gitmo. You seem to not be able to distinquish between the two, and I'm not sure why. Mental block?

    You're simply not getting it. It's not about which side you're on, or who you are fighting. It's about *how* you fight. You're allowed to hide your military. You're allowed to conduct hit and run raids. You're allowed to do all of those things. What you are *not* allowed to do is pretend to be a non-combatant civilian while doing those things. I'm sure that some fighters in Afghanistan did violate those rules. Most did not. Those that did would not have recived POW status. In exactly the same way that NVA regulars in Vietnam recieved POW status, but Viet Cong operatives did not.

    Get it? It's all about protecting the civilians in a conflict. Blowing up cafes full of civilians in order to kill a few soldiers of an occupying force is *not* acceptable combat behavior. That's why we don't protect people who do that. I'm not sure why you have such a hard time getting this. It's really not that hard.
    ____________________________
    King Nobby wrote:
    More words please
    #46 Jun 15 2005 at 4:35 AM Rating: Decent
    Gbaji, you have the most blinkered vision I have ever heard. Call up Fox news, I'm sure they have a job for you to give your fair and balanced opinions...

    Quote:
    Those detained in Gitmo were done specifically because they did not meet the requirements for POW status under the 3rd convention, and they violated the agreements and therefore lost their privilidges as citizens in an occupied territory as covered under the 4th convention.


    ********* When they captured people in Afghanistan, on the battlefield, they were sent to local interrogation camps, where interogators then decided whether these people should be sent to a local prison, or to Guantanamo. This was not based on the actions of the fighters, but on what they would admit to under torture and on hear-say. And this is the famous "criteria" for going to guanatanamo or not.

    Quote:
    Whether you technically call it "at war" or not is irrelevant. At the time the detainees in Gitmo were captured in Afghanistan, we were in an active war and occupying parts/all of it (depending on exact timing of capture of any given detainee). The rest is irrelevant to this discussion


    Once again, this is wrong. There are "laws of war" (jus in bello) and there are "laws for AFTER the war" (jus ad bellum). Hence whether the country is at war or not, is perfectly relevant to the discussion.

    Quote:
    Joe Muhammed, who pulled out his Ak-47 and joined up with his buddies to fight the Americans when the arrived is *not* being held in Gitmo. He's legally protected as a POW, and likely was released as soon as a military victory was achieved. It's the guys who waved US flags when the troops arrived, but then arranged to move weapons and fighters into the area to attack them the next day that are being held. It's the guys who planted bombs and provided intelligence for resistance forces from within an occupied area that are being held. It's the guys who helped terrorist leaders slip out of the area after it was militarily occupied that are being held (and those terrorist leaders themselves).


    This is a very nice story, and I congratulate you for your capacity to swallow every lie thats being fed to you, so you feel better about the actions of your peace-loving governemnt. But its ********* All the actions you described above might have happened once or twice. But not 500 times.
    Most of the people in Gitmo were captured on the battlefield, even the US goverment says it. Even they did not try to argue at the time that were "spies or sabopteurs", they just said that the GC did not apply. Just like in Abu-Graib.

    Quote:
    What's funny is the section you quoted stated that they had to be treated humanely (which they have been), and given trials/etc as soon as the occupying power deems it safe to do so (my paraphrase). Um... That's why they're being released over time. This is exactly what I was talking about. They are being detained until we can discover what information if any they have about ongoing terrorist/insurgent activities is discovered. Then they will either be charged or released. That's all outlined in the 4th convention and is all completely legal.

    Again. If you want to argue that the 4th convention gives the occupying power too broad of powers in this area, then that's a valid source of debate. But don't argue that the actions of the US with regards to the detainees in Gitmo are in violation of that convention. They aren't.


    You must be joking. "Treated humanly"? Please tell me you are joking. Have you been closing your eyes and covering your ears singing "la la la" when the details of what happens in Gitmo came out? Or do you think its "humane" to keep people in cages for years, to keep people in solitary confinement for weeks on end, to keep their face permanently in gazmasks, to be urinated on, to have your holy book shat on, to be tied to a leash and made to bark like a dog, to be abused by interogators? And this is only the stuff that came out, and you can bet what ever the **** you want that much worse goes on there... Is that what you call "humane"? You have a very ****** up definition of humanity...

    And explain to me, if the US governemnt is doing only legal thing, why the **** to need to have this base OUTSIDE of US territory? More than that, they argue that this base in not even in Cuban territory! It exists OUTSIDE of ANY legal juridiction!! Does that sound like the kind of arrangment made by a country who has nothing to hide from the law? And how come they get leases from Cuba, their nasty-dangerous ennemy? How is that ok? Does it make sense? If you dont understand that Guantanamo is a modern Gulag, then you are a dangerous idiot.

    None of your arguments stand up. You say they are being questioned for terrorist activities. They have been in a cage for 2 years. Do you really think they have ANY idea what the **** is going on at the moment in terorist networks? Do you even have any idea how terrorist organisations work? If those real terrorists know that someone who is aware of their plans is in ennemy hands, they will simply change their plans. Those people in Gunatanamo are completely useless, by now they are just old rotten shells of human beings, without any credible info to provide. Do you understand the fact that any information given under torture has no value, simply because the guy says whatever he thinks will get him off the hook?

    And please, spare me your BS about the GC. The GC aplpies ONLY in time of war. America is not at war with Afghanistan. I cant make it more simple than that.

    It just makes me smile on how your rely (and pretend that the US govt relies as well) on the fine print of a 50 year old international convention, when this US govt DOESNT give a **** about international law, and has proved it again and again. The war in Iraq? Illegal under international law. Guantanamo? Illegal under international law. Torture in Abu-Graib? Illegal under IL. Sending suspects to places like Uzbekistan to be tortured? Illegtal under IL. And let me remind you what Bush said when a journalist told him his actions were illegal under internationa law: "International law? Let ma call my lawyer!" And he laughed... This is how seriously this administration takes international law.

    But lets finish picking what you say.

    Quote:
    People who bide their time pretending to be peaceful citizens while US forces secure an area, then put on the black Pyjamas at night and blow stuff up are *not* given protected POW status


    And these people should be tried for their crimes. What the **** is the point in torturing them for two years? Has it ever occured to you that the war in Afghanistanw as NOT the first war ever fought? That in all the other wars, there were acts of spies, sabotages, terrorism, whatever you wanna call it, and that the only regimes to put in place systems like Guantanamo were the ***** and the Stalinists? Dont you find that slightly disturbing?

    Quote:
    That's why it imposes extremely harsh penalties for those who conduct war in that manner


    No, it doesnt. The US govt imposes them. The GC does not provide for penatlies. The people who shoot from the crowds should be tried and put in prison. It doesnt take 2 years to do that. And it certainly doesnt justify torture, which is COMPLETELY ILLEGAL under the GC that you try and hide behind.

    Quote:
    And yet they were following a chain of command that ran to a recognized military leader


    And so were the people in Guantanamo. They were under the chain of command of Usama and Mullah Omar. They had orders. How can you spy if you're not in a chain of command? Who do you spy for? Who do you report to? How can you sabotage something if you have no information on the ennemy? Your arguments do not make any sense.

    The people in Guanto were part of a militia. You can try to hide behind technicalities because they werent wearing nice uniforms, or had little badges, but thats just like saying concentration camps were in fact "work camps". Your little stories about people coming out of their pyjamas and blowing up other people is very cute, but its just as mind-numbingly stupid. If they planted bombs, try them. If they were suicide-bombers, they are dead. If they were spies, try them. Its extremely simple, and doesn't require 2 years (and still counting) of torture.

    You know, it wouldnt be quite as bad if you were honest. If you said "These people are scum-bags, we're pissed off we didnt get Usama and the Mullah, so we're taking it out on them." The truth is, at the very beginning of Guanto, some of these people might have had some limited info on some possible hypothetical future terrorist attack, or info on Al-Qaeda. Some of them might have, and the US govt tried to extract those infos under torture. It might've worked for some. But it didnt for most, because most were just people at the wrong place, at the wrong time. And now the US govt, because it is sooo strong and has such a big *****, is scared to seem "weak" and backtrack. It can't, ever, admit it has made a mistake. A bit like you. And so it keeps on going with this modern Gulag, while the rest of the world is wondering how America can commit those atrocities.

    And you, are just trying to defend it. Not only that, you are using an international law instrument that was put in place to prevent things like Guantanamo happening. If the drafters of this Convention heard you, they would be puking in their grave.

    This US govt is hurting America's image abroad beyond repair. It will take years before the damage is undone.

    Guantanamo has achieved nothing for national security, it has only given more arguments to the people bent on hurting American interests, and has been an amazing propaganda tool for recruiting terrorists. Usama must be wetting his pants at the incredible stupidity of Bush. All he had to do is say "Look how America treats your fellow Muslims." That is all. No need to go into a false Israel/Palestine rethoric, no need to talk about Saudi Oil, no need to talk about religion. He can just point at Guantanamo, and his work is done. Or Abu-Graib. And there will a queue of people ready to blow themselves up.

    Edited, Wed Jun 15 05:44:34 2005 by RedPhoenixxxxxx
    ____________________________
    My politics blog and stuff - Refractory
    #47 Jun 15 2005 at 7:49 AM Rating: Excellent
    Liberal Conspiracy
    *******
    TILT
    RedPhoenixxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx wrote:
    And explain to me, if the US governemnt is doing only legal thing, why the @#%^ to need to have this base OUTSIDE of US territory? More than that, they argue that this base in not even in Cuban territory! It exists OUTSIDE of ANY legal juridiction!! Does that sound like the kind of arrangment made by a country who has nothing to hide from the law? And how come they get leases from Cuba, their nasty-dangerous ennemy? How is that ok? Does it make sense?
    What's your complaint? From the standpoint of logistics, you can't get much more cost-effective than stationing your troops in the enemy's country. Obvious advantage #1: if you declare war, forget the Desert Storm airlift, just tell the guys to start heaving grenades over the barbed wire. Obvious advantage #2: you know your people aren't going to sleep on sentry duty.

    The only reason this advanced strategic concept isn't more widely employed is that under ordinary circumstances it's difficult to get the bad guys to cooperate. We finessed that one by establishing the Guantanamo Bay Naval Base (the military base you're talking about, commonly known as Gitmo) on Cuba's southeast coast in 1903, when Cuba and the U.S. were still on friendly terms. It's been there ever since. The weather is excellent and you're convenient to just about any spot in the Caribbean. What's more, the lease has no termination date, the rent can't be beat ($4,000 a year, utilities not included--the Cubans cut off the water and electricity in 1964 and the base now provides its own), and best of all, to show his disgust with the Yanquis, Fidel won't cash the checks!

    The landward side of the base is completely surrounded with the whole Berlin Wall scene of landmines, barbed wire, and watchtowers, erected in stages after Castro's takeover because (a) the Americans got tired of having the Cubans throw rocks at them and (b) the Cubans got tired of having their countrymen jump the fence and ask for political asylum. Gitmo was in the news a few years back over whether children born to Haitian refugees temporarily housed there were U.S. citizens. Quick answer from the U.S.: naah, they're Cubans. We don't own Guantanamo, we just rent.


    The Straight Dope -- June 17, 1994
    ____________________________
    Belkira wrote:
    Wow. Regular ol' Joph fan club in here.
    #48 Jun 15 2005 at 9:38 AM Rating: Decent
    Hehe.

    I dont doubt that its great for strategic reasons. That and the fact that's it a legal blackhole, cos the US govt says "Hey, its not on our territory, so our laws dont applies", and the Cubans say "Chinka tu pera madre pinche gabacho culero, no es el territorio mio, no ma mes..."

    So everyone's happy.

    Except the people inside. But hey, who cares about them apart from those whiny-hippy-pot-smoking-weak-***-liberal-lefties?

    And the rest of the world...
    ____________________________
    My politics blog and stuff - Refractory
    #49 Jun 15 2005 at 9:11 PM Rating: Decent
    Encyclopedia
    ******
    35,568 posts
    [******************************* When they captured people in Afghanistan, on the battlefield, they were sent to local interrogation camps, where interogators then decided whether these people should be sent to a local prison, or to Guantanamo. This was not based on the actions of the fighters, but on what they would admit to under torture and on hear-say. And this is the famous "criteria" for going to guanatanamo or not.[/quote]

    And yet somehow only 500 or so ended up in Gitmo. Clearly, there was more criteria then just being captured fighting against Americans... Could it possibly have been their actions before and/or during the conflict beyond just fighting? Yeah. I think so...

    Heck. Moazzam Begg wasn't involved in the fighting at all. He wasn't captured "on the battlefield". He was captured because he was suspected of aiding Al-qaeda in some way while acting as a civilian. While reading up on the issue, I heard many cases of people being detained, but not one mention of someone who'd been fighting against the US as a soldier ending up in Gitmo.

    How about you proove that those held in Gitmo were sent there purely because they were fighting against US troops during the conflict in Afghanistan. Since you seem to want to assume they are POWs, and should recieve the protections as such, it shouldn't be a problem, right?

    If you can't, then you are just acting based on rummors you've heard. They are not substantiated and are based on the same lack of understanding of the GC that I've been pointing out all along. Most people assume anyone captured during a war is a POW. Thus, they call the prisoners in Gitmo POWs. Then they look at the treatment of those prisoners and argue that it's not appropriate treatment for POWs. But their (and your) argument is flawed from the get go. I keep arguing that these are not POWs, and you keep insising they are. Yet you can't seem to show any evidence that they should have recieved POW status other then the fact that they were captured during a military conflict.

    Show me some proof. Any proof, that the people detained in gitmo *should* be catagorized as POWs. If you can't, then your entire argument is based on pure assumption.

    Quote:
    Whether you technically call it "at war" or not is irrelevant. At the time the detainees in Gitmo were captured in Afghanistan, we were in an active war and occupying parts/all of it (depending on exact timing of capture of any given detainee). The rest is irrelevant to this discussion


    Once again, this is wrong. There are "laws of war" (jus in bello) and there are "laws for AFTER the war" (jus ad bellum). Hence whether the country is at war or not, is perfectly relevant to the discussion.[/quote]

    Yes. You are correct. However, the 4th convention specifically applies to any period of occupation (and for some time after that) *after* main hostilities have ended. Since we're still getting insurgencies in both Afghanistan and Iraq, that Convention applies equally. That's why I said that whether or not there's a "war" being fought is irrelevant. Actually, it is relevant in one way. Technically, no prisoner captured *after* the war can be a POW. Since by definition, the other flag has surrendered, there can be no "legal" combatants on the other side.

    But for someone with so much knowledge of the rules of war, you'd already know that, right?

    Quote:
    This is a very nice story, and I congratulate you for your capacity to swallow every lie thats being fed to you, so you feel better about the actions of your peace-loving governemnt. But its ********* All the actions you described above might have happened once or twice. But not 500 times.
    Most of the people in Gitmo were captured on the battlefield, even the US goverment says it. Even they did not try to argue at the time that were "spies or sabopteurs", they just said that the GC did not apply. Just like in Abu-Graib.


    Really? Show me where the US governemnt says they were captured "on the battlefield"?

    Um. They used the terms "illegal combatants", and "non-uniformed combatants". They most certainly were talking about the fact that the actions of those detained disqualified them from POW status. And they did not say that the GC did not apply (ok. Someone may have used those words, but that's not the rules they used). They were specifically talking about the POW status (ie: 3rd convention). Not the Geneva Conventions as a whole.

    The confusion on that issue is that as I've stated many times, most people assume that POW status and treatment *is* the Geneva Conventions. So when they ask if those rules will be applied, and someone from the administration says that they don't in this case, it gets reported as "Administration claims that the Geneva Conventions don't apply". That's not what was *actually* said though. I remember the statments made by the Bush administration at the time. They specifically stated that those specific prisoners did not qualify as POWs.

    Funny that you accuse me of just believing a line of BS. To me, that's what you are doing. You've been feed a line of half reasoned illogic and have clung to it and accepted it at face value. Again. Your *entire* argument is based on the assumption that the prisoners held at Gitmo really were just soldiers acting legally on the battlefield. My argument is that this assumption is wrong. Heck. The US government *said* right then that they were not POWs and that their actions disqualified them for that status when they detained them in the first place. Now, we can assume there's a huge conspiracy going on to lie about that, but you have no proof of that either. Every single thing you base your argument on is unsubstantiated rummor.

    I'm at least taking the "official" story. Until I see real evidence to the contrary, why on earth not believe it? Unlike the typical tinfoil hat wearer, I don't just automatically assume my government is lying to me about everything. Especially when in this case, there's absolutely no reason for them to do so. Either they believe these guys are directly connected with various terrorist groups and illegal insurgencies and thus want to detain them to get information from them, or they don't. What possible reason would our government have to detain random people, knowing they have no connections to any illegal actions in Afghanistan, but then lie and say they do?

    Sorry. That makes zero sense. The only reason to detain them is if you think they have valuable information. Thus, the most logical explanation is that every single detainee is there because those who detained them really do believe that they are connected directly to some group involved in terrorism and/or insurgency.


    How about you explain to me why they'd detain them if that wasn't true? Can't can you? Again. You're just one of those people who assumes that the government is "up to no good", no matter how nonsensical the actions are.

    Quote:
    You must be joking. "Treated humanly"? Please tell me you are joking. Have you been closing your eyes and covering your ears singing "la la la" when the details of what happens in Gitmo came out? Or do you think its "humane" to keep people in cages for years, to keep people in solitary confinement for weeks on end, to keep their face permanently in gazmasks, to be urinated on, to have your holy book shat on, to be tied to a leash and made to bark like a dog, to be abused by interogators? And this is only the stuff that came out, and you can bet what ever the **** you want that much worse goes on there... Is that what you call "humane"? You have a very ****** up definition of humanity...


    Huh? The conditions of prisoners in Gitmo are no worse then those in any prison in the US, and in some ways are *better*. You seem to simply be assuming that imprisonment itself is "inhumane", but that assumption invalidates your argument. You don't get to set the criteria for what is and isn't "humane treatment" based on your own skewed worldview.

    Again. Show me proof of abuse in Gitmo. Not allegations. Proof. Anyone can make an accusation.

    Quote:
    And explain to me, if the US governemnt is doing only legal thing, why the **** to need to have this base OUTSIDE of US territory? More than that, they argue that this base in not even in Cuban territory! It exists OUTSIDE of ANY legal juridiction!! Does that sound like the kind of arrangment made by a country who has nothing to hide from the law? And how come they get leases from Cuba, their nasty-dangerous ennemy? How is that ok? Does it make sense? If you dont understand that Guantanamo is a modern Gulag, then you are a dangerous idiot.


    Um. So that they aren't in a country where other civilian groups acting illegally can cause yet more problems? The whole point is to disconnect them from their contacts around the world.

    Just because you don't understand the history of Guantanamo Bay is not my fault. Maybe you should educate yourself on the matter before arguing that it's a "gulag" just because your assumptions make it so.

    Quote:
    None of your arguments stand up. You say they are being questioned for terrorist activities. They have been in a cage for 2 years. Do you really think they have ANY idea what the **** is going on at the moment in terorist networks? Do you even have any idea how terrorist organisations work? If those real terrorists know that someone who is aware of their plans is in ennemy hands, they will simply change their plans. Those people in Gunatanamo are completely useless, by now they are just old rotten shells of human beings, without any credible info to provide. Do you understand the fact that any information given under torture has no value, simply because the guy says whatever he thinks will get him off the hook?


    There's been no evidence of torture being used at Gitmo. None. Yet you insist on arguing that "information gained under torture has no value".

    Rhetoric much? I think so...

    Quote:
    And please, spare me your BS about the GC. The GC aplpies ONLY in time of war. America is not at war with Afghanistan. I cant make it more simple than that.


    Proof you haven't read the GC. Sigh. You are correct that the *third* convention only applies during time of war. The other's apply all the time though.

    It's funny. I keep saying that your problem is that you're assuming that the 3rd convention is the entirety of the GC, and yet no matter how many times I point this out, you keep on basing your arguments off of that exact same incorrect assumption.

    Stop doing that. After I've shown you that the GC contains more then just POW treatment in a time of war, you need to actually change your assumption to match. How on earth can you expect me to take any argument you make seriously when you clearly show no ability to look at the facts around you and draw even some basic rational conclusions from them.

    The GC covers more then treatment of POWs in a time of war. Sheesh! If you make a single argument based on the assumption otherwise, I'm just going to assume that's the same as you saying: "You're right gbaji. I'm a complete and utter moron".

    Got it? Learn when information is presented to you, or you'll be doomed to keep making the same stupid mistakes over and over.



    You know what? I'm going to ignore the rest of your post too, since it's pretty much just you rambling on and making more assumptions about things you don't know happened, and twising rules of the GC around in ways I've already prooved aren't correct.

    Go read the GC. Specifically, read the 4th convention. Then come back and argue a point.


    Also. Stop mushing 8 different allegations into one and pretending they are all facts. When you say that "torture is illegal", you are making a simple factual statement. You are correct. Torture is illegal. But since this is a topic aobut Guantanamo, and there have been *zero* reports of torture in Gauntanamo, I can only conclude that your just tossed that statement in there hoping that if you say the words "torture" and "Guantanamo" enough times in close proximity, some people will connect the two.

    You're making what I call a rhetoric based argument. You simply make factual statements that don't actually prove anything, or make any sort of logical argument, but the statements themselves contain powerful words that people will associate together. This sort of arguing tactic relies on the fact that if you just string together things like "torture", "illegal", "prisoners", "abuse", "conspiracy", "violations", etc most people will ignore the actual argument made and just assume you made a point in there somewhere.


    All you're doing is repeating words. If you want to debate a point, you need to actually *make* a point. Start with facts. Show how they are relevant. Then show how they indicate a further truth. Don't just slam as many "bad" sounding words together as possible. I have virtually zero respect for that.
    ____________________________
    King Nobby wrote:
    More words please
    #51 Jun 16 2005 at 4:18 AM Rating: Decent
    Quote:
    it possibly have been their actions before and/or during the conflict beyond just fighting? Yeah. I think so...


    Good for you. I don't. Should we both walk on hot coal?

    Now, listen carefully. You say that the US had *proof* that these people were more than just fighters, hence they were sent to Guntanamo. Good, then they should have used those proofs, charged them, and put them in jail. If they were spies or saboteurs, they should've been tried. That is the way its been done in other wars. Nothing necessitates putting them for 2 years in a torture camp.

    If they were "terrorist", with some knowledge on future terrorists attacks, then they should've been interogated, and tried.

    I know, you are going to say that the GCIV applies. It doesnt. The US is not occupying Afghanistan. They have a sovereign governemnt, and the US troops are there *ont the request* of the Afghan governement. And guess what? If the US takes prisoners when the GC doesnt apply, they should be treated as normal criminals. The GC was meant to be holistic. No "forgotten" categories that could you could lock up for years without any trial, or chyarge, or proof. This is the basic tenet of law in the Western world.

    Hence, the GCIV DOES NOT APPLY. So your whole post is moot.

    You ask for proof. I have read the testemonies of the people that came out of Guanatanamo. Of the lawyers that were present. Of some of the Red Cross reports that were leaked. Read those:

    http://www.wsws.org/articles/2004/aug2004/hick-a12.shtml
    http://www.atsnn.com/story/101541.html

    They are both there.


    Now what proof do you have that the US doesn't use torture in Guanatanamo? Or that the people there are NOT POW I'd love to see it.

    But of course you dont. You swallow the lies of the Bush administration, and either too scared, too stupid, or too in love to question anything. All you do is repeat what they say. This is not a debate. Your argument solely on "The US govt says so, so its true!!!"

    It would be funny if this administration wasn't so dangerous, and if there wasnt a whole bunch of people like you ready to defend every thing they say.

    Half of the US and the whole of the rest of the world say that Guantanamo is a gulag, that it has hurt America's image beyond repair, and that it is the greatest terrorist recruitment tool ever invented.

    But you keep saying "prove it", cos that's all you've got.

    Keep digging you own hole. Guantanamo is illegal, immoral, and is hurting the US more than anything Usama could've ever done.

    But you keep saying "It's ok cos Bush says so."

    Edited, Thu Jun 16 05:21:28 2005 by RedPhoenixxxxxx
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