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Aaaah, I see; it's a question of who's the master, is it? Joel Send a noteboard - 23/11/2009 07:47:43 AM
Your definitions of "war" and "military" are outdated and unrealistic. The war against al Qaeda and the Taliban is a proper war, being conducted by our armed forces.

How kind of you to share that determination. You know I hold your linguistic skill and knowledge in the highest regard, but that doesn't make it the "proper" basis for American foreign policy. Particularly given my belief you're incorrect in this case; they have thugs, criminals, thieves and murderers we refer to as "enemy combatants" because in 2005 Congress changed the DoD Dictionary of Military and Associated Terms definition of "enemy combatant" to, "any person in an armed conflict who could be properly detained under the laws and customs of war, " in 2008 they changed it again:

"( 8 ) The term 'enemy combatant' has historically referred to all of the citizens of a state with which the Nation is at war, and who are members of the armed force of that enemy state. Enemy combatants in the present conflict, however, come from many nations, wear no uniforms, and use unconventional weapons. Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform. And the power to name a citizen as an 'enemy combatant' is therefore extraordinarily broad, "

in the interim Bush changed it to "an individual who was part of or supporting the Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces. "

Finally, disgusted with all this and having to arbitrate it, US District Court Judge Richard J. Leon ruled on October 27th of last year it was the 2004 definition in rules of Combatant Status Review Tribunals:

"'Enemy combatant' shall mean an individual who was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who has committed belligerent act or has directly supported hostilities in aid of enemy combat forces. "

I'll give you credit for consistency the Bush administration lacked, but apart from that, if I won't let them get away with redefining words to suit them, why would I overlook it from you?
The combatants rightly fall under the category of "unlawful combatants" for purposes of the Geneva Conventions. This means that, generally, they may be tried by military tribunals and sentenced unless they are on US soil when captured, though it may be that some such individuals could be tried in military tribunals nonetheless (if there were evidence they acted as spies or saboteurs, for example).

As you may have noticed above, the previous administration dismissed the Geneva definition of "enemy combatant" (to which we are bound under treaty) and replaced it with its own. Several times, in fact. Depending on which administration official was asked when an enemy combatant could be any member of a hostile armed force, strictly any member of Al Qaeda or, the second definition (my personal favorite) it could be expanded beyond the "traditional" meaning with no attempt to devise a new one nor state its limits.

Put the politics, the bloodshed and our past differences over them aside for a moment and really think about that:

Congress explicitly expanded "enemy combatant" far beyond its original meaning without bothering to define the new limits. It could literally be ANYONE; the revised definition tells you whom it's NOT (solely) but not whom it IS (entirely. ) The technical term is "blank check, " and while always troubling when applied to government, it's alarming when applied to government detaining people without charge, counsel or trial, then bringing them before a military tribunal where they can't see the evidence against them nor confront their accusers, even if it means their execution.

Incidentally, the current DoD Dictionary of Military and Associated Terms definition has been AGAIN altered to "In general, a person engaged in hostilities against the United States or its coalition partners during an armed conflict. Also called EC. "

http://www.dtic.mil/doctrine/jel/doddict/data/e/18084.html

So the ten year old martyr with a bomb attached is an enemy combatant--but so is the uniformed fighter pilot, the soldiers marching in ranks; everyone. It's a neat bit of legalistic linguistic legerdemain: We've gone from asserting terrorists aren't POWs because they aren't soldiers but rather enemy combatants, to asserting there are NO POWs because they're ALL enemy combatants and we can do with them as we please, whatever treaties we've signed.
The only issue, from a Constitutional standpoint, is whether or not they had rights which were violated. The Supreme Court ruled, in Boumediene v. Bush, that they had a right to make habeas corpus petitions. This does not translate into an automatic right to a trial in Federal Court, however. It merely states that the 2006 law, as written, did not extend those rights or make a valid suspension under current law.

The proper venue is a military tribunal and the proper outcome is summary execution. None of this violates the Constitution.

Ah, yes, the Boumediene case. Technically what you say is true, but the specific right in question is habeas, which, as Wikipedia paraphrases it, grants access to US courts. It desperately needed doing and still does, for, as Wikipedia quotes the law,

"Section 950q. Principals:

"Any person is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission. "

http://en.wikipedia.org/wiki/Military_Commissions_Act_of_2006#MCA_as_an_unconstitutional_suspension_of_habeas_corpus

Now the prison guard, the head of state, even the taxpayer who funds a hostile nations military is subject to the law. Anyone who's provided any aid of any kind or degree. Note the absence of any exemption of US citizens. So, if you've ever stated terrorist action was right in anyway, you've counseled it and are subject to Gitmo detention until your trial; mentioning the Bill of Rights won't get you anything but a rifle butt to the face.

You have three choices:

1) Demonstrate the words mean other than they clearly and precisely state,

2) Accept it's OK for US citizens to be sent to military tribunals (if ever charged, which they needn't be to be detained) and possibly execution for any favorable statement about a terrorist or

3) Change your position.

I do have a preference, but the choice isn't mine, and I wouldn't take it for you if I could, due to an unfortunate sentimentality when it comes to thinks like freedom and democracy. Oh, and my country. If you wish to tell me once more why we must destroy America to save her, that's your prerogative, but it's also the most helpful thing anyone could do for terrorists, and will receive no response. Please understand: This is not "Why do you hate America?" but "Look, really LOOK, at what's being done to America!"
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No need to interrogate Osama bin Laden? - 20/11/2009 12:48:27 AM 1063 Views
oO uhm, what? - 20/11/2009 12:54:13 AM 546 Views
Yeah, a lot of people were fuzzy on that till this started. - 20/11/2009 09:30:39 AM 571 Views
on the other hand, we're more than willing to take them out back with a confession. - 20/11/2009 06:34:12 PM 568 Views
As it seems we will. - 24/11/2009 09:41:18 AM 543 Views
New York is now asking for $75 MILLION for the KSM trial - 20/11/2009 01:43:26 AM 496 Views
Its to salve their conscinse - 20/11/2009 01:55:08 AM 501 Views
That's exactly the problem! - 20/11/2009 01:58:37 AM 517 Views
If this trial were being held in any other country - 20/11/2009 01:56:07 AM 519 Views
It's a terrible precedent no matter how you look at it. - 20/11/2009 02:13:46 AM 543 Views
It IS a terrible precdent, hence you and others are citing it 65 years after WWII ended. - 20/11/2009 09:23:45 AM 433 Views
Spare me the bullshit. - 20/11/2009 01:57:16 PM 439 Views
I will if you will. - 20/11/2009 02:55:30 PM 536 Views
No, you won't. You never will. - 20/11/2009 06:14:30 PM 426 Views
You're putting your cart before your horse is the problem. - 23/11/2009 05:40:46 AM 516 Views
No, that's not right. You don't read very closely. - 23/11/2009 02:21:54 PM 439 Views
In this case my reading comprehension is more than adequate. - 24/11/2009 09:16:39 AM 480 Views
You don't think this is a military struggle? Wow. - 20/11/2009 02:52:26 PM 476 Views
Allow me to point out... - 20/11/2009 03:02:33 PM 456 Views
Well, Timothy McVeigh was in OUR Army. - 20/11/2009 03:55:18 PM 578 Views
That's the thing, they aren't a terrorist group - 20/11/2009 04:54:31 PM 498 Views
It would help if you would offer any argument in favour of your stance. - 20/11/2009 08:43:08 PM 440 Views
I only use the word army cause I can't think of a better one - 21/11/2009 04:32:01 AM 458 Views
Yes. "Terrorist group". - 21/11/2009 12:02:04 PM 532 Views
Yeah I guess you're right - 22/11/2009 01:34:34 AM 446 Views
Military struggles involve militaries. - 20/11/2009 03:23:14 PM 619 Views
Once again, bullshit. - 20/11/2009 06:09:31 PM 580 Views
Aaaah, I see; it's a question of who's the master, is it? - 23/11/2009 07:47:43 AM 597 Views
You're wasting your time - 23/11/2009 02:24:57 PM 480 Views
This is wrong - 20/11/2009 07:41:35 PM 485 Views
We're a long way from the shore of Tripoli. - 23/11/2009 05:59:19 AM 537 Views
Nevertheless, uniforms or a nation is not a requirement - 23/11/2009 03:09:22 PM 496 Views
Rightly or wrongly, I disagree. - 24/11/2009 08:48:25 AM 538 Views
That is bad - 21/11/2009 12:31:04 AM 470 Views
You're not going far enough, man. - 20/11/2009 11:03:08 AM 523 Views
Blah blah blah blah blah *NM* - 20/11/2009 01:57:39 PM 223 Views
I just can't imagine how they expect to get a fair trial. - 20/11/2009 03:17:28 AM 441 Views
The Code of Conduct - 20/11/2009 07:23:02 PM 546 Views
The mention of God is interesting. *NM* - 21/11/2009 05:24:14 AM 334 Views
Your little diatribe in the beginning only makes me glad... - 22/11/2009 05:32:57 AM 605 Views
I understand your "jihadist narrative" - 22/11/2009 06:36:41 PM 585 Views
enemy combatants and terrorists - 23/11/2009 08:03:25 PM 560 Views
They're not different because from the Third World, but because terrorists. - 24/11/2009 08:09:13 AM 675 Views
not every soldier in history has worn a uniform - 24/11/2009 11:00:34 PM 352 Views
One example would be Ethan Allen and his Green Mountain Boys - 25/11/2009 06:23:08 PM 528 Views
Just for fun, let's call them fundamentalist vigilantes. *NM* - 24/11/2009 11:12:09 PM 194 Views
Works for me. - 01/12/2009 09:12:29 AM 508 Views

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