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Stu2630
06-23-2009, 07:46 AM
Skinview

Yes, they are. They are almost all POWs captured in the war in Afghanistan. Its an insurgency, so no one wears a uniform

If they were POWs, they would be entitled to the rights under the Geneva Convention. They have not been given those rights - or any rights. Your previous president invented a classification of his own for them, i.e. "enemy combatants". If US citizens, military or otherwise, had been held under such conditions, you would have been the first to complain.

The US Army.

Neither the US Army, nor any other military force outside of a military junta, has any recognised judicial authority. These people have been basically kidnapped, forcibly taken to a foreign land, and detained for years with no explanation or legal representation. You are defending the indefensible.

These people have been snatched and subjected to long-term incarceration without knowing why

We have not kept it a secret that we believe that they are enemy combatants.

They are "enemy combatants" according to the US Army. If you were arrested by the police for a crime, you would be entitled to know the evidence against you, you have a lawyer and to have your case heard in a court of law. It would not be for the police to decide to lock you up in a foreign land with no contact with the outside world indefinitely. The people are being denied the rights enjoyed even by common criminals. The US Army, and the US government, is flouting the very principles of basic justice and human rights which you so freely espouse.

No country gives POWs trials.

President Bush himself has insisted they are not POWs because, if they were, they would have certain rights. That's why he coined the phrase 'enemy combatants'.

8,000 Americans died in deplorable conditions on British prison barges in New York harbor during the Revolution. An ancestor of mine died on a British prison barge.

Probably so. I am not holding Britain up as the epitome of liberty, equality and human rights - there is no shortage of examples in which the country of my birth has behaved deplorably both to foreigners and also to its own nationals. My point was that, in modern times, both the US Constitution and the various European nations and institutions are relatively free, and it is futile and unproductive for anyone on either side of the Atlantic to say that their system is vastly superior to the other. Each has its advantages, and each has skeletons in the cupboard.

You had your Cromwell. Our right to bear arms is derived from British liberties and British history and resistance to dysfunctional British government.

Cromwell had a bit of a chequered history. He tamed a tyrannical monarchy to some extent, but attepted to replace it with a fierce, and yet bleak, theocracy based on a particular brand of protestant fundamentalism. Your "right to bear arms" stems from your history - but it's not a history we share, so we see things very differently. That doesn't mean either side is right or wrong.

"We" is not everybody. The UK violates the rights of those who want arms.

You will find that British people not only do not want a right to bear arms, but actually value the right to live in a society free from the wide availability of firearms. Like most of my neighbours, I detest guns. The vast majority of our police don't have guns, and even most of our criminal classes tend to avoid them. Not having the right to bear arms suits us - but that doesn't mean I am saying the same should apply in your country.

Different strokes, as you say. :)

Stu

Fitz1980
06-23-2009, 10:25 AM
I agree with Stu on this one. Bush created this mess by thinking that he could hold people indefinitely without charges, evidence or the Geneva Convention. If they're POWs than they are entitled to the protection of the Geneva Convention, just like any other POWs. If they're not POWs than charge them with something.

Skinview
06-24-2009, 10:12 AM
If they were POWs, they would be entitled to the rights under the Geneva Convention. They have not been given those rights - or any rights. Your previous president invented a classification of his own for them, i.e. "enemy combatants"... That's why he coined the phrase 'enemy combatants'.Not quite. Its an old, commonly used term for lawful combatants. POWs are enemy combatants, and do not have a right to a trial. But it is true that Bush made a mess of things by lumping in unlawful combatants, who are due a trial, under the term "enemy combatants", to deny them trials. Bush even went so far as to designate a US citizen as an "enemy combatant", to deny him a trail. It was an outragious violation of the US Constitution, and was struck down by the Supreme Court. But that said, there is the thorny problem of how to classify ununiformed people who are members of stateless organizations bent on destroying the US and killing civilians. They are unlawful combatants, but giving them trials would reveal our secret methods of finding them, expose informants, cripple our ability to fight them, and inevitably release real terrorists who would go on to kill more US citizens. They are not simply criminals. Should we give them trials to sift out the innocent, if the result is more dead Americans? Its a difficult problem. In war, innocent civilians, by the thousands and millions, are enevitably maimed, killed, and their property is destroyed. We do it knowingly, but regretably, it is nessesary to win.


If US citizens, military or otherwise, had been held under such conditions, you would have been the first to complain.The conditions are generally very good. I have no expectation or desire that captured US soldiers be given trials. In fact, that would be alarming, because that means they are being accused of crimes, and subject to punishment. A nonmilitary, ununiformed US citizen engaged in spying or sabotage is subject to trial, and even execution. I would love it if our spies were treated like enemy combatants.


Neither the US Army, nor any other military force outside of a military junta, has any recognised judicial authority.Quite right. They kill people and put enemy combatants in POW camps without first giving them any sort of trial. We bomb the crap out of the enemy without even knowing what their names are. And I am pleased to say, we are very good at doing that.


These people have been basically kidnapped, forcibly taken to a foreign land, and detained for years with no explanation or legal representation. You are defending the indefensible.We brought lots of German POWs to the US in WW II. Do you suppose that we should have tried them, spend billions on hundreds of thousands of lawyers and judges and juries, brought back thousnads of US troops from the front lines as witnesses, and then, when clear evidence is lacking, or Miranda rights went unread, released armies of German soldiers back to Hitler, so they could have invaded the UK?



The US Army, and the US government, is flouting the very principles of basic justice and human rights which you so freely espouse.No, the US Army is engaged in war and is doing so as they should. There are terrorists that the CIA has nabbed from all over, and you have a much better complaint against the CIA.



Probably so. I am not holding Britain up as the epitome of liberty, equality and human rights - there is no shortage of examples in which the country of my birth has behaved deplorably both to foreigners and also to its own nationals.We executed Japanese POWs in WWII.


Your "right to bear arms" stems from your history - but it's not a history we share,Oh yes it is. Your history is our history. Your civil wars were our civil wars. We were a British colony, we came from Britain, your ancestors are often our ancestors. Until July 4, 1776, we were proud to call ourselves British. Our political philiosphy, and most of our civil rights, including our right to bear arms, has origins in British law. Our courts still reference British Common Law.

"That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law"
-English Bill of Rights 1689

http://avalon.law.yale.edu/17th_century/england.asp

Your government violates your own rights, without any Supreme Court or established constitution to stop it.


so we see things very differently. That doesn't mean either side is right or wrong.The North Korean government sees things differently too. And the US side is right. And your government is wrong to violate what rights were written in your English Bill of Rights. And its wrong to violate the natural rights that all men have wherever they may be.


You will find that British people not only do not want a right to bear armsYou do not get my point, or you are ignoring it. All British persons are not of the same mind. Or are you trying to tell me that every single British citizen who had his pistol confiscated didn't want a right to bear arms?


but actually value the right to live in a society free from the wide availability of firearms.Speak for yourself.