phillipos ([info]phillipos) wrote,
  • Mood: annoyed
  • Music: Doo-dee-doo di DUM!

Blahblahblahcraprant.

This annoys me, not as a political position but as a simple matter of facts vs. blind assumption untempered by bothersome logic, research, or education.

People claim that it's inhumane to allow individuals captured in the ongoing war on Terror (or war on Extremism, or whatever the hell it's supposed to be called now) to remain in custody without civil trials, and then to face them with military tribunals.

Violation of human rights, they say. Illegal, they say.

It reminds me of the time the press went stir-crazy over video of a South Vietnamese officer shooting a captured N. Vietnamese soldier in the head decades ago. They claimed this was illegal, a sign of the blood thirstiness of the S. Vietnamese and their allies, us the Evil Americans Who Club Baby Seals.

Well, that fellow the SV officer shot had been captured in a war zone in civilian clothing - he was a SPY, SABOTEUR, whatever you want to call it. The Geneva Convention allows the summary execution of such individuals.

(Insert brief pause while certain individuals begin arguing that this means the Geneva Convention was evil and should be eliminated and replaced) WHO CARES!? It's 'settled law' [heh] at this point.

And those same laws apply to all those Taliban and Al Quaeda, Fejahadeen (or however it's spelled) fellows we caught with no distinquishing devices or uniforms. They are not captured soldiers, they are captured spies and hostile operatives. They are not US Citizens. They have no rights on US soil. They are not guaranteed protection under our laws.

They = bad guys.

The legal precedent for military tribunals I need not even mention. But I will anyway, becuase I'm a smart-ass no-it-all. Nuremburg, the Hague, the post-WWII trials in Japan, etc.

And if we're going to use international precedents (the stupidest thing I ever heard of coming from the Supreme Court) then going back about 2,500 years of western history if they're in the custody of our military or civic authorities, than anything from the local constable/magistrate on up can do just about anything they want. (English Common Law precedents... ah, they make my heart sing.)

The twisted political views (rightist or leftist) we all hold aside, legally, what's going on at Guantanamo is perfectly legitimate. The issue is, rather, that certain people don't care what's legal, they care about what they individually think is the holy grail of social justice.

I figure it's the same thing with the constitution - they really hate it, and hate what it says, but they realize that's not kosher, so they read it and claim that it says things that I haven't found in their after five years of investigation.

Would that they were honest enough to say, "I hate the constitution, I hate the way our legal system works, in fact I hate anything that promotes any kind of general ethical outlook on society."

Aaaaaaaaaaaaaaaaaaaaand that's all.

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[info]collyannnaveepa

July 28 2005, 23:01:35 UTC 6 years ago

I'm a smart-ass no-it-all

It only seems appropriate to tell you that you spelled "know it all" wrong.

[info]phillipos

July 28 2005, 23:12:02 UTC 6 years ago


I thought it was rather funny, at the time.

[info]winksmilekiss

July 28 2005, 23:03:17 UTC 6 years ago

this is the policy topic (high school) for this year...

there are lots of constitutional grounds for the right to due process.
i could post them here. in fact...i think i will.
BAM!

Excerpt from: United States Constitution, Article I, Section 9
“The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.”

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Amendment XIV, Section 1
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The texts of these amendments extend privacy rights to American citizens. Generally, these rights only extend to citizens born in the United States or naturalized citizens, including Americans overseas and in the military. The right to privacy and due process does not extend, according to the Constitution, to foreigner or aliens.

BUT TO PROVE WHAT YOU SAY TO BE VALID, you would have to show me that for some reason, the values we uphold for our own citizens are ones that should not be upheld for humans in general.

And there have been several court cases which say that these rights, such as the rights to due process, do extend to aliens, as well as international laws, such as the Geneva Convention, and the fact that some of the people being held at Guantanamo ARE United States citizens.

And of course, we could take the logical right. How do we know that they're guilty if they haven't been tried?

Anonymous

July 29 2005, 05:00:51 UTC 6 years ago

You go on and on, only to end with "The texts of these amendments extend privacy rights to American citizens. Generally, these rights only extend to citizens born in the United States or naturalized citizens, including Americans overseas and in the military. The right to privacy and due process does not extend, according to the Constitution, to foreigner or aliens." BAM! [Gracese for 'oh, look at that, I win!']

The fact is, it's not a question of value, but of policy. To prove what I say is valid, I need only point to existing laws. My assertion is a matter of fact analysis. The administration is ENTIRELY within its LEGAL RIGHTS. That's my ONLY point. The Geneva Convention almost says that we can do whatever we want, right up to summary execution, to non-uniformed or otherwise declared soldiers/operatives in a combat zone. That is international law.

As for those that are United States citizens, if we capture a US citizen in the same situation, same rules apply. Especially if they're not being held on US soil. And no court case has ever adjusted the constitution to grant basic rights to aliens.

If you don't like the Geneva Conventions or the constitution, don't twist words. Just say so, push for amendments or the drafting of new ones. It'd be interesting.

And they are being held for strategic and intelligence reasons. Their guilt is not as important as what they know - which could have a direct impact on how many lives are lost in the future. They will all be tried by the appropriate authority. If it was good enough for Grand Admiral Doenitz, it'll be good enough for them.

-Phillip

Anonymous

July 29 2005, 16:59:28 UTC 6 years ago

You've made a case for legal, certainly (and I'll argue that when i get home and have access to my research stuff) but you've yet to prove a bit of ETHICAL.

Laws are very nice. The Geneva Convention is a great thing to have. But they are not complete. The Convention has the most ginormous legal holes in it ever. And also-soldiers! War is with another country, not on an idea. These people are not soldiers, because they fight for no army, no specific country.

Basically, whether it's legal or not, (and I'm not saying it is) it's not right, to deny people rights we consider basic human rights in this country because they didn't happen to be born here. Tu quoque-whether they'd do it to us or not,it doesn't make it okay for us to do it to them.

A question, and this is not to start an abortion debate, but rather to make a point. Do you believe abortion is okay?

Anonymous

July 29 2005, 17:01:01 UTC 6 years ago

e758rru

oh, and I forgot to add to the end of that last post-GO GRACE! I love my partner!

[info]phillipos

July 29 2005, 17:44:28 UTC 6 years ago


My only intention was to point out legality, in response to droves of people who scream nonsensically about how tyrranical and illegal it is. Nothing more.

If you want to talk ethics, feel free (especially as, while I don't think Cicero is right in claiming that in times of war the law falls silent, I agree with the Supreme Court in asserting that it speaks with a different voice - hence, I think the events at hand quite ethical.)

Ah! 'Tu quoque'! Literally, 'You also'. Citizenship is the matter you speak of - and they aren't citizens, and we owe them NOTHING. It is the responsibility of their own governments to see to their needs. That is a matter of practical ethics - nothing for nothing, eh?

We have no responsibility to these people at all.

To soldiers - any individual who is a part of a military or paramility organization that uses violent means to gain a particular end is a soldier. They even style themselves soldiers.

-Phillip
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