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Since: Mar 23, 2008 Posts: 22
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(Msg. 16) Posted: Fri Aug 08, 2008 11:36 am
Post subject: Re: Nuremberg vs. Guantanamo [Login to view extended thread Info.] Archived from groups: rec>arts>books (more info?)
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"laraine" <lariadc DeleteThis @yahoo.com> wrote in message
news:34864e36-99d0-46bd-99d1-7bfa76f2451c@m36g2000hse.googlegroups.com...
> Now, I thought that the Supreme Court had ruled a few
> times in favor of the Guantanamo prisoners. The most
> recent was just a few weeks ago, and the ruling,
> if I understood correctly, said that the prisoners should
> have the same rights in court as an American citizen.
> I wonder if that is because allegations of terrorism are
> related to crimes against citizens rather than crimes
> against soldiers(?)
No, the gist of US Supreme Court rulings is that the
US Constitution is binding on Americans, thus must
govern how American agents treat prisoners of the US
government (of whatever nationality and in whatever
place.) No news report suggested Supreme Court rulings
were oriented by differences between civil crimes and
war crimes.
The practical problem is that after giving a judgment
that might affect how the US military treats prisoners
the Supreme Court has no direct way of enforcing it.
(E.g. Habeas Corpus demands that a US prisoner be
arraigned before a US judge: but the Supreme Court
cannot create a US court in Guantanamo, or oblige
the US army to move a detainee to a place where
US courts have jurisdiction.)
--
Don Phillipson
Carlsbad Springs
(Ottawa, Canada) >> Stay informed about: Nuremberg vs. Guantanamo |
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Since: Dec 02, 2007 Posts: 7
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(Msg. 17) Posted: Sat Aug 09, 2008 3:24 pm
Post subject: Re: Nuremberg vs. Guantanamo [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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On Aug 8, 10:36 am, "Don Phillipson" <e... DeleteThis @SPAMBLOCK.ncf.ca> wrote:
> "laraine" <lari... DeleteThis @yahoo.com> wrote in message
>
> news:34864e36-99d0-46bd-99d1-7bfa76f2451c@m36g2000hse.googlegroups.com...
>
> > Now, I thought that the Supreme Court had ruled a few
> > times in favor of the Guantanamo prisoners. The most
> > recent was just a few weeks ago, and the ruling,
> > if I understood correctly, said that the prisoners should
> > have the same rights in court as an American citizen.
> > I wonder if that is because allegations of terrorism are
> > related to crimes against citizens rather than crimes
> > against soldiers(?)
>
> No, the gist of US Supreme Court rulings is that the
> US Constitution is binding on Americans, thus must
> govern how American agents treat prisoners of the US
> government (of whatever nationality and in whatever
> place.)
I think you are referring to Article I, Section 9, of
the Constitution, where it says:
'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.'
C.
>No news report suggested Supreme Court rulings
> were oriented by differences between civil crimes and
> war crimes.
>
> The practical problem is that after giving a judgment
> that might affect how the US military treats prisoners
> the Supreme Court has no direct way of enforcing it.
> (E.g. Habeas Corpus demands that a US prisoner be
> arraigned before a US judge: but the Supreme Court
> cannot create a US court in Guantanamo, or oblige
> the US army to move a detainee to a place where
> US courts have jurisdiction.)
>
> --
> Don Phillipson
> Carlsbad Springs
> (Ottawa, Canada) >> Stay informed about: Nuremberg vs. Guantanamo |
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Since: Dec 02, 2007 Posts: 7
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(Msg. 18) Posted: Sat Aug 09, 2008 3:32 pm
Post subject: Re: Nuremberg vs. Guantanamo [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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On Aug 4, 4:14 pm, "Francis A. Miniter" <famini....RemoveThis@comcast.net> wrote:
> Nuremberg established that humans are capable, acting as an
> international group, to effect justice against true war
> criminals, persons who engaged in mass murder and similar
> crimes against humanity. The procedure established and the
> rules of evidence were respected by all, the judges were
> from multiple countries, the trials were open - indeed,
> televised - and the outcomes were, therefore, accepted by
> the world. The true heir of this court is the International
> Criminal Court, by was of the special criminal tribunals at
> the Hague over the years, such as the current International
> Criminal Tribunal for the Former Yugoslavia.
>
> On the other hand, we have the Guantanamo tribunals, which
> try to prove that Bin Laden's driver is a war criminal of
> the magnitude of Goering. In addition to the pathetic
> comparison of crimes invovled, we have no international
> involvement (far from it, none of our allies would touch
> this from a mile),
Are you sure they wouldn't help? Doesn't
it seem that when one country accuses
citizens of another country of a crime,
an international court should be involved?
Many of our allies sent troops to Afghanistan,
so I don't see why they wouldn't help or
wouldn't have helped in this instance.
C.
>procedure and rules of evidence that have
> been challenged and overturned as unfair, trials that are
> secret, evidence that cannot be viewed by the defendants or
> their attorneys, and outcomes which, therefore, will never
> be accepted by the world.
>
> These Guantanamo tribunals are a farce and should be ended.
>
> Francis A. Miniter >> Stay informed about: Nuremberg vs. Guantanamo |
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Since: May 13, 2008 Posts: 86
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(Msg. 19) Posted: Sat Aug 09, 2008 7:18 pm
Post subject: Re: Nuremberg vs. Guantanamo [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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On Aug 9, 7:28 pm, "Francis A. Miniter" <famini... DeleteThis @comcast.net> wrote:
> Cheney wanted to use
> "extreme interrogation techniques". That in itself was more
> than enough reason for the rest of the world to tell us,
> "Count us out. We will have nothing to do with prosecuting
> people who have been tortured."
<. . .>
> In these circumstances, what other government would want to
> get involved?
Burma, China, Peru, North Korea, Egypt, Cuba, Syria, Venezuela, Iran,
Gaza, Saudi Arabia, Yemen, Argentina, Kuwait, San Salvador, Turkey,
Guatemala, Algeria, Ecuador, Sudan, Nigeria, Mexico, Russia, Russia
and Russia.
But this still doesn't answer the question of what's to be done about
the worst of them all--"Brownie" --you want "war criminals"? How
about weather criminals? Camp X-Ray is nothing compared to a FIMA
mobile home. You want torture?
Just answer this question, Brownie! Did you or did you not cause
Hurricane Katrina?
Arggggh!
--
JM http://whosenose.blogspot.com
http://jesusexegesis.blogspot.com >> Stay informed about: Nuremberg vs. Guantanamo |
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Since: Mar 10, 2008 Posts: 59
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(Msg. 20) Posted: Sat Aug 09, 2008 8:28 pm
Post subject: Re: Nuremberg vs. Guantanamo [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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laraine wrote:
> On Aug 4, 4:14�pm, "Francis A. Miniter" <famini....RemoveThis@comcast.net> wrote:
>> Nuremberg established that humans are capable, acting as an
>> international group, to effect justice against true war
>> criminals, persons who engaged in mass murder and similar
>> crimes against humanity. �The procedure established and the
>> rules of evidence were respected by all, the judges were
>> from multiple countries, the trials were open - indeed,
>> televised - and the outcomes were, therefore, accepted by
>> the world. �The true heir of this court is the International
>> Criminal Court, by was of the special criminal tribunals at
>> the Hague over the years, such as the current International
>> Criminal Tribunal for the Former Yugoslavia.
>>
>> On the other hand, we have the Guantanamo tribunals, which
>> try to prove that Bin Laden's driver is a war criminal of
>> the magnitude of Goering. �In addition to the pathetic
>> comparison of crimes invovled, we have no international
>> involvement (far from it, none of our allies would touch
>> this from a mile),
>
> Are you sure they wouldn't help? Doesn't
> it seem that when one country accuses
> citizens of another country of a crime,
> an international court should be involved?
Yes.
> Many of our allies sent troops to Afghanistan,
> so I don't see why they wouldn't help or
> wouldn't have helped in this instance.
Because they don't believe that most of the charges are
appropriate. First of all, the US took the prisoners
instead of handing them over to the international community.
They did that because, secondly, Cheney wanted to use
"extreme interrogation techniques". That in itself was more
than enough reason for the rest of the world to tell us,
"Count us out. We will have nothing to do with prosecuting
people who have been tortured." Third, with one or two
exceptions, the persons accused are low-level al Qaeda
operatives, at best. The upper levels ones that we have
seized have been taken "by rendition" to undisclosed
countries for severe torture and are not presentable for
trial, at least legally, because of their treatment, and
possibly physically, again because of their treatment.
In these circumstances, what other government would want to
get involved? >> Stay informed about: Nuremberg vs. Guantanamo |
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Since: Dec 23, 2007 Posts: 76
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(Msg. 21) Posted: Mon Aug 11, 2008 6:00 am
Post subject: Re: Nuremberg vs. Guantanamo [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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On Aug 11, 6:26 pm, The Other <ot....TakeThisOut@address.invalid> wrote:
> "Don Phillipson" <e....TakeThisOut@SPAMBLOCK.ncf.ca> writes:
> > "The Other" <ot....TakeThisOut@address.invalid> wrote in message
> >news:lyhc9xky8a.fsf@circe.aeaea...
>
> > > I'm aware that "crimes against humanity" were defined, but my
> > > point is that they were defined arbitrarily by the victors. For
> > > instance, they didn't include fire-bombing Dresden or dropping
> > > atom bombs on Japan.
Who were dispensing the "victors' justice"? To be more precise, who
were the judges and how were they selected? Were they from neutral
states? >> Stay informed about: Nuremberg vs. Guantanamo |
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Since: Mar 10, 2008 Posts: 59
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(Msg. 22) Posted: Mon Aug 11, 2008 10:37 am
Post subject: Re: Nuremberg vs. Guantanamo [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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Arindam Banerjee wrote:
> On Aug 11, 6:26�pm, The Other <ot....RemoveThis@address.invalid> wrote:
>> "Don Phillipson" <e....RemoveThis@SPAMBLOCK.ncf.ca> writes:
>>> "The Other" <ot....RemoveThis@address.invalid> wrote in message
>>> news:lyhc9xky8a.fsf@circe.aeaea...
>>>> I'm aware that "crimes against humanity" were defined, but my
>>>> point is that they were defined arbitrarily by the victors. �For
>>>> instance, they didn't include fire-bombing Dresden or dropping
>>>> atom bombs on Japan.
>
> Who were dispensing the "victors' justice"? To be more precise, who
> were the judges and how were they selected? Were they from neutral
> states?
http://en.wikipedia.org/wiki/Template:Nuremberg_Trial_judges
Not from neutral countries. That does not mean the judges
were not neutral themselves. But also, what should be noted
is that it is not the judges who bring the charges, but the
prosecutors, and the prosecutors would be expectedly one-sided.
Francis A. Miniter >> Stay informed about: Nuremberg vs. Guantanamo |
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Since: Dec 20, 2007 Posts: 14
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(Msg. 23) Posted: Mon Aug 11, 2008 11:26 am
Post subject: Re: Nuremberg vs. Guantanamo [Login to view extended thread Info.] Imported from groups: per prev. post (more info?)
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