-Caveat Lector- In a message dated 1/12/02 8:41:36 AM Eastern Standard Time, [EMAIL PROTECTED] writes:
<< "In Afghanistan we're actually on a battlefield. Al-Qaeda members captured under such circumstances can be tried by military tribunals if they are "unlawful combatants" under the 1949 Geneva Conventions. The convention governing prisoners of war defines unlawful combatants as participants in an armed conflict who abuse their civilian status to gain military advantage: those who do not carry arms openly and do not carry a "fixed distinctive sign" such as a uniform or other insignia that would identify them as soldiers. Terrorists appear to fall into this category almost by definition, as they depend on concealing their identity before their attacks. If a prisoner is deemed an unlawful combatant, he or she is entitled only to a conviction pronounced by an impartial and regularly constituted court respecting the generally accepted principles of regular judicial procedures. This is a relatively low standard of due process, which military tribunals would almost certainly meet. But out of respect for our own values and traditions as well as public diplomacy, we should at least ensure that the rules governing such proceedings bring them up to minimum international standards of due process: a presumption of innocence, the right to choose counsel (although it may be from a list provided by the tribunal), a speedy trial, the right to confront and rebut adverse evidence publicly, and the right of appeal (which could be to a higher military tribunal). Ordinary prisoners of war, by contrast, may also be tried for war crimes but are entitled to the same standard of process that would be applied to our own soldiers: that is, a full courtmartial under the Uniform Code of Military Justice. But here's the catch: How do we distinguish between lawful and unlawful combatants in the first place? Until such a determination is made, all prisoners are presumptively entitled to POW status. Membership in al-Qaeda, per se, suggests unlawful combatant status, since a lawful combatant must be a member of an organization capable of complying with the laws of war. But it's not clear who gets to make this determination--a military tribunal or a full court-martial? >> What worries me is that I keep thinking back to the origins of the United States of America. The men who fought in the Revolution might have been considered as unlawful combatants. The Minute Men probably did not have uniforms, and I'm certain the English king considered them traitors and then some. My understanding from the history books was that our men (even when Washington commanded the army) were barefoot in the snow and starving to death. How would Rumsfeld have defined these men? Would they have been "unlawful combatants"? What makes a combatant lawful? I know President Bush is at war, but has the Congress declared war yet? What is the status of our military? I feel like Vinny Barbarino. I'm so confused. Prudy <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html";>Archives of [EMAIL PROTECTED]</A> http:[EMAIL PROTECTED]/ <A HREF="http:[EMAIL PROTECTED]/";>ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
