At 04:43 PM 11/15/03 -0800, Gautam Mukunda wrote:
--- Dan Minette <[EMAIL PROTECTED]> wrote:
> Yes and no.  I've seen Rumsfeld state that no trials
> are needed....they can
> be held indefinately without trial until the war on
> terror ends. The
> problems with this, compared to a war like WWII, are
> obvious I think.  The
> war on terror will not end until there are virtually
> no more terrorists.
> So, the Rumsfeld is claiming the right to hold
> people without trial
> indefinitely.
>
> Dan M.

And this is a real issue.  There are a lot of people
in that camp who have dedicated their lives to killing
Americans en masse.  I think there's a real
possibility that they are going to be held for a very,
very long time.  I don't see another solution to the
problem.  _But_ there is no right of habeas corpus for
battlefield captures.  Period.  None at all.  If these
guys were Americans, they would have Constitutional
protections.  They don't.  People like Erik can wave
their hands and make demands - but they aren't doing
the dying or the deciding.  Their hysteria is
fundamentally a product of immaturity - they are like
five years olds who want a diamond ring.  Adults have
to make choices and understand the consequences on
both sides of actions.  I _don't know_ for sure what
to do here.  I don't like keeping people indefinitely.
 I _really_ don't want to release Al Qaeda agents into
the world.  Military tribunals seem to me the best
compromise.  But either way they are prisoners
captured on a battlefield fighting without state
sponsorship - this makes them illegal combatants and
they _don't have_ even the rights of POWs, and nothing
even approaching the rights of American citizens.



Thus, one solution might be for some state (= country, not US state) to claim responsibility for them and their actions. Does anyone think there will be any takers? Particularly since that would mean that state was acknowledging that it had ordered its citizens to attack targets in the US, which would mean that that state would be at war with the US, and do you think any Middle Eastern state could stand up against the US in a regular (.ne. terrorist, .ne. guerrilla) war?




-- Ronn! :)

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