-Caveat Lector- http://www.prospect.org/print/V13/2/slaughter-a.html
"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?" ----- Original Message ----- From: "Prudence L. Kuhn" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Saturday, January 12, 2002 12:04 PM Subject: Re: [CTRL] Afghanistan: Experts Ponder U.S. Treatment Of Prisoners > -Caveat Lector- > > In a message dated 1/11/02 2:49:36 PM Eastern Standard Time, [EMAIL PROTECTED] > writes: > > << > The United States is set to start transferring scores of Al-Qaeda and > Taliban prisoners from Afghanistan to an American Navy base in Cuba. > Experts say the unique circumstances of the war in Afghanistan present > some daunting legal questions on how to treat those prisoners. > > Washington, 10 January 2002 (RFE/RL) -- The United States says it is > set to transfer an initial group from nearly 400 Al-Qaeda and Taliban > prisoners captured in Afghanistan to a U.S. base in Cuba where they will > be detained and interrogated -- and possibly tried for war crimes. > > But the matter of taking prisoners in Afghanistan, including the Taliban's > former ambassador to Pakistan, transferring them out of the country, > and perhaps trying them for war crimes has got U.S. legal experts > scratching their heads, wondering: Is America's behavior legal under > international law? >> > > This is fascinating. I heard Rummy this morning on BBC say these people were > not prisoners of war. He said they were "unlawful combatants." He said they > did not have the protection of the Geneva Convention. I don't know whether > their being kept in what amounts to kennel runs have anything to do with > this, but I'm really interested in his terminology. Does anyone out there > know where the term "unlawful combatant" comes from, and what is the > definition? 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. Substancenot soap-boxingplease! These are > sordid matters and 'conspiracy theory'with its many half-truths, mis- > directions and outright fraudsis 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 <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
