[chrispedersen]

Originally Posted by Ylvali

Well spoken llamabeast. But it is important to remember that Guantanamo is bit a small peice of a great puzzle. I am not convinced that "fixing" it makes much of a difference unless part of a massive program to abolish the practices it represents. Neither gitmo or Abu ghraib are unique in any way, they just happened to get exposed.

Just like international law and human rights in general, right? You do know these rights are confirmed in several international agreements. But it sure seems like the american goverments have agreed with you so far, since those agreements have been sytematically violated for decades.

Furthermore since the trial is necessary to confirm the status of "enemy combattant" or "terrorist" your reasining falls because they are not (yet) confirmed as such when those rights are granted. Hence any rights cannot be denied for this reason until after trial.

I am not at all convinced Obama represents any real change on those issues, but I hope so.

Really, a great deal of this is uncalled for.

First: No, you are factually incorrect on several fronts. There are no laws giving US citizen rights to enemy combattants.
The rights of enemy combattants and governed by things like the Geneva conventions, and other documents.

Second: No, it has never been historically necessary to have a trial to determine that someone was an enemy combattant. Nor has it ever been established that you fly them to the United States, determine that an American Court has jurisdiction (if so, which, praytell?) and grant process the same as an American citizen.

Third: I do agree that human rights issues need to be addressed.
I do think the situation needs to be fixed. However, they are issues because they are difficult.

For example, the Geneva conventions apply, when both sides of a conflict are signatories, or so long as the non signatory respects the conventions of the geneva accord. Now, Al-Qaeda has not respected said conventions. But in fact it is probably not realistic to expect any terrorist movement to respect such conventions. So what then *are* the standards? Everyone agrees there should be standards, but I don't know what they are - and more to the point - I don't know anyone who does.

Secondly, something like 40% of the detainees who were released were caught again in conflict with americans. So they as a class basis, they represent a threat to american servicemen.

Thirdly - if you are going to bring them to american courts - which court. How do you determine standing?

American courts give the defendent the ability to question his opponents. Are you going to allow enemy combattants to ability to make american soldiers appear in court - while they are involved in military action?

So lets suppose that some of these people are guilty. You've brought them to the US. Now you are going to send them to jails in the US? So you're going to take an extremist who want to blow up people - and you're going to jail them with people who might have an ax to grind. Fertile recruiting grounds, indeed.

And these are just problems off the top of my head.


For those that don't read my posts, but rather just jump in and pile on with criticism, I'll say it again: I'm in favor of fixing the problem. Hearing someone say they are going to close down gitmo - with a lack of other details - does not inspire me to believe that the problems (for there are several) will be considered, let alone fixed. It rather much appears as if you are pandering to public opinion rather than actually considering the issues. As I said in the ealier post, its a decision that should take the best minds. The AG, SoS, JCS, SoD - etc.

You announce that you want to convene at camp david to brain storm what to do about Gitmo - I'd applaud.

Announce that you want to draft legislation on what to do about non-signatory resistance movements - I'd applaud.

Just announce that you are going to close gitmo.. without announcing how you are going to solve these other issues - and I am way less than impressed.