Unlawful enemy combattants

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Paleocon's picture
Location: Cabin John, MD

This subject was brought up in another thread and I felt it was important enough that it warranted starting its own.

The subject of the treatment of prisoners and the nature of conflicts with non-state actors has come up a lot in the news recently. The current legal status according to the positions taken by the United States is that non-state actors we encounter on the battlefield are to be considered "unlawful enemy combattants". Furthermore, any hostile action they take against us (even in the preservation of their lives) is to be considered a war crime whereas all actions taken against them are to be considered acts of war unlimited by the Geneva or Hague Conventions. We are, for instance, free to torture, use napalm, fire upon surrendering combattants, and subject prisoners to degrading public spectacles.

This is as stark departure from policies of the past though it can be said that past policies were not entirely well articulated. It is hard, for instance, to see our tolerating Russian treatment of the Mujahedin or Nicaraguan treatment of the Contras in similar fashion without protest. More to the point, it could be said that our very own independence movement had its origins in non-state actors (as do all independence movements). Would a modern King George be justified in waterboarding George Washington?

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Farscry's picture
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My position on this issue has been consistent and vocal ever since the "unlawful enemy combatant" issue cropped up at the start of the "War on Terror". I'm strongly opposed to it and believe it violates the principles of justice that were put in place by the founding fathers of the United States in the Constitution and the intentions of our justice system. It also is a big step backwards from the advancements towards peace and constructive diplomacy in the global theater that the Geneva Convention established.

When it comes to this issue, I am honestly ashamed of my nation for its actions and for the number of citizens that support them.

Sin Nombre, B*tches
HantaXP's picture

Sorry, a bit of a rant coming (plus maybe off topic) but Yea, Im pretty upset with what the US has seem to become recently. Sure I'm Canadian and typing this might prevent me from entering your country or get me tortured or something, but I don't really care right now.

I guess my question would be: Are you still ""proud"" to be American after your govn't has continued to disregard human rights, Geneva etc, have seemed to ruin any credibility of your country loving and protecting "freedom", destroyed your economy and (from the outside) have made a mockery of the democratic system and the "western" way of life?

Now I'm not taking Canada off the hook here as there is plenty of sh#t here that i'm not proud of either, including things we have done to our enemies. But, the shining beacon of the west that seemed to be America in the past, has been dragged down so low recently, that I really worry for the sake of things (both there and here).

Edit: Pur, you pre-emptively answered my question.

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HantaXP wrote:
Edit: Pur, you pre-emptively answered my question.

I'm Fars. The pirate hat's the giveaway.

Sin Nombre, B*tches
HantaXP's picture

Farscry wrote:
HantaXP wrote:
Edit: Pur, you pre-emptively answered my question.

I'm Fars. The pirate hat's the giveaway.

Sorry about that Fars , all I see is the kitty.

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Location: Syracuse, NY

HantaXP wrote:
I guess my question would be: Are you still ""proud"" to be American after your govn't has continued to disregard human rights, Geneva etc, have seemed to ruin any credibility of your country loving and protecting "freedom", destroyed your economy and (from the outside) have made a mockery of the democratic system and the "western" way of life?

I have a two part answer!

Yes I'm still proud to be an American. However, I'm embarrassed, dismayed, appalled and disgusted with our current administration and their blatant disregard for the Constitution that they claim to hold so dear. For a group that claims to be so "patriotic" it astounds me how cavalier they are with the basic premises that founded out country.

I've got to think that electing Bush/Cheney for a second term made the rest of the world think we're the dumbest collection of people on the planet.

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Location: Duluth, MN

Quote:

I guess my question would be: Are you still ""proud"" to be American after your govn't has continued to disregard human rights, Geneva etc, have seemed to ruin any credibility of your country loving and protecting "freedom", destroyed your economy and (from the outside) have made a mockery of the democratic system and the "western" way of life?

Honest question:

What the f*ck am I supposed to do about it?

And remember, the Japanese aren't commercially whaling. They're conducting "research". Like "researching how delicious this whale is". - Paleocon

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Nosferatu's picture

I'm pretty sure any of the founding fathers would have been executed for treason had they been caught.

"Also, I have four legs and am covered in wool. Baa!" *Legion* reveals his inner furry.

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Nosferatu wrote:
I'm pretty sure any of the founding fathers would have been executed for treason had they been caught.

I didn't know you were a Tory.

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Nosferatu wrote:
I'm pretty sure any of the founding fathers would have been executed for treason had they been caught.

Exactly how does that relate?

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Sin Nombre, B*tches
HantaXP's picture

Reaper81 wrote:

Honest question:

What the f*ck am I supposed to do about it?

You got me there, I have no idea.

Sin Nombre, B*tches
HantaXP's picture

Jayhawker wrote:
Nosferatu wrote:
I'm pretty sure any of the founding fathers would have been executed for treason had they been caught.

Exactly how does that relate?

I think that was a response to the OP about founding fathers and torture.

Sorry for the double post.

Executive
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Aetius's picture

Reaper81 wrote:
Quote:

I guess my question would be: Are you still ""proud"" to be American after your govn't has continued to disregard human rights, Geneva etc, have seemed to ruin any credibility of your country loving and protecting "freedom", destroyed your economy and (from the outside) have made a mockery of the democratic system and the "western" way of life?

Honest question:

What the f*ck am I supposed to do about it?

A good start would be not voting for the Democrats OR the Republicans in November.

Remember: this conversation is just between you and me ... and the NSA.

Bilge Cat
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Don't worry Aetius, at this point I plan not to.

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Location: Syracuse, NY

Reaper81 wrote:
Honest question:

What the f*ck am I supposed to do about it?

You disappoint me Reap. You're a former military guy. Get some of your buds and organize a coupe de tat!!

Here, I'll even give you a pretext to the takeover that most of the country will support:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

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I am outraged by government and dismayed at those who voted it into power. But I am proud to be an American. There's more to America than the notion of who's running the show in Washington right now.

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Nosferatu's picture

Jayhawker wrote:
Nosferatu wrote:
I'm pretty sure any of the founding fathers would have been executed for treason had they been caught.

Exactly how does that relate?


Original Post wrote:
More to the point, it could be said that our very own independence movement had its origins in non-state actors (as do all independence movements). Would a modern King George be justified in waterboarding George Washington?
And yes they probably would have been tortured before being executed, although it probably would have been a relatively short time, as I think the execution would have been a few days after their capture.

"Also, I have four legs and am covered in wool. Baa!" *Legion* reveals his inner furry.

Sharps Hazard
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Reaper81's picture
Location: Duluth, MN

Quote:

You disappoint me Reap.

:shrug:

A coup is a fun idea, isn't it? I round up every lawmaker in the land... and then what? I execute them, in the finest Roman tradition, holding my bloody hands high for the all world to see... and then what? I run the country. I make the laws. And more people will die. And then what?

Quote:

Here, I'll even give you a pretext to the takeover that most of the country will support:

Support? So, they'll make a magnetic bumper sticker that says, 'Support our Treasonous Insurrectionists'? Even if they did, they'd still just slap a bumper sticker on their Expedition and not lift one f*cking finger to actually help make things better.

This country, as so many people are quick to point, is going down the sh*tter. What the f*ck are YOU going to do about it? That's the question. Until every single person in this country realizes that change must be made and is willing to accept personal sacrifice and hardship to achieve that change, we'll trade one petty tyranny for another. True freedom isn't something you're born with, you earn it. Until you've had your freedoms taken from you, you will never be able to appreciate what the word really means.

We could kill every single member of our government and people would still live like sheep. Nothing would change because you haven't changed the people.

And remember, the Japanese aren't commercially whaling. They're conducting "research". Like "researching how delicious this whale is". - Paleocon

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Location: East of the Sun and West of the Moon

Reap, Getting rid of Lawyers Roman style. I like the way you think!!

Now the Field of Battle is a land of standing corpses;
Those determined to die will live;
Those who hope to escape with their lives will die. - Wu Chi

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Location: New York, NY

Lone Sailor wrote:
Reap, Getting rid of Lawyers Roman style. I like the way you think!!

Not lawyers. The government.

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Discretion is not the better part of
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Location: Perpetually suspended

The deeper problem, Paleo, is that the government now has the ability to point its finger at anyone, including an American citizen ON AMERICAN SOIL, claim that person is an enemy combatant, and lock them up.

Even a citizen, merely by being designated a combatant, loses all habeas corpus rights; they can't see the evidence against them or fight the detention in any way. The court has said they can be detained for the duration of hostilities; per the President, that will be longer than any of us are alive.

So, merely by having a finger pointed at you, you can now get life in prison, with no ability to appeal or even defend yourself. Even if the charges are completely bogus and trumped up -- say you've got a really hot Ferrari that some government agent wants for himself -- you have no ability to fight it in any way. You're a lifer.

This isn't about terrorism.

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What if the status quo pays the bills and gives you a fairly good lifestyle? One where frivolous luxuries like internet access, video games, a massive abundance of food, open travel, freedom of religion and speech. Before we get all Montana militia, maybe we should look outside our lifestyle is insanely easy and comfortable.

Discretion is not the better part of
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I'd rather, Maverick, have a hard life where I can be assured of proper due process and protection against malignant authority.

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Nosferatu wrote:
Jayhawker wrote:
Nosferatu wrote:
I'm pretty sure any of the founding fathers would have been executed for treason had they been caught.

Exactly how does that relate?


Original Post wrote:
More to the point, it could be said that our very own independence movement had its origins in non-state actors (as do all independence movements). Would a modern King George be justified in waterboarding George Washington?
And yes they probably would have been tortured before being executed, although it probably would have been a relatively short time, as I think the execution would have been a few days after their capture.

That wasn't the question.

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MaverickDago wrote:
What if the status quo pays the bills and gives you a fairly good lifestyle? One where frivolous luxuries like internet access, video games, a massive abundance of food, open travel, freedom of religion and speech. Before we get all Montana militia, maybe we should look outside our lifestyle is insanely easy and comfortable.

That is exactly my take on things. Though this thread is pretty seriously derailed, I think this point is particularly worth addressing.

Have we actually arrived at a point in American political development where democracy really doesn't matter? Are we at a point where comfort and the ability to provide for one's self and one's family at the micro level is more important than ensuring the political principles that matter to us on the macro level? In short, as long as its only brown skinned people with funny names that are getting up the ass now, do we really care? (Rev. Niemoller's paranoia not withstanding)

If we have, we aren't particularly exceptional. Most subjects of other regimes don't generally care what happens in official Beijing/Baghdad/Riyadh as long as they get their pot to piss in and their patch of dirt to scrape. As the old Chinese saying goes "Heaven is high and the emperor is far away".

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

Bilge Cat
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Farscry's picture
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Reap, I constantly rage with the same question: what the f*ck can I do about it?

Voting doesn't work, because as pointed out in the Telcomm thread, our choice is between who's going to wipe their ass with the Constitution, not who's going to actually return our nation to the principles it was founded upon. I'm voting third party this November, but I know that unfortunately that candidate stands no real chance of election just yet.

Activists accomplish damn near nothing these days. If they aren't locked away in a "free speech zone" where no one will hear or see their protests, or if they aren't getting arrested or having their lives f*cked with by the NSA/CIA/FBI/DHS/ for trying to fix things, then no one's listening to them anyway.

What can I do to fix this nation? Honestly? Nothing, that's what. Unlike Zaphod Beeblebrox, I've seen how small I am in the universe.

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Paleocon's picture
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Farscry wrote:
Reap, I constantly rage with the same question: what the f*ck can I do about it?

Voting doesn't work, because as pointed out in the Telcomm thread, our choice is between who's going to wipe their ass with the Constitution, not who's going to actually return our nation to the principles it was founded upon. I'm voting third party this November, but I know that unfortunately that candidate stands no real chance of election just yet.

Activists accomplish damn near nothing these days. If they aren't locked away in a "free speech zone" where no one will hear or see their protests, or if they aren't getting arrested or having their lives f*cked with by the NSA/CIA/FBI/DHS/ for trying to fix things, then no one's listening to them anyway.

What can I do to fix this nation? Honestly? Nothing, that's what. Unlike Zaphod Beeblebrox, I've seen how small I am in the universe.

I keep coming back to this, but it is worth repeating.

Voting is really only the end point of the political process. If you feel that you are not getting what you want from your party, it is important to get more involved, not less so.

Recruit and raise money for local candidates with whom you agree and trust. Candidate recruitment is extremely important. Half the reason why the religious wrong is so politically powerful is because they understand that it is a long fight that requires grassroots recruitment, activism, and fundraising.

Do not look to third parties to save you. They might be appealing, but most do not have either the political aparatus necessary to make an impact in elections or the breadth of experience in full tickets necessary to govern if they do. You are far better off working through coalitions to influence the parties with existing aparati. Choose one that is closer and build or reinforce a power block within it.

Early money is king. Primary candidates are always hurting for early cash where the biggest differences are made. The truly politically powerful understand that $10k distributed strategically to a handful of "exploratory committees" is FAR more influential than a political protest or Million Man March. Raise the money as a political action committee and $10k is very easy to come by.

Register voters in small districts. The electoral system in the US disproportionately favors podunk, one-mule burroughs where octogenarians pretty well own the political system. Seeing as fewer than 30% of folks show up to national elections and fewer than 15% show up to local ones that don't coincide with nationals, a dedicated 5% voting block pretty well has a stranglehold on the system. Be that 5% voting block and folks will have to listen to you. That's how Creationists get elected to school boards in Pennsylvania. Use that power for good.

All elections count -- as do all appointments. Do you research on who is running and who they are likely to appoint. This matters as much or more in local elections than it does in the big ones. Today's Jr. Dickhead may be tomorrow's Attorney General. Squash the political careers of the dogcatchers before they get truly dangerous. Nits breed lice.

It's a long fight and the effort is hard. But that is the cost of citizenship.

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

Wiener Bombardier
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Podunk's picture
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Aetius wrote:
A good start would be not voting for the Democrats OR the Republicans in November.

That'll show 'em!

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Robear's picture

Quote:

And yes they probably would have been tortured before being executed, although it probably would have been a relatively short time, as I think the execution would have been a few days after their capture.

Based on which historical occurances and policies? Several were captured and imprisoned for years, but not tortured. I'm aware of one guy who was beaten when captured, but I don't know the exact circumstances. I've seen claims that as many as five of the Founding Fathers were tortured, but no names given in those claims. Certainly, though, you need to distinguish between the normal brutality practiced upon captured enemies, and tortures inflicted because of the prisoners' prominence in the Revolution.

I think you do the British a serious dis-service here, and also downplay the seriousness of Bush's torture policies, which go well beyond our normal policies towards prisoners, and also well beyond our responsibilities as signatories of the Geneva Convention. Most interactions between the American and British forces seem to have followed the usual practices of the period, and routine torture of enemy leaders was emphatically not one of them.

Extremism in the defense of liberty *is* a vice. It has been since the first Crown Loyalist was tarred, feathered and set afire, and it's no better now. It corrupts first the individual, then ultimately the institution it defends.

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LobsterMobster's picture
Location: On a picnic, going "La la la!"

Aetius wrote:
Reaper81 wrote:
Quote:

I guess my question would be: Are you still ""proud"" to be American after your govn't has continued to disregard human rights, Geneva etc, have seemed to ruin any credibility of your country loving and protecting "freedom", destroyed your economy and (from the outside) have made a mockery of the democratic system and the "western" way of life?

Honest question:

What the f*ck am I supposed to do about it?

A good start would be not voting for the Democrats OR the Republicans in November.

Yeah... not participating in government is a great way to change it. >_>

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LobsterMobster wrote:

A good start would be not voting for the Democrats OR the Republicans in November.

Yeah... not participating in government is a great way to change it. >_>

Except the people being voted for will simply continue the same policies that are in place now, so I don't really understand your logic.

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