Justice in Guantanamo Bay?
It appears that trials of a sort (Don't know if they can be described as trials) have been proposed for the detainees of Guantanamo Bay.
Here is an article (don't take too much notice of the headline, there isn't too much of Britain blasting the US in there) describing the process. There has been interest here in Australia about the fate of David Hicks, who is featured in this article. By interest, i mean of the people, not of the government, as our Prime Minister is ignoring the whole issue. link... Anyway, some conditions of the proposed trials: - Seven member tribunal, only one of which is required to have legal training. - Rules of evidence do not apply - No right to confer privately with his lawyers or appeal if found guilty - Release is not guaranteed if suspect is found not guilty There is also question over the possible use of capital punishment. So what do you think? Could this possibly be called justice? Does anyone think this is right? (Also, please keep in mind that this is proposed, and not a sure thing) |
wtf happened to international laws? this is fucken BS is gwb doesnt have to follow any laws/treaties just by calling them "detainees". trust me, this can also be used against us. US has troop presense almost everywhere on earth.
"Release is not guaranteed if suspect is found not guilty" - then what's the purpose of the trial?? they're back in square one - being held indefinately w/o counsel. i'll bet u almost anything, most these people have nothing to do w/ what happened on 911. we just went over there and took 'em in. |
Just keep pouring out your bleeding heart Dude, these people wouldn't think twice about killing you or anyother Westerner. These people are ruthless cowards who are finallying going to get what they deserve.
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*dons asbestos suit, and sprays down the thread with flame retardant chemicals.
That done...i think its grand that the pinacle of justice in America is secret military executions in a communist island. Apparently, irony is still dead. Not trying them in the open is a big mistake...since it will only fuel suspicion of our motives and means, at home and abroad. |
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Who do you think you are? I bet you cant name one prisoner in Guantanamo (no google!)
The distance between America's fanatics and Al-Qaeda's fanatics is getting smaller and smaller. |
al-qaeda's would like to murder everyone they hate, including you. Second i would question, if that artical is completly accurate, or if its just some inflated story.
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military did an excellent job of fighting this war and capturing this alleged terrorists. these people are human. and i think all Quote:
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Anyway... these are the type of "soldiers" that torture and execute US soldiers, and celebrate such acts by dragging the mutilated bodies through the streets (somalia). Frankly, I don't give a rat's arse about their human rights. Screw them. (/rant) |
It shits me that an Australian David Hicks is to be tried at Guantanamo Bay whilst Americans caught in the same circumstances are tried in US courts. What a surprise that the Johnny Howard/Dubya kissy kissy bullshit special relationship does bugger all for the civil rights of Australian citizens.
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FYI, the UK also has the same problem - one of their people was captured too. No complaints or extradition requests. I suspect the Australian and UK government are secretly quite happy to have the US prosecute these guys - otherwise, they'd have to do it themselves, and get the associated flak from human rights campaigners and extremists alike. |
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Second, you are starting to sound just like "them". The reason the US is greatest nation on Earth is that we hold ourself to a higher standard. If these people are guilty, they should be found guilty by a court of law and executed. if not they should be sent home. What is so wrong with applying the same legal standard to them? What are we afraid we might find? |
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I don't think there's anything we'll find when we send them to jail - it's just that we don't *have* to send them to jail, because of their legal status. In fact, back in the olde days (2nd World War), spies and saboteurs would probably have been executed right away. These terrorists are a different case altogether, because we cannot execute them (they'd be "martyrs"), we cannot set them free (they'll kill us), and we cannot put them in an ordinary prison (too dangerous). G'bay is the best solution. The fact of the matter is that I'm getting a bit fed up with all this touchy-feely stuff we Westerners are supposed to do, while a bunch of ignorant extremists from the middle-of-nowhere try to kill us all. If they want to fight us, I suggest we give them the fight they want. And I can guarantee that such a war will be rather nasty - contrary to what these guys seem to think, Westerners are not weak and scared - we have a LOT of experience in fighting, way more than they can ever dream of... |
what is the purpose of surrendering then, if you are basically going to be executed or held in captivity indefinately?
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that's why you need a trial. |
Justice would be martyring every one of them, not letting them loose thanks to our buggy justice system.
OJ Simpson is more innocent than those held in Guantanamo Bay. |
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Blair hasn't said anything about this as he is so far up Bush's arse that we can no longer even see his feet ! |
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Neil Roberts died fighting for the principles the country was founded on and the oath he took to uphold the constitution. Now we are being told the US can waive those rights simply by declaring a person an illegal combatant? Where is the legal precedent for declaring them such? Rather than charging these people with war crimes, as should be done, we have created a legal shell game in which we just warehouse them until an administration with enough balls to actually solve the problem comes along. As far as prisoners making threats to kill people, I point you to your nearest maximum security prison... Quote:
PS - Number of times the Netherlands has liberated the US = 0. ;) Quote:
1. Reinforce what radical muslims already think about the US (that we are out to get them), and 2. Let them win by forcing the US to curtail its liberties, thus becoming just a bit more like them. Quote:
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My take on things: The US arrests people, and puts them in a prison camp. The camp holds about 600 people. If the US were to pick up random people, there would have been many more in G'bay. Obviously, they're picking up a select few only.
Judging from the background of this whole war on terror, I suspect most, of not all of those in that camp are guilty of some pretty horrid crimes. You don't get send there for just insulting someone, or even threatening to kill someone; you get send there for actively waging a terror campaign against the anyone on the planet that doesn't share your narrowminded worldview. This is a crime punishable by death in both my book, and quite a lot of law books. The US could have shot each and every one of these people, and nobody would have cared one bit; they'd have been nameless corpses somewhere in a far-away country. However, because of the background, these suspects are rounded up for interrogation, and to keep them out of harm's way. If the US were to try them, they might be acquitted and released, even if they later prove to be guilty (OJ is a good example of how things can go wrong). If the US were to kill them, they'd lose potential information, and quite a lot of PR. Therefore, the guys are kept in prison until the war is over, or at least until it has died down a bit. Then, they might be put on trial. Given that we are at war with a brutal enemy, cowardly enough to hide amongst the innocent, we have to bend, or even break the rules a little to be able to fight them. I am willing to accept that. Other people here seem to believe we can win a war by playing fair, and upholding each and every law in the book just because we're the good guys. Well, I think there are no good guys in this war, only guys trying to stay alive and reach their objective. Our objective is to survive this onslaught and preserve our way of life; the terrorist's objective is to scare us into submission and eventually to take over the world, driving us back into the dark ages. I'd like all humans to be friendly and happy, but the reality is different. If I have to choose, I'd choose to stick up for yours truly and friends, rather than for some nameless person in a country on the other side of the world. Tough luck. |
Dragonlich,
My concern is that the people who were involved in overt acts of combat were shot in the head already. Then the soldiers went into the nearest house and took someone's cousin on "suspicion". Now they are interogating people to find out where more terrorists are located or operating. Of course, neither of us know since we aren't there, lawyers aren't there, and family members aren't there. You have the luxury of stating "we have to bend, or even break the rules a little to be able to fight them. I am willing to accept that." because, last time I checked, Netherlands wasn't heavily militarily involved in this. It's my country's head that is going on the chopping block when something goes awry, my country that is taking the international heat, my country that is going to be the target of further acts of aggression due to misperceptions of injustices done to these detainees. With all due respect to your opinions, my country's soldiers are holding these detainees, my country's soldiers are dying at the rate of one per day (with a significant number of British soldiers, as well), and my country that is taking the lead in this campaign. So, your willingness to take "risks" with my country's reputation, use (or abuse) of its legal technicalities, and etc. doesn't put much of your interests up at stake. |
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what i dont get is, why arent they giving the rights of war criminals or pow's.
if they do get a fair trial, does the administration have a chance of losing? |
Smooth, just for the record: My country *is* putting people in danger. We are currently actively involved in the war on terror. Our navy is patrolling in the Persian Gulf (edit: duh!) in search of WMDs and terrorists, our soldiers are patrolling the streets of Kabul alongside the Germans, and our soldiers are going into Iraq soon, to support the US there. Oh, and with Rotterdam being one of the most important ports in Europe, we could be a prime terrorist target. So, er... you're wrong. ;)
Debaser: think about that? I did. Last time I checked, our way of life didn't involve bending over while a bunch of savages fucks us up the arse. The people over here are not a bunch of pacifists, nor does our culture involve ignoring problems until they blow up in our faces... Just to refresh your memory: you *lost* in Vietnam because the enemy wouldn't fight fair. Terrorists are even worse, because at least the Vietnamese were confined to a certain geographical location. Modern terrorists can be anywhere, and there aren't many legal ways of stopping them. In fact, in *my* country, it is pretty hard to put someone in jail for plotting to blow something up - we'll need to introduce anti-terror laws to be able to do that... Until then, we cannot even use information from the secret service (CIA/FBI combo) as evidence! |
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So your litany of military interation elsewhere doesn't change or refute what I wrote. |
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And FYI, I don't think any extremist will think your imprisoning extremists in G'bay as excessive, or reason to attack you further. They already hate you and want you all dead; injustice in G'bay does not change that at all. It's just an excuse for more US-bashing (and worse). |
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Perhaps you dont believe in the right to a fair trial? There used to be a place for that kind of thinking, it was SOVIET RUSSIA. |
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I concur, IF they are found guilty - so lets give them trials and find out! |
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they have the right to think whatever they want. but, we can only take action against them if they take action against us. we just cant go all over the world pickin up peeps who hate us and want to kill us. |
Hence the phrase, "Peace through power".
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As for their basic human rights, they're having their trial, by way of a military tribunal. Are you saying that's not fair? I believe you may be happier in Soviet Russia yourself if you enjoy defaming our noble military servicemen like this. |
plz dont draw comparisons to another other nations (USSR, iraq whatever).
we're just not the same. we're at a much higher level than those countries. and i dont think we should stoop down any lower. |
Military Justice is to Civilian Justice as Military Music is to Civilian Music.
I like Military music. |
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2) Yes, you should - with today's terrorists and the possibility of WMDs, you shouldn't wait for anyone to take action against you, because that action might kill millions. 3) Define "action" for anti-US guys - does this involve preaching hatred of the Western world? does it involve training kids to blow up Americans? does it involve preparing for terror attacks? Or does it just involve those actual attacks, and only after the fact? I.e. where do you draw the line? |
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Yes im saying the military tribunal is not fair. You would have to be pretty ignorant of what the military tribunal is to feel otherwise. |
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But personally, I'd prefer a more constructive way of solving problems than brute force. However, if there are countries where the *leaders* refuse to stop anti-American (and anti-Western) people from plotting terrorist acts, or are actually promoting such acts, then someone should do something about it. Sovereign nation or not, when your citizens are preparing to attack another country, or supporting people that attack, you are fully responsible for those actions. Either you stop them, or the country being targeted has to stop them, to prevent a potential massacre. Remember, there's a difference between being "Anti-US" and supporting terrorist acts against the US. The former is perfectly okay, while the latter will get you in trouble, as it should. |
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Dumbush said 9/11 was an "ACT OF WAR" Note: "Act of WAR" Therefore they are POW's |
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if the whole world followed this principle, there would be no tomorrow. |
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Some of the prisoners in Guantanamo are from the UK. Is the British government fully responsible for the actions of these people? |
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Besides, since when do you lefties believe anything Bush says, I find it ironic his word is now the living word =). |
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I think I know what you're trying to say here, though: what if (for example) China were to say that people in Taiwan are plotting to attack China - they'd have an "excuse" to attack. Well, they don't. There wouldn't be any proof whatsoever for such a claim, and the Chinese would be kicked back in line. The US, on the other hand, faces attacks from global terrorists on a daily basis, which is well documented, and proven by the attacks in the past decades. |
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what if south korea acts on this? what if india acts on this? what if the countries in africa (where there is already a lot of wars) act on this? |
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BTW: theoretically the Iraq would have had the right to attack the USA befoe the US Attack because it was clear that the USA was planning an attack, right? Quote:
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What do you think constitutes a fair trial? |
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2. (btw) Your point? |
his point is that, iraq could have just as easily used the "pre-emptive strike" theory and started a war on the United states.
and in doing so, they would have had much more clear evidence of a possible attack since US troops were massing up near their borders. |
By the way, recently 37 people were released from Guantanamo Bay and sent back to Afghanistan and Pakistan so people there are obviously not being lined up and shot without any consideration.
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My principle doesn't change anything at all - countries are already attacking each other, so what's your point? You think that in reality (without my principle) they'll suddenly stop doing that, and all line up at the UN to talk? This hasn't happened over the past 50 years, so that is simply not the case. Quote:
Two: Yes Iraq would have had that right. I would not have been surprised if Iraq had lobbed some missiles (or WMDs) at the US troops as they were preparing to attack. However, Iraq obviously decided *not* to do that, in order to achieve some goal - they were hoping the war wouldn't start or something. So your point is? Quote:
And just because you don't hear about attacks doesn't mean they weren't planned - occasionally the FBI and CIA get it right, and arrest terrorists before they can strike. You know, like that moron that tried to blow up a bridge in New York... |
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BTW: the usa are searching for thei justification *after* the attack, in the above China example that would mean, that china could invade taiwan and *then* start to search for a reason. Quote:
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OK, but can you link all those attacks to one nation? can you say a nation is responsible for that? If a nation comes to mind it would have bee afghanistan, but the US already liberated them (LOL). I think a lot of attack right now are some sort of single attacks that are not linked to a certain nation. The al-kaida has broken up into samller, independent groups, hard to link them to a nation. And I think "on a daily basis" is a <i>bit</i> exaggerated Quote:
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1) s.korea invades n korea - pretty gruesome, china might kick in, US might help s.korea, north might use nukes...next world war? 2) india vs pak - another nuclear scenario |
north korea would beat the snot out of south korea, but it wouldnt use nukes on south korea. not only because it has enough guns to flatten s. korea without nukes, but also because north koreans and south koreans see each other as family, and you dont really nuke your family no matter how angry you are with them.
However its wrong to conclude that just because certain countries havent been able to work out their differences through diplomacy in the past means that diplomacy is a complete waste of time. Leaders change, people change their minds, progress can be made without reaching for weapons all the time. |
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As for the US reaction: it would have been swift, bloody and brutal. Any such move by Iraq would have been political (and real) suicide. Quote:
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And actually it doesn't really matter what reasons he had, or if he had reasons at all - he was forced to provide evidence, and didn't do it. the UN had no reason to belief his claims, not after the many lies he had told them already. Without evidence, the UN had no option but to either continue inspection indefinately, or end the inspections and attack. Any other option would have meant that Saddam would get away with breaking UN resolutions. The security council would never have accepted that. Quote:
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As Dragonlich says, the burden of proof was not on us, but on Iraq to prove that they indeed destroyed their WMDs and didn't just ship them off to another country or bury them in the sand. The war on Iraq should have been ended 12 years ago. |
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and i thought that he didnt care about his people. |
Saddam would not be seen as responsible, the United States would be.
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Regardless of who would be seen as responsible, Saddam would have been toast. He wanted to survive, thus he decided not to use WMDs. Well, that's one theory anyway... :)
The problem is that nobody but Saddam knows what he was thinking, or if he was thinking at all. We can only judge his actions against our experience and sense of reason. To me, his actions were pretty suspicious, and I don't even have access to all the intelligence data that the US president has. |
Something I'm still wondering, other than "people died" and "bush sucks", I hjaven't gotten an answer about why this war was a bad thing?
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You cannot piercieve it as irrelevant because if you do you are very much saying "i dont care about it.. this time."
Look one day the U.S. will be in a slump, it might not happen in our lifetime, but hell it might and for sure it will happen one day far in the future. And would that be justification for a more powerful nation to attack? The reason our country doesn't pre-emptive strike on N.Korea, China, etc. is because we know getting invovled there would really really screw things up and have far worst effects. And yes also because our casualties would a lot higher and would not be so pleasing to the public. But thats besides the point right now. Thing is though, the entire deal with whether its right or wrong should be CONSISTENT. You do not make up rules on one issue then change it to another. You stay as it should be. Anyways I expect the U.S. to still be seen as the land of the free with justice and all that stuff. I think it very un-US like to act the way it has. I for one think its too much of the gov't playing on the 9/11 fears. People please goddamn get over it. I know those are harsh words but you do realize all of you are just playing into the gov't and using those fears to justify what it has interests in? Sure, they may truly believe it is the right thing to do, but people please at least THINK for yourselves and not keep the past from changing what youwant to do in the future. Because if you have already changed, then the terrorists have won. |
Honestly I think we are going after the wrong country. I am pretty anti-war but I think there is one country out there we need to pay a visit too. I don't see it happening durring this administartion though.
http://msnbc.com/news/941425.asp Quote:
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Well its not so easy on SA being they do export a lot of our oil and what not. Its not going to be easy without suffering a lot for our economy and SA won't fall w/o the other Arab nations all coming to help - then we'd be in some crap for it.
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no way we're even gonna remotely try to attack saudi arabia. cuz they're our "ally". remember, either you're with us or against us.
what 11/18 911 hijackers came from there and i dont even remember hearing gwb tellin saudi's to reign in the terrorists, not alone a threat against 'em. |
Well, that is my point.
We can declare a county to "Harbor Terrorists" as long as there is no gain to be had by befriending them. This county can be pretty screwed up most of the time. Rarely do we do what is right just because it is right. That pisses me off. |
Well thats the thing that always irked me - theres this double standard floating around. You're either with us or against us - but you're gonig to be with us if you're against us simply because you have something we want (or because it makes us better)
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Actually, the Saudis have been getting a *lot* of flak from the US government. So much in fact, that they recently decided to finally attack "Al-Qaida" terrorists (just a tag) instead of blaming terror attacks on foreigners; usually Westerners, who did it to control the illegal alcohol market... Just because it's not all over the front pages doesn't mean that the Saudis aren't getting overt threats. I'd say there were enough unofficial threats in the past years, such as a semi-official government report (later denounced as "too extreme") that suggested the US nuke Mecca.
As I said, they're slowly changing their ways, because the government there can see where this is going. They won't stay a "friend" for long if they keep ignoring the problem. Remember: Saddam used to be everyone's friend too, until he went too far. |
he was still their friend. half of the middle eastern nations refused to help out in the gulf war II.
yes, they're changing their ways, but it's just too damn slow. they're too damn conservative. look @ the rights that women have there, NONE. we need a catalyist in there, in some form (which i dont know) |
Just the basics please: Presumption of innocence until proven otherwise, and a fair trial.
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What is their status?
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even if proven innocent, some are not released. |
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...but that's probably not what you mean, is it? :) |
Shooting at soldiers doesn't make you guilty - thats not a damn crime. So the lonely peasant defending his homeland shoots towards a soldier they're suddenly war criminal? Nah. Hell some of them only fought because they hate foreign invaders - so that reasoning at being innocent vs. guilty is wrong.
I'd say they were taken because they were suspected of links to Al-Qaeda - now obviously there are going to be mistakes but most probably got weeded out. I'd say its unlikely those who are held don't have some ties. But again, mistakes happen out there and should be avoided. As for the others... well thats for the tribunal to decide. Hell a lot may just go free but I'd say its those who are well known already to be part of the organization are the real ones who are in trouble. |
Shooting at a US sodlier certainly raises questions though. Plus, it's a good way to get killed.
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I'll never get in on these in time to really have a discussion, but imho, we (america) need to start applying our own values of justice to our internation policy. We have become the policemen that we swore we would not. But, we do not act judiciously, we act on our extreme xenophobic tendancies. The idea that, "they would kill us without a thought, so lets get em," implies that we are to have control over other countries as if they were not soverign. The world doesn't end at our borders, and we need to remember that in our values of justice, it is "innocent until proven guilty."
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even the un charter says that all suspects should be treated "innocent until proven guilty"
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Im sorry but anyone who thinks the Military tribunal is a fair trial is a bloody idiot. Even if they are found innocent by the tribunal, there is no guarantee they will be released.
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I'll agree with Wakosane in that some things the U.S. really -does- need to take a look at and see where it really is headed to. The reason so many controversies arrived lately is because of the direction of the U.S. - the "liberals" actually probably act really conservative and didn't want to see the country so drastically change direction *shrug*
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'Okay, they were presumed innocent until they started to shoot at US soldiers, which proved otherwise. The fair trial is about to happen, by military tribunals. '
Im gobsmacked by this logic. |
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No, obviously i cant prove they are innocent- thats why we have to be stringent in getting a fair and proper hearing for all of these people. If they are guilty, then lets prove in front of the world and get UN involved. This Guantanamo Bay malarchy is freaking abhorent to anyone who believes in proper justice. Shooting at an invading force of soldiers while being in your own country does not make a criminal. These guys may in fact be guilty of stuff though, but the course of justice is being manhandled by the US.
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Its absoloutly absurd, the rules of war (referring to the clothing thing) You'd think that putting the proportionally largest amount of military might against a weaker apponent in the whole history of known civilisation, would breach some kind of law too.
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Like it or not, the US is the top dog. Harbor people who attack us, and you will get the shit kicked out of you. If you think that this makes the US "meanies", then I suggest you look into teaching preschool. |
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How would you be certain they were wearing uniforms? Have you seen any TV clip about the Afghani war where any local was wearing a proper military uniform at all? |
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