Originally Posted by jonathan7
That holds no logic, the only reason you wouldn't want to be tied to the Geneva Convention, would be so you could torture detainee's. The fact that Gitmo doesn't tie itself to the GC, is already slipping to what the terrorists do, and water boarding is certainly only just above what they do to our boys when they are captured. Most concerning is the instince by some morons in your government (Rumsfeld) that torture is useful, it is a psychologically proven fact that you don't get reliable intelligence from individuals who have been subjected to torture; everyone has a breaking point, and once that is reached an individual will tell you what they think you want to hear.
On-topic, Gitmo shouldn't be closed, it should be brought under the Geneva Convention, and all those there should just be put through due process, and those who are innocent let go.
Originally Posted by Litofsky
Actually, I propose that you are wrong, under the assumption that these 'terrorists' are fighting to free their land from US forces/influence. I'm not condoning their actions- far from it (I'm of the 'diplomatic solutions' opinions), but, rather, suggest that they are doing what they figure necessary to save their land. Do (we) not have troops stationed in (their) homes, occupying their nation?
'They,' of course, is a subjective term, but, in this case, I would say that the word 'they' means a belligerent against the US and allies.
I think you missed something:
Originally Posted by Geneva Convention
(d) That of conducting their operations in accordance with the laws and customs of war.
Source is the same as the first time I quoted the Convention.
Since Terrorists do not
"conduct their operations in accordance with the laws and customs of war
" then they AREN'T
covered by the convention.
As for this being covered under the UCMJ, well I think the people this would affect would really
dislike that turn of events, it's much more flexible in how stuff is done -more under the "Crime Control" model of a justice system- than the US Justice System proper....
But, if that's how they are wanting to be treated -like soldiers- than I'm more than happy to oblige them, assuming that they live up to their end of the bargain. You know, actually act like soldiers.