Iraq - Torture

This section is specifically for serious non-footbag debate and discussion.
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madshred2003
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Post by madshred2003 » 23 May 2004 20:32

ted wrote:
Splint wrote:by the way, where's Old Zealand?
Its an island in the Kattegat strait between Denmark and Sweden.

Image


as for the topic at hand... i typed out a huge rant about my feelings for this and america in general but accidently closed it and don't remember it all. so in short i think it's bullshit. i think there's a lot wrong with us americans. this is one reason why: we have assclowns like this making videos of something that should never be fucked with


this is sick
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Tsiangkun
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Post by Tsiangkun » 24 May 2004 17:07

ON the torture topic. . . .

It's come to light that some of the torture was performed by contract workers.
The contract was given through the Dept of Interior rather than the DOD, which is intriguing because contractors for nonmilitary agencies such as the Department of the Interior are able to escape prosecution for crimes they commit overseas because of a loophole in the Military Extraterritorial Jurisdiction Act. The law, passed in 2000, applies only to contractors with the Department of Defense.

So is this an 'oversight', or another well executed plan to subvert the checks and balances within the US/Global legal system ?

When civilians participate willingly in military affairs should they be defacto militants, and subject to military law ?

--Tsiangkun

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Post by FlexThis » 01 Jun 2004 15:37

In basketball when there is 2 minutes left on the clock and your team is behind, the coach will grab the worst players and throw them in the game simply to foul the opposing teams ball handler. He does this to stop the clock and hope for the rebound off the penalty shot. He uses his worst players for the task, because it's a dirty deed and the player committing the foul needs to be expendable.

I see a similar strategy here with the DOD and Dept. of Interior. They are indeed using none military personal to stop the clock, while not putting themselves in harms way legal wise.
When civilians participate willingly in military affairs should they be defacto militants, and subject to military law ?
No, they are not trained soldiers, nor have they taken an oath to follow the chain of command. In an instance such as this, the perps should be arrested and tried by a military style counsel, but serve their sentence in a regular jail. They cannot be tried by a regular court, because it is not setup to handle international law. It can be held in military court because they do handle international law, but you cannot court martial a civilian - duh - so the next best thing would be to convict them of a war crime and then translate that into an appropriate civil sentence.

Often times though civilians are granted immunity when things like this happen. So I doubt you'll see a thing happen. Hence the loophole you spoke about.
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Post by MegaFighter_X » 01 Jun 2004 17:41

There really isn't a right on either side if we want to talk about the geneva convention. At least I think... Isn't there something abotu not taking civilion POWs? Also bombing civilian places without regard to who's hurt?

Now I'm not saying that it's right to "correct" a wrong with another, I'm just trying to make a point. I hate this war as much as the next guy, but a couple of things is all I wanted to say.
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HighDemonslayer
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Post by HighDemonslayer » 10 Jun 2004 20:56

I kind of thought the Geneva convention applied to UNIFORMED combatants in an opposing army.

I'm not sure.

-n
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sPinko-Mania
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Post by sPinko-Mania » 22 Jun 2004 15:10

http://www.cnn.com/2004/LAW/06/21/rumsf ... index.html
WASHINGTON (CNN) -- The Pentagon has declassified and will release as soon as Tuesday memos signed by Defense Secretary Donald Rumsfeld that critics argue authorized torture of detainees at the U.S. prison camp at Guantanamo Bay, Cuba.

But Pentagon officials strongly disputed the contention that the aggressive techniques, including the use of dogs to induce fear, constituted torture.

Among the memos, Pentagon officials said, is a directive signed by Rumsfeld in October 2002 authorizing a technique called "water boarding," in which a prisoner is strapped down, immersed in water, and made to feel as if he is going to drown.

But officials insisted the technique was never used and that the authorization for it was rescinded in January 2003 following an internal review of interrogation techniques and objections from military lawyers who said the practice would violate the Geneva Conventions.

The "water boarding" was requested for one particular prisoner, a high-level al Qaeda detainee who was believed to have information about a possible terrorist strike, as well as details about the attacks of September 11, 2001.

Other U.S. officials identified the detainee as Mohamed al-Kahtani, a Saudi believed by some to be the intended "20th hijacker."

The memo signed by Rumsfeld did not specify that the "water boarding" would be used on only one person, but it did require further notification and authorization before the technique could be used.

Pentagon officials said that instead of applying the technique, investigators subjected the prisoner to an interrogation session of up to 20 hours, forcibly shaved his head, and fed him military rations instead of his normal diet.

Last week, Rumsfeld complained that people were defining torture in a way that -- in his words -- "doesn't fit a dictionary definition of the word that one would normally accept."

"There is no wiggle room in the president's mind or my mind about torture," he told reporters at the Pentagon after a meeting with Afghan President Hamid Karzai.

"That is not something that's permitted under the Geneva Convention or the laws of the United States. That is not to say that somebody else couldn't characterize something in a way that would fit what I described."

Sources said another memo signed by Rumsfeld authorizes forcing detainees to stand for up to four hours at a time.

"I stand for eight hours a day," scribbled Rumsfeld at the bottom of the page according to a source. Rumsfeld, who does not like to sit, works at a stand-up desk in his Pentagon office.

The question of whether Rumsfeld or President Bush authorized interrogation techniques in the war on terrorism that would violate U.S. or international laws has become an issue in the wake of the revelations of abuse at Abu Ghraib prison in Iraq.

According to a classified report prepared for Rumsfeld last year, the United States was not bound by prohibitions against torture in the Geneva Conventions in detaining al Qaeda and Taliban members.

The report, a copy of which was obtained by CNN, was dated March 6, 2003, and based on an advisory opinion from the Justice Department's Office of Legal Counsel. (Full story)

Bush was asked about the report during a June 10 news conference at the G-8 summit in Georgia.

"The authorization I issued was that anything we did would conform to U.S. law and would be consistent with international treaty obligations," Bush told reporters.

Bush said he could not remember whether he saw the report but reiterated he had instructed that the treatment of terror suspects stay within U.S. and international laws.

Bush was asked, "If you knew a person was in U.S. custody and had specific information about an imminent terrorist attack that could kill hundreds or even thousands of Americans, would you authorize the use of any means necessary to get that information and to save those lives?"

"What I've authorized is that we stay within U.S. law," Bush responded.

Leading up to the Iraq war, Bush said Iraqi prisoners would be treated in accordance with the Geneva Conventions. Rumsfeld said last month that Bush had made that instruction clear.

Under heavy questioning from Democratic senators at a hearing two weeks ago, Attorney General John Ashcroft refused to say what legal advice his department might have given others in the executive branch regarding the possible use of torture against terror suspects. (Full story)

But he insisted Bush did not authorize illegal techniques during interrogations
I wonder if Rumsfield is going to resign.

Hearing the Bush admin wriggle around the definition of "torture" is like hearing Clinton wriggle around the definition of "sexual relations."
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Post by MegaFighter_X » 23 Jun 2004 01:20

I doubt it. If he did, the entire administration could colapse president Bush. So Bush does what he can to keep rummy there so he doesn't sing like a songbird...

But maybe that's just a paranoid view?
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Jeremy
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Post by Jeremy » 23 Jun 2004 05:48

HighDemonslayer wrote:I kind of thought the Geneva convention applied to UNIFORMED combatants in an opposing army.

I'm not sure.

-n
The Geneva convention applies to all prisoners of war, regardless of what they are wearing, their political beliefs, hair colour, or love of footbag.

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sPinko-Mania
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Post by sPinko-Mania » 23 Jun 2004 23:30

Jeremy wrote:The Geneva convention applies to all prisoners of war, regardless of what they are wearing, their political beliefs, hair colour, or love of footbag.
Nathan is half right, among other things you have to have some sort of distinctive clothing or sign that can identify you from reasonable distance, to be considered a prisoner of war.

This is partly irrelevent though, since the US has ratified the UN Convention against Torture.
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HighDemonslayer
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Post by HighDemonslayer » 24 Jun 2004 00:40

Jeremy wrote:
The Geneva convention applies to all prisoners of war, regardless of what they are wearing, their political beliefs, hair colour, or love of footbag.
Oh, if they don't love footbag, then we cut their arms off so they have to play footbag.
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