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#77 Jun 02 2004 at 6:10 PM Rating: Decent
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Sigh. So you're all for ignoring due process and just trying people in the court of public opinion.


You mean like the way Bill Clinton was treated in office.

You are so FOS.

Gbaji, you deserve yourself.

Eb
#78 Jun 02 2004 at 8:01 PM Rating: Decent
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I'm not into politics or anything but I can tell that Dubya is a blabbering idiot that can't pronounce the word "donor"...America managed to find the dumbest ******* and make him president. Let's just hope the jackass doesn't get re-elected...VOTE PEOPLE VOTE!!
#79 Jun 02 2004 at 8:35 PM Rating: Good
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pickleprince wrote:
Quote:
Sigh. So you're all for ignoring due process and just trying people in the court of public opinion.


You mean like the way Bill Clinton was treated in office.

You are so FOS.

Gbaji, you deserve yourself.

Eb


Um... Why am I "FOS"?

Look. If you're going to make personal attacks, at least be accurate. I argued vehemently that Clinton should not have been treated the way he was during the Lewinski thing. I disagreed with it from day one. I still disagree with it today.


That's the difference between me and you. You pick a side and from that day forward, that side is always right. You defend "your side", and attack the other. I look at each issue and make an assessment of it. My "side" is irrelevant.

What's FOS is someone like you, who applies different rules based on which "side" is doing what. When it's Clinton getting slamed, it's totally wrong and unfair. But when it's Bush getting slamed, suddenly you are all over that bandwagon...

What's amazingly sad is that people like you don't even see the absolute ridiculousness of your arguments. You have zero consistency at all. You have no moral or ethical standpoint you hold on to. You just keep supporing your side no matter what they do. That's scary really...
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#80 Jun 03 2004 at 12:49 AM Rating: Decent
Not true I was a republican until Bush declared war on Iraq. I heard and read everything I could get my hands on about it and felt WAY before the war, after Powell's speech that is that we were picking a fight with no just cause. Their are still Republicans I respect and some who I will always vote for, I have voted for McCain two times and will do so again if he runs again. Powell is another one I respect. But when more and more moderate Republicans start resigning in disgust from the whitehouse it can only be because of one thing, the administration has its head so far up its *** that it cannot thing what is best for the people just best for the Republican agenda.

My favorite story from the last election was that Max Cleland (ex D-senator from Georgia) got defeated when his oppenent ran on a war platform. Saying that Mr Cleland was unpatriotic, and ran ads showing his face along with Saddam and Hitlers. Best part is Mr Cleland gave 3 of his four limbs in service of our country in Vietnam. His opponent never served. Sound kinda familar?
#81 Jun 03 2004 at 8:47 AM Rating: Good
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WTF kind of neo-jingoism are you trying to surround yourself with? You're like those guys who say if you don't support Bush, you're a terrorist and want all out troops to die.

Sorry, but having a public opinion about something derived from the available evidence and remarks of those who've seen it is not unpatriotic. Having an opinion does not ruin due process any more than the public opinion swayed the OJ Simpson case or, perhaps more appropriately, the Rodney King trial. In both cases, "public opinion" was massively slanted towards thier guilt and in both cases they walked (later appeals/civil cases not withstanding). I suppose it's patriotic though to babble on about "OMG you commented on the Iraqi prison without seeing all the photos all linked to their source and a cross-referencing PsyOps manual so you want the American legal system dissolved and people asking you if everyone is guilty or not! You unamerican *******!"

All of which is beyond the point anyway. The point was that you were originally implying that we had no proof anything beyond embarassment was going on because you've only seen pictures of such. I was pointing out Congressmen who have seen photos of worse things than embarassment. If Rumsfeld wants us all to know the exact ratio of "Embarassment" (as if that's okay, after all.. being chained to a wall and threatened with dogs never hurt anyone) to "bona fide" torture, the means is at his fingers, 24/7 whenever he wants. Until then, I'm going with what's available which is the words of the elected officals who've seen them and those government sources who'll comment on them. What I'm not going to do is shut up and sit in the corner just because Rumsfeld wants to cover his own ***.
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#82 Jun 03 2004 at 11:45 AM Rating: Decent
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What's amazingly sad is that people like you don't even see the absolute ridiculousness of your arguments. You have zero consistency at all. You have no moral or ethical standpoint you hold on to. You just keep supporing your side no matter what they do. That's scary really...


I have never seen levels of hypocrisy get this high in one human (I think) brain.

Get some help, man. For all our sakes.

Eb

#83 Jun 03 2004 at 3:41 PM Rating: Decent
I like the man. Some people are mad at him for defying the UN but then again, in light of the Oil for Food program I do believe he made the right decision in leaving them out of the process. It is painfully obvious that many members of the UN had an interest in Saddam's continued dictatorship. Which leads me to another reason I like tha Dubster.. It was perfectly fine for Clinton to go into Serbia with military force because white Europeans were dying. Let him try to stop the smae behavior in the Middle East though? Yeah it's all about oil right? Because white Europeans are the only ones gauranteed civil rights and freedom in the world? As if going to Iraq truly had nothing to do with the War on Terror. The terrorists would rather bring the war to the streets of America and they are damn close to success until we cut the BS and started caring about our borders. So, we're fighting our War on Terror in Iraq not here. It was brilliant, we killed two birds with one stone.
As far as domestic policy is concerned I completely disagree with his stance on reproductive rights. One of the things that makes us so much greater than developing countries is the fact that college age and high school age youth have access to birth control. It's better for our economy and it's good for our communities. We've been overrun with foreigners who have less maturity when it comes to reproduction anyways. On this issue I vehemently disagree with the man but next subject... His economic policies have worked. We can't do anything about oil prices when it boils down to it. Instability in Venezuela and the Middle East have the US economy by the balls. In the light of these problems the markets and economy have shown amazing resiliency especially after September 11th.
Speaking of domestic policy, let's talk about gay marriage. What a load of horse crap that is. I mean, I can't point to any culture in history that allowed same sex marriages. Why do we have to start? To a degree the religious zealots we're fighting in our War on Terrorism have a point. We try so hard to have a shred of decency in the face of a foe who is taking a moral highground and then a small group of judges do something ludicrous like this. I'm not talking the god issue here either. It's just that to say that someone in washington can dictate who you marry as if to point the finger at Dubster is completely ridiculous. If I started calling computer monitors the Easter Bunny, got enough money and political backing behind me, it still wouldnt make computer monitors the frikken Ester Bunny. Homosexual "marriages" are not marriage at all. It has no legitamicy or historic backing whatsoever. Purely a political issue engineered to derail anyone opposed to it. It's horse crap and even the people behind it know it is.
Last but not least let's look at some facts about current US media realitys. The Abu Ghraib scandal stood on the front pages of national publications and headlined TV news stories for months and months. When the White House releases real pictures of wanted terroist suspects it lands on page 6 though. When the news media whose job it is to state facts and reality to its customers slants itself it only elads to indoctrination. Sure it might be hip and cool to dislike Bush right now. That's nothing mroe than a product of social engineering however. The fact of the matter is Bush has beena fine President in the face of so much turmoil. Also I can;t remember in our history where a wartime President has been elected out of office except in cases of wrongdoing. We are in the middle of a war despite whatever mechanations of our liberal media are. He has done well as leader and should be re elected. These are just my opinions. Feel free to feel however you want though.
#84 Jun 03 2004 at 5:33 PM Rating: Decent
Clinton, didnt hamstring the CIA that was Reagan. Clinton didnt hamstring the FBI that was J Edgar Hoover. Clinton did in fact have standing orders to take out Osama bin Laden, but the CIA was too afraid of being caught with their pants down from the Reagan Whitehouse Iran-Contra crap to risk themselves again.

One thing he did do to prevent terrorism was to go into Bosnia, and prevent Al-Queda from overtaking that country. Another thing he did do was after two of our embassies were attacked was to launch some 70 cruise missles into Afgahnistan at terrorist targets. Yet another thing he did do was focus so hard on Al-Queda that Reagans two chief terrorism specialists during his administrations commended him for his efforts against terrorism. Another thing he did do was prevent the one time Iraqi terrorists did try something against us in taking out Bush Sr. after he was retired in Kuwait, and then destroying their Intelligence building in retaliation. One thing he did not do was invade a country who had nothing to do with 9/11 and try to pass it off as such, then as a search for WMD, then as a humanitarian aid program.

Our men and women time and money would be much better spent in shoring up our pourous borders, making our travelers actually safe in airplanes, actually funding Department of Homeland security. Funding our fire departments, police forces, cities into preventing this from happening again. Or on the foreign part of it fixing things in Afghanistan, Iran, Pakistan, and Saudi Arabia, and hope that Russia or with our help Russia and us can stop Al-Queda movements in Chechnya. Al-queda has infiltrated these cities/countries and uses our war in Iraq as propoganda to recruit more converts to their radical Islamic agenda.

All we have managed to do so far is stretch ourselves thin, and spend money that would be better spent making us safer. Again when the next terrorist attack happens on our soil, I hope its in your city and not mine, but to adendum to that I hope our next chief executive has the scope and abilitly to think outside of furthering his own agenda to actually try and use that as driving force to making us and the world safer.

Quoting myself from another thread sue me same dumb oppinions deserve the same response.

#85 Jun 03 2004 at 9:46 PM Rating: Good
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pickleprince wrote:
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What's amazingly sad is that people like you don't even see the absolute ridiculousness of your arguments. You have zero consistency at all. You have no moral or ethical standpoint you hold on to. You just keep supporing your side no matter what they do. That's scary really...


I have never seen levels of hypocrisy get this high in one human (I think) brain.

Get some help, man. For all our sakes.

Eb


Ok. How exactly am I being hypocritical? It's one thing to accuse someone of something. It's another thing entirely to be able to support your accusation.

When Clinton was being raked over the coals for getting a BJ, I argued that people should hold off judgement and hold of on the rhetoric and innuendo.

Now that Bush is bing raked over the coals for "allowing" the abuses in that prison to occur, I'm simply arguing the exact same point. Let's not jump to conclusions. Let's not grab onto every tidbit of information, no matter how vague and make accusations based on them.


Hypocritical is doing one thing when it is to your advantage and doing the *exact opposite* when it's not.

So if you thought it was "unfair" when Clinton was being mauled in the press for Lewinski, if you think it's anything other then "unfair" for Bush to be mauled in the press for this, then you are being a hypocrit.

Worse, if you are one of those people howling for judgement and revenge before any facts are known, and before a full investigation has taken place, then you are doubly hypocritical. You aren't just accepting what you didn't like when it was Clinton in the crosshairs, you are the one doing it.


Why am I suddenly a neo-**** because I simply ask that people not rush to judgement? I find that amazingly funny.


I also am bothered by the amazing polarization that politics has undergone. I'm a moderate. I always have been. However, I'm labeled as an ultra conservative simply because I don't jump on the "slam bush" bandwagon. Um... When did that happen? When did *not* being ultra liberal mean one must be ultra conservative? I hate to burst people's bubbles, but there's a whole range of political belief between the two states.


Even more annoying is when I list my "moderate" beliefs, and some folks (Smash has argued this on at least 3 separate occasions) argue that since I don't profess to ultra-liberal causes, I shouldn't support the current administration. How on earth can I be a Republican when I don't follow a hardline conservative structure?


Here's the quick answer folks. A party is made up of people. Those people ultimately determine what the parties objectives are. If you are wondering about how so many people who profess to not wanting prayer in school, or a revocation of Roe v Wade can possibly call themselves Republicans, the most likely explantion is that your idea of what that party is about is wrong.


Sheesh. When did being the voice of reason suddenly become vilified? Some of you people are ridiculous...
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#86 Jun 03 2004 at 9:56 PM Rating: Decent
Gbaji your not a moderate not even a moderate republican you claim to have beliefs that make you a moderate but always cowtow to the party line every time it is brought up.
#87 Jun 04 2004 at 2:18 PM Rating: Good
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flishtaco wrote:
Gbaji your not a moderate not even a moderate republican you claim to have beliefs that make you a moderate but always cowtow to the party line every time it is brought up.


See what I mean? Because I'm not screaming for Bush's head on a platter, I'm a hard core right winger in your view.

Since when did simply suggesting that we allow due process to take it's course instead of yelling and screaming and protesting everything become anything other then "moderate"?

I am a moderate Republican. I don't just claim those beliefs. I have them. Just becuase you assume that everyone who's not "with you", is 180 degrees opposed to your beliefs doesn't make it true. What it does do is reduce the number of people who will agree with you on anything though...
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#88 Jun 04 2004 at 2:49 PM Rating: Decent
lol, no just because if anyone ever takes the time to read all the garbage and 30paragraph posts that you constantly make they will have a hard time seeing you as anything but an extremely conservative Republican, along the lines of Bill O'Riley who also constantly fumes along party lines the gets adamant at how moderate he is, a true moderate Republican is John McCain, there are others, you dont even come close and no matter how much you try and weasel and espouse it anyone he cares to search thru your past board prescence will quickly see just how full of **** you are.
#89 Jun 04 2004 at 5:04 PM Rating: Good
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Really? So all the 30 paragraph posts I'm made on topics about legalizing drugs, prayer in school, creationism vs evolution, and pro-live/pro-choice are all cancelled out the instant I say something horribly right-winged like: "Gee guys. Let's at least wait and see how the legal system deals with something before we pull out the torches and pitchforks...".

Got it.
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More words please
#90 Jun 04 2004 at 5:45 PM Rating: Decent
gbaji wrote:
Really? So all the 30 paragraph posts I'm made on topics about legalizing drugs, prayer in school, creationism vs evolution, and pro-live/pro-choice are all cancelled out the instant I say something horribly right-winged like: "Gee guys. Let's at least wait and see how the legal system deals with something before we pull out the torches and pitchforks..."


Never seen you do anything but give lip service to drugs although this is not a democrat/republican issue lots on both sides. The others assuming you are on the "democrat" side are liberal ideas but I have never really seen you do more then give this lip service, like someone says ya gbaji is a real right wing and you reply well no I am not I believe in these 3 or 4 things that democrats believe in so I must be a moderate, well sorry charlie but their are like 20 more that you believe in that make you conservative. To me a moderate republican needs to be like 13-15 of 25 platform principals republican and a true moderate needs to be like between 12-14 toward either party. I find myself right now at about 14/25 conservative democrat, but prior to war in Iraq I was about 13/25 liberal republican.
#91 Jun 04 2004 at 7:45 PM Rating: Good
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Sigh. Selective memory I guess. I'm pretty hard core about those issues. I've argued strongly in favor of drug legalization, pro-choice, and against teaching creationism in schools (and school prayer for that matter) for years on this board. That's hardly "lip service".

Get your facts straight. I'll say it again. Why is it that just because I'm *not* jumping up and down on the "bash bush" bandwagon am I labeled a hard core right-winger? I simply don't believe that the people should rush to judgement. There's a reason we have laws, and it's to prevent folks from running amuck. While I'm as suspicious of "the man" as the next guy, I at least give the legal system the opportunity to fail before I start painting up protest signs...
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#92 Jun 04 2004 at 9:32 PM Rating: Decent
No biggie I dont consider you like Right of GWB or Jerry Fallwell but your definately Right of John McCain. At least he manages to get his news from other sources then Fox or whatever other right wing news sources you use.
#93 Jun 04 2004 at 10:12 PM Rating: Decent
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Quote:

Really? So all the 30 paragraph posts I'm made on topics about legalizing drugs, prayer in school, creationism vs evolution, and pro-live/pro-choice are all cancelled out the instant I say something horribly right-winged like: "Gee guys. Let's at least wait and see how the legal system deals with something before we pull out the torches and pitchforks...".

Got it.

No, they're all cancled out when you vote for people who believe the opposite.

They're cancled out because you support a party that supports nothing you believe.

They're cancled out because when what you claim to belive in doesn't jibe with who you vote for, nothing you post can be taken seriously.

That and you lie constantly, of course, let's not forget that one.

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To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#94 Jun 05 2004 at 9:13 PM Rating: Decent
Gbaji you said.
Quote:
Dirges. The point I (and others) am trying to make is that you have absolutely no idea what catagory the soldiers in the pictures we've seen fall under.

Convention 4 is to protect civilians.
Convention 3 protects military personel.
The insurgents would fall under article 5 of convention 3. I say this since any person would logically presume any mistreatment of the prisoners using article 4 as an excuse would hold the tribunal and have the transcripts ready for international review, which none have been provided yet.
Quote:
Art. 5. The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

If you know anyother classification for the prisoners please tell, since these are the only three that come to mind. But I will say if these prisoners are not protected why all the fuss over charging the guards.

Quote:
That's been my whole point here. We can't make any assumptions about facts that we don't know. We don't know the status of the people in the photos. We don't know the facts of what exactly the purpose of the photos were. We don't know if they were taken by some soldiers on their own just "playing around", or were taken as part of a psy-op (which is completely legitimate depending on who is in the pictures and how they were taken).

A couple of answers here, no where in the geneva convention have I been able to find a passage that gives any side permission to violate the conventions, not even by psy-ops. So even if psy-ops are doing what is in the pictures shown, it is still torture in my interpretations. As far as me making the assumption that the guards tortured prisoners I do it on the basis that that the geneva convention says humiliation is torture. As far as the guards humiliating prisoners you even agree on that.
Quote:
is that there are pictures depicting Iraqi prisoners in embarassing positions
#95 Jun 07 2004 at 3:19 PM Rating: Decent
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...gbaji, now paging gbaji...

Seriously, it's like a tree-huggin' convention in here. Damn hippies.


Amen to that!!! Leftys crack me up!!
#96 Jun 08 2004 at 5:07 PM Rating: Good
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Hmmm...


dirges wrote:
Convention 4 is to protect civilians.
Convention 3 protects military personel.
The insurgents would fall under article 5 of convention 3. I say this since any person would logically presume any mistreatment of the prisoners using article 4 as an excuse would hold the tribunal and have the transcripts ready for international review, which none have been provided yet.
Quote:
Art. 5. The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

If you know anyother classification for the prisoners please tell, since these are the only three that come to mind. But I will say if these prisoners are not protected why all the fuss over charging the guards.



Ok. All well and groovy. You quoted the section from the 3rd convention that defines a POW.

But lets look at the 4th convention, shall we?

First the broad catagory:

Quote:
Art. 4. Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.


There's more to that article. Mostly explaining that people who match other conventions (injured/sick, and PoWs), automatically fall under convention 4 until they're determined to gain a higher level of protection from one of the other conventions.

But then the exception comes:

Quote:
Art. 5 Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.

Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.



What this is basically saying is that if someone would normally qualify as a non-military person (convention 4), but then engages in acts of spying or sabotage, that person can have his rights reduced if the reduction of those rights is deemed to be necessary for the security of the occupying power.


Um... This means that if you have someone who's already been caught spying or sabotaging you, and you suspect he has information (like who his buddies are), and you suspect that if you don't obtain that information that your occupying forces will be harmed (oh, like the military people that continue to die in Iraq each day), then you can torture, humiliate, and do pretty much anything else that you want/need to do to get that information.


Got it? This is the same catagory that the folks behing held in Guantanimo are in. It's the "unlawful combatant" that you've probably heard about. It is part of the conventions. It is an exception to the protection for civilians in an occupied territory.

I think the fact that insurgents continue to kill US soldiers in Iraq is enough prove that information gained from prisoners that match this status is necessary for the saftey of the occupying power.



Quote:
A couple of answers here, no where in the geneva convention have I been able to find a passage that gives any side permission to violate the conventions, not even by psy-ops.


Didn't read it very far did you?

So even if psy-ops are doing what is in the pictures shown, it is still torture in my interpretations. As far as me making the assumption that the guards tortured prisoners I do it on the basis that that the geneva convention says humiliation is torture. As far as the guards humiliating prisoners you even agree on that.

Yes. I agree. However, as I stated waaaaay back in the beginning of this thread. We do not know the status of the prisoners in the pictures. We don't know the makeup of the pictures either. We don't know how they were used.

While I'm personally opposed to torture, the treatment we've seen so far (the pictures we know about) may be within the technical definitions allowed by the Geneva Conventions. Or they may not be. My point is that you nor I know enough of the specifics involved to determine that. We do not know if all the photos we've seen and all those we've just heard about are from the same group of people. We don't know what exactly is contained in those photos beyond some descriptions. We don't know how many of the "really bad" pictures there are in relation to the whole.

Like I stated earlier. For all we know, there are 990 photos that merely show prisoners in embarassing positions that fall well within that allowed under art 5 in convention 4 for the treatment of prisoners who have engaged in sying or sabotage, and maybe 10 that are violations of the conventions alltogether (either because they go well beyond what could reasonable be expect to be needed to obtain information, or the prisoners were not allowed to be subjected to any form of torture dued to their status).


That's all I'm saying. You don't know. I don't know. No one who's posted on this thread knows. Thus, while we can (and should!) certainly demand an investigation, we should not leap to conclusions and demand some sort of punative action before we allow the relevant legal systems to take effect. I don't see how that's an unreasonable position to take on this matter...

Edited, Tue Jun 8 18:08:54 2004 by gbaji
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#97 Jun 08 2004 at 7:04 PM Rating: Decent
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Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

Quote:
In each case, such persons shall nevertheless be treated with humanity

I still do not see anything to validate what was done to the prisoners, no matter what their status was.
#98 Jun 08 2004 at 7:43 PM Rating: Decent
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Quote:

Um... This means that if you have someone who's already been caught spying or sabotaging you, and you suspect he has information (like who his buddies are), and you suspect that if you don't obtain that information that your occupying forces will be harmed (oh, like the military people that continue to die in Iraq each day), then you can torture, humiliate, and do pretty much anything else that you want/need to do to get that information.

That's the most ludicrous translation I can imagine of that part of the conventions. It's clearly Not what means, even in a fascists wet dream.

All it says, spells out presicely actually, is that they can be denied the right to communicate with other prisoners, guards, the Red Cross, whatever. Anyone who you may think would further a conspiracy to harm your defense. It's there to allow Nations to keep prisoners isolated to avoid damage. That's it. It has nothing at all to do with "torture, humiliate, and do pretty much anything you want/need" at all.

At all.

Where do you imagine this stuff up? Does it take a lot of preperation or can you just infer whatever you need from context. Is like you're reading something "Four score and seven years ago" and then it hits you? "Hey, four score, that means I can beat someone four times a day so long as I keep score. Crystal clear."

Is it like that, sorta?
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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#99 Jun 08 2004 at 7:59 PM Rating: Good
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Amazing how you managed to miss the first paragraph of that article. Actually. I have to admit to some fault since I specifically mentioned spys and sabateurs, when that's not the entire set the article is talking about.

I'll bold that first bit for you so you can see where I'm coming from.


Quote:
Art. 5 Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.

Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.


Let me explain what this means (again).

The first paragraph basically says that if a detainee is considered to be a risk to the security of the occupying force (typically a "citizen" who does not identify himself as a combatant, but carries out attacks on the occupying force), then that person losses his protection under the convention to the extent that is required to ensure the security of the occupying force.

While this certainly does not excuse rape, abuse, molestation, and many other acts, it certainly *does* include psychological torture (even real torture is not prohibited if the person being tortured has information about further attacks and that's determined to be the only way to extract that information), humuliation, and implication and/or threat of violence. If a member of a resistance cell is caught after/during an act of violence against the occupying force, most of the protections of this convention no longer apply. The assumption is that he knows the names and whereabouts of the other members of his group, and that those other members will plan and execute more attacks if they are not found. Therefore getting that information out of him is allowed, more or less by whatever means are needed.



The second paragraph is a further *additional* level of restriction. If one is a spy or sabateur, they can also be held without any communication with the outside world. That's in addition to any other loss of protected status they may have fallen into. The reasoning for that is because the mere knowledge that someone in that line of work has been caught can be damaging to the security of the occupying force.


The third paragraph is talking about two things. First, that regardless of what he's done, he can't be convicted of a crime without a trial including due process (doesn't say here how speedy that trial has to be though, or that he must be charged). Also, as soon as the conditions that made him a threat to the security of the occupying force are changed (typically as soon as he spills his information, or his information is no longer important), that prisoner must be reinstated as a protected person.


Additionally, the last paragraph specifies that they be treated "humanely" regardless of which condition applies to them. That's the crux of this whole issue really. What that means is very hard to determine. However, historically "standard" torture techniques like sleep deprivation, humiliation, and implied violence has been allowed (and used pretty regularly during the cold war).

And that's where my whole point comes in. We do not know the extent of the "abuses" going on in this prison. We do not know which were done by order, and which were done by individuals acting on their own. So far, all the pictures that have been released show images that fall very squarely into the kind of techniques that are allowed under the 4th convention for unlawful combatants. Stringing the guy up to a box is perfectly legal. Turning the juice on is generally considered crossing the line (but in more of a "can't you come up with a better way to get information" way). Making prisoners stand in various poses while naked is also "legal". Heck. The fact that the photos we've seen have the prisoners with their heads covered shows that there was some level of attention paid to what is and is not legal under this convention. One of the standards that nations have evolved for "humane" psychological torture is that of using photos like that to convince others that they will be tortured if they don't talk. However, showing the face of someone in the photo has become a violation since that humuliation and embarrasment from the photo would extend beyond the "torture" itself. Someone was following the letter of the law when they took those photos...

On the other hand, rape and sodomy are not allowed, since they would not fall under anyones definition of humane treatment. But we don't know how many of the photos that have been uncovered contain such images. We don't know if they were taken by the same group or as part of the same operation. One easy test (if we're ever allowed to see those pictures) would be to see if those images (which are definately illegal) contain detainees with their faces revealed. Since the photos we've seen, and which the soldiers involved have all said they were under orders to take, all have the prisoners heads covered, that would seem to be a pattern they were following. If there's another set where the prisoner's heads are not covered, that would be a strong indication that they were not taken by the same group, and presumably had no official sanction. Those photos would be illegal, and those who took them presumably should be punished as harshly as possible.
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#100 Jun 08 2004 at 8:39 PM Rating: Decent
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It's a continuos article. You don't read the first paragraph, which by the way also isn't even vaguely close to your interpertation, and stop reading.

Waht the first paragraph that you pull out of context for no apparent reason means is:

You don't jeapordise the Nation State by providing specefic privlidges enumerated in the Convention that would put you at risk. It has nothing to do with torture.

In fact, the reason the last paragraph you quote exists is to codify this very fact.

Jamoke.
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#101 Jun 08 2004 at 8:51 PM Rating: Good
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Smasharoo wrote:
You don't jeapordise the Nation State by providing specefic privlidges enumerated in the Convention that would put you at risk. It has nothing to do with torture.


So a detainee is protected from torture by the convention. If by not torturing him to get the information he has jeapordises the security of the occupying force, then that's a protecton that he can lose at the discretion of said occupying force.

That's what the article is saying Smash. I know in your liberal "everything must be good and fair in the world" naivete, you'd like to think that the Geneva Conventions don't allow for such thing. But the fact is that it does.

Those are the same conditions underwhich both we and the Soviet Union detained spies and "illegal operatives" for decades during the cold war. They were certainly subjected to long periods of confinement with no due process, and were certainly subjected to torture and questioning that would be illegal under the standard application of the Geneva Convention.


Look. You are just plain wrong. I agree with you that it's not something we should be engaging in, but by strict defition of the 4th Convention, the activities we've seen in the photos that have been released so far are *not* illegal if the persons in those photos were classified as unlawful combatants. That may burst your bubble, but it's true.
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