Re: a dumb query? pls humor me
On Mon, 02 Apr 2007 09:12:44 -0400, Roberto C. Sánchez wrote in
[🔎] 20070402131244.GA17924@santiago.connexer.com:
> On Mon, Apr 02, 2007 at 08:51:09AM -0400, judd@wadsworth.org wrote:
>>
>> No, actually the executive order was written to obfuscate the
>> issue. It was pretty widely reported in the press that this order, and
>> the memos that it references were specifically written to provide
>> immunity to prosecution under the US War Crimes Act, after some members
>> of the administration, particularly in the CIA, expressed worry that
>> they may be so prosecuted. I'm surprised that you seem to be unaware
>> of this.
>>
> I'm quite aware of what the media reported. However, I have yet to
> presented with a convincing argument of why I should ever believe
> anything reported by the news media.
..hear, hear. Is this tiddly bit:
2. Pursuant to my authority as commander in chief and chief executive of
the United States, and relying on the opinion of the Department of
Justice dated January 22, 2002, and on the legal opinion rendered by the
attorney general in his letter of February 1, 2002, I hereby determine as
follows:
a. I accept the legal conclusion of the Department of Justice and
determine that none of the provisions of Geneva apply to our conflict
with al-Qaida in Afghanistan or elsewhere throughout the world because,
among other reasons, al-Qaida is not a High Contracting Party to Geneva.
b. I accept the legal conclusion of the attorney general and the
Department of Justice that I have the authority under the Constitution to
suspend Geneva as between the United States and Afghanistan, but I
decline to exercise that authority at this time. Accordingly, I determine
that the provisions of Geneva will apply to our present conflict with the
Taliban. I reserve the right to exercise the authority in this or future
conflicts.
c. I also accept the legal conclusion of the Department of Justice and
determine that common Article 3 of Geneva does not apply to either al-
Qaida or Taliban detainees, because, among other reasons, the relevant
conflicts are international in scope and common Article 3 applies only to
"armed conflict not of an international character."
d. Based on the facts supplied by the Department of Defense and the
recommendation of the Department of Justice, I determine that the Taliban
detainees are unlawful combatants and, therefore, do not qualify as
prisoners of war under Article 4 of Geneva. I note that, because Geneva
does not apply to our conflict with al-Qaida, al-Qaida detainees also do
not qualify as prisoners of war.
...a real part of Sissy Boy George's "Text of order signed by President
Bush on Feb. 7, 2002, outlining treatment of al-Qaida and Taliban
detainees"? And if so, Why Is It Not A War Crime?
--
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
Scenarios always come in sets of three:
best case, worst case, and just in case.
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