Re: a dumb query? pls humor me

[judd@wadsworth.org]

On  2 Apr, Roberto C. Sánchez wrote:
> On Mon, Apr 02, 2007 at 04:20:04PM -0400, judd@wadsworth.org wrote:
>>    
>> Since some of the al-Qaeda and taliban prisoner's were in fact denied
>> their GC protections, by being tortured, mistreated, etc., it's
>> pretty obvious that the "QCs don't apply" provision was the
>> operational part of this order, and not "taken out of context quite
>> badly".  It's more reasonable to conclude that the other language was
>> included as whitewash.
>> 
> Actually, if what you described happened to *every* prisoner, *then*
> you
> *might* *maybe* have a point.  However, it isn't happening to every
> prisoner, if at all.  Now, what I'd like to knw:

    The lack of logic in the above statement is self evident, so I won't 
even comment. :-)

>  * Why does everything need to be some sort of vast conspiracy?
>    Remember Hanlon's Razor?  It could have just as easily been someone
>    overlooking something, someone going against orders, whatever.

     I'm a scientist, we use Occam's razor, not Hanlon's. :-)  Since
we were discussing a presidential order, which referenced justice 
department memos (which are of dubious legal merit, anyway), I don't
see how that can be "someone going against orders.

>  * In what way have the prisoners' GC protections allegedly been
>    withheld?
> 

     Torture.
     Humiliating and degrading treatment.
     Televising pictures of them. (funny, how we now condemn Iran
     for doing similar.  I'm not defending Iran's actions, but it's
     rather hypocritical for us to criticize them for doing things
     that we also do)
     Not determining their POW status by a competent tribunal.

-Chris

P.S.  While a pretty strong case can be made that al-Qaeda fighters do
not qualify as POWs, it's not so clear-cut with Taliban forces.

And what I'd like to know, is what the US gains by not giving them at
least common article III protections?


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|   Christopher Judd, Ph. D.                      judd@wadsworth.org   |
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