Guantanamo Bay ruled in breach of constitution and geneva declaration, thoughts?

Question

Cellist and Rillifane: I'm looking at Reuters and the BBC and CNN, you?

"We conclude that the military commission convened to try (Salim Ahmed) Hamdan lacks power to proceed because its structure and procedures violate" the international agreement that covers treatment of prisoners of war, as well as the Uniform Code of Military Justice, Justice John Paul Stevens wrote for the court majority.

Reuters

BBC http://news.bbc.co.uk/1/hi/world/americas/5129904.stm

Answer 1

The people in Guantanamo were taken from the battle field therefore they aren't protected by the constitution (they aren't American citizens) The are not a part of an organized state sponsored military therefore they are not protected under the Geneva Convention. Military tribunal is the only correct answer. The Supreme Court is wrong and the decision should be overturned by congress.

Answer 2

The terrorists in Gitmo are not covered under the Geneva Convention.

The pertinent part of Article 4 which defines who is covered includes the following:

2. Members...of organized resistance movements, belonging to a Party to the conflict...provided that...such organized resistance movements, fulfil the following conditions:

(a) That of being commanded by a person responsible for his subordinates;

(b) That of having a fixed distinctive sign recognizable at a distance;

(c) That of carrying arms openly;

(d) That of conducting their operations in accordance with the laws and customs of war.

The prisoners at Gitmo, with the possible exception of rule #3, definetly do not meet these conditions. As for the Constitution, I can only say, WHAT!? Since when did the Constitution of the United States apply to foreign nationals?

Answer 3

It's funny how liberals like to make up news. The Supreme Court ruled that in the particular case of ONE prisoner, the process being used in his detainment was FLAWED.

Answer 4

The Geneva convention protects uniformed infantrymen of a rustic. there is no secure practices given to terrorists and so referred to as "freedom warring parties". we've taken care of the inmates in Gitmo lots greater proper than they deserve, in till now wars they could have been given a quick verdict in a militia courtroom and completed away with.

Answer 5

Supreme Court needs to be impeached for making rulings while under the influence.

Answer 6

Well yeah its been like that for quite a while if you had been paying attention. And thats not the only prison we run like that.

Answer 7

Maybe not everyone in Washington has lost their mind, just those in the White House.

Answer 8

My thought is either you're too stupid to understand the ruling or just a liar or both.

Answer 9

damn shame. i was looking forward to those military tribunals....sometime in the year 2020. in the meantime, those guys could rot in that hole

Answer 10

Kill all of the terrorists there and we'll talk about it.