Are the U.S.'s Terrorism Trials legal?

Question

How is it, that when any country declares war on another all criminal proceedings are dealt with through the War-Crimes Tribunal, but when the U.S. declares war on Terrorism, therefore on Terrorists, the U.S. gets to decide what is and isn't legal?
War is War, right, therefore if we really are at war with Terrorism and Terrorists then shouldn't they be afforded the same rights as any other soldier in war-time?

Thanx for the answers all, but I'm not asking whether these people have the right to do what they do, just whether WE should be as bad as them and not afford them basic HUMAN RIGHTS?

Answer 1

The U.S. Patriot Act defies many key components of the U.S. Constitution (as well as the international Geneva Conventions), the founding document of the country, and the basis of modern law. Today, any crime can be charged as a terrorist act, and a terrorist may be imprisoned indefinitely without trial. This is unconstitutional and is against the law of a constitutional America.

However, if our rights are defined by man and not God, that is, they are not inalienable, then anyone may create any law, and in essence those with the most power (money, firepower) will determine right and wrong.

Answer 2

Well to start with - the rules used by the 'War Crimes Tribunal' violate the US Constitution. Thus the US government is barred from surrendering anybody to that body.

And the US Supreme Court has ruled that our military tribunals are legal. Since the US Supreme Court makes the final decisions on this sort of thing - they are by definition; 'legal.'

And if terrorists want the protection of the Laws and Customs of War - they have to abide by those rules. In fact under the Laws and Customs of War the US would have been totally within its rights to have held a quick battlefield tribunal and then simply shooting all captured enemy who do not meet the Hague requirements for a legal 'combatant.'

Answer 3

Depends on who you ask? Congress passed a law last year to legalize these trials to some extent but the same has been challenged in SC. Further, the constitution says all men are equal regardless of .... If this is true, why different treatment for different people whether it is trial or right to enter US etc etc.
I don't think a 20 odd year old has done that wrong to be in solitary for 23 hours a day for over 5 years just waiting for the trials, when serial killers on US soil are given much better treatment.

Answer 4

The trials aren't legal because they United States has kept people in detention for 5 or so years and uses torture.... the USA has also admitted to capturing citizens of other countries and sending them to secret prisons in Eastern Europe where they torture them. The United States has violated the Geneva Convention numerous times and should be considered a rouge state.

Answer 5

Yes they are legal and legitimately so.
The enemy we are fighting is not a professional army or represented by any particular government recognized by the Geneva Conventions. The terrorists that we are fighting do not fit under any deffinition set forth by the Geneva Conventions and can only be classified as "insurgents" and therefore do not fall under the protection of the Geneva Conventions.

The reason Geneva Conventions excludes these terrorist groups is because there is no feasable way to hold them accountable for their actions.

Now in a more intelligent view. They do not obey the guidelines set forth by the Geneva Conventions so why should we extend them the courtesy of providing them with protections?

Answer 6

do you think they care whether or not what they are doing is legal? they will just keep doing it anyways!

Answer 7

They are terrorists so who cares. I hope they all rot in hell.

Answer 8

http://www.memri.org/bin/opener_latest.cgi?ID=SD150807
Islamist Website Instructs Mujahideen in Using Popular U.S. Web Forums to Foster Anti-War Sentiment among Americans
In the past few months, Islamists engaged in "media jihad" have increased their efforts to expose as broad a Western audience as possible to their jihad films, which purport to document the growing success of the mujahideen in Iraq and Afghanistan. As part of this endeavor, they have posted jihad films on popular free video-sharing websites such as YouTube, LiveLeak, and Google Video, hoping that such films will tip public opinion in the West against the war in Iraq and Afghanistan - thus pressuring Western governments to withdraw their troops from these countries.
As part of the campaign to foster anti-war sentiment among Westerners, and more specifically among Americans, a member of the Al-Mohajroon Islamist website with the username Al-Wathiq Billah instructed mujahideen in how to infiltrate popular American forums and to use them to distribute jihad films and spread disinformation about the war.
The following are excerpts: [1]
"Raiding American Forums is Among the Most Important Means of Obtaining Victory in the Fierce Media War… and of Influencing the Views of the Weak-Minded American"
"There is no doubt, my brothers, that raiding American forums is among the most important means of obtaining victory in the fierce media war... and of influencing the views of the weak-minded American who pays his taxes so they will go to the infidel American army. This American is an idiot and does not [even] know where Iraq is... [It is therefore] mandatory for every electronic mujahid [to engage in this raiding]."
"It is better that you raid non-political forums such as music forums and trivia forums... which American people... favor... Define your target[ed forum]... and get to know it well... Post your contribution and do not get into... futile arguments..."

Indicate You Are an American
"Obviously, you have to register yourself using a purely American name... Choose an icon that indicates that you are an American, and place it next to your nickname [in the forum]."
"In my experience, the areas most visited in American forums... [are titled] 'Random Thoughts' and 'What's going on in your mind?'... [The former] takes priority in the American forums, and is highly popular. You should post your contribution there... This should include films of the mujahideen in Iraq, mujahideen publications in English, and images and films of the Americans' crimes, [such as] killing unarmed civilians in Iraq... etc."

"Invent Stories About American Soldiers You Have [Allegedly] Personally Known"
"Obviously, you should post your contribution... as an American... You should correspond with visitors to this forum, [bringing to their attention] the frustrating situation of their troops in Iraq... You should invent stories about American soldiers you have [allegedly] personally known (as classmates... or members in a club who played baseball and tennis with you) who were drafted to Iraq and then committed suicide while in service by hanging or shooting themselves..."
"Also, write using a sad tone, and tell them that you feel sorry for your [female] neighbor or co-worker who became addicted to alcohol or drugs... because her poor fiancé, a former soldier in Iraq, was paralyzed or [because] his legs were amputated... [Use any story] which will break their spirits, oh brave fighter for the sake of God..."

How to Make Americans Feel Frustrated With Their Government
"You should enter into debate or respond only if it is extremely necessary... Your concern should [only] be introducing topics which... will cause [them to feel] frustration and anger towards their government..., which will... render them hostile to Bush... and his Republican Party and make them feel they must vote ton bring the troops back from Iraq as soon as possible."
"Do not... discuss issues pertaining to Arabs or Muslims at all, whether negatively or positively... because this could be a trap for you... In addition, do not ask people to circulate the material [you have posted] in other forums... as these types of requests will expose you..."