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A few years have passed now since the war on terror began, however does anyone else, like me, feel uneasy about the way in which prisoners still being detained without trial. British law (arguably a template that other countries have adopted) has always been based on "Innocent till proven guilty". The people in Guantanamo Bay have never been afforded this luxury though and it leaves a bad taste in the mouth about how the world is moving foward. If they are guilty of murderous crimes I say throw away the key and switch the lights off on the way out, but I think this should have been proven far quicker in order to quell the suffering of innocent parties and their families.

Your sensible thoughts please?

2007-07-18 22:01:28 · 14 answers · asked by ? 3 in Politics & Government Law & Ethics

WCHWarrior_10.....My point entirely. Do we know for sure that all these prisoners are oposing military combatants or innocent people caught up in it. Without a trial whose to know. Even the Nazi's were afforded proper trials at Nuremburg

2007-07-18 22:12:16 · update #1

McKenziecalhoun......I agree, but again you are assuming that all being held are guilty. Can we be 100% sure that is the case without proper trials?

2007-07-18 22:16:38 · update #2

Solaran_x.....you are quite right Britain is no angel in these matters. However, this is not a condemnation of America, these are thoughts on where the worlds legal system is going.

2007-07-18 22:40:11 · update #3

14 answers

I have always been a firm believer in habeas corpus for all, and nothing about the current security situation makes me feel that this should be altered for this in Guantanamo Bay (GB).

Fair enough, habeas corpus can legitimately be suspended in time of national emergency: but is this really a national emergency? The terrorist attacks, actual and attempted are terrible. But do they really constitute a threat that could destroy the US nation? I feel that is a matter up for debate.

Furthermore, can the poster above please point me to where the Geneva convention allows for summary execution? I cannot find the article. Possibly because it indeed is non existent.

The problem of what to do with these unlawful combatants is difficult. Interesting that the US administration has to invent a new term, a new legal nicety to allow it to perpetrate its gross distortion of 'justice' on these men. I fundamentally beleive they should all have full access to legal representation, and should be tried in not a military court, but a regular court. Either bring these men to a court of law, or release them.

I feel many have been picked up purely because they were on the battlefield at the time, or have 'links' with terrorism. This argument was once put to me by a very, very highly regarded law professor as in essence nothing better than: "you associate with them therefore you are one of them".

Many of my friends take drugs. I do not. Should I be convicted of drugs related offences? No, i thought not.

It's difficult. But these men must be afforded their due process, if ONLY because keeping them holed up in GB is provoking anti-american sentiment around the world and worsening the security situation by perperuating the myths about the US which drive terrorism, not busting them.

2007-07-19 00:49:52 · answer #1 · answered by Anonymous · 0 0

The establishment of the practice you suggest is very new and has never been done before.

When an enemy combatant uses stealth, no uniform, attacks civilians deliberately, they have been summarily executed according to what is allowed in the Geneva Conventions. The incarceration is actually a humane step away from that.

To insist that each be given a trial when their actions alone in doing such acts in combat is a hardship on the country doing it.

Each enemy combatant gets a trial? Even those who act like spies?

You'll get an unofficial policy of "no prisoners" after the former incarcerated combatants keep reappearing on the field (a situation that has already popped up in a few cases).

2007-07-18 22:08:40 · answer #2 · answered by mckenziecalhoun 7 · 2 0

Someone told the president that he had powers that no other President in US History ever had a need to use. The power to kidnap,torture,and hold without charges until confession or death, whichever comes first.
We the people told him that as we did not yell NO! as our Human Rights ,Civil Rights and Rights to Privacy were stripped away while we were all in a Patriotic Parade.
Now the President is telling us of a future that will be death and mayhem, like a crystal ball show in a stinky circus tent.
I didn't trust him then, don't trust the man any more now. I respect the office. I have no respect for the man that is in the office now.

2007-07-18 22:30:02 · answer #3 · answered by Anonymous · 1 0

I guess you could say we learned too much from the British during the Revolutionary War.

The HMS Jersey was a prison ship in New York where the British stashed American members of the Revolution without trial for the entire duration of the war. During the Revolutionary War, only 4,435 deaths were combat related. 20,000 died from disease and such while in British captivity, and 8,000 of those were from prison ships in New York - chief among them the HMS Jersey.

http://en.wikipedia.org/wiki/HMS_Jersey_%281736%29

2007-07-18 22:27:42 · answer #4 · answered by theREALtruth.com 6 · 0 0

guantanamo bay is an appauling bullshit way for the government to get away with unfair trials and geneva convention rules wavers, see by naming every person they try in there as enemy combatants right out of the gate they negate all their rights when in reality 90% of the people in there havent so much as ever seen a war.

2007-07-19 00:07:08 · answer #5 · answered by specialistics 5 · 0 0

Why should you feel uneasy, you should know the the so called people at Get Mo have ties to terrorist cells and info on were they are. The ones that had no pertinent information were sent back. The ones still there are collaborators .

2007-07-18 22:21:55 · answer #6 · answered by Lloyd 3 · 0 0

America is going to have one he!! of a time pleading its case in the next war when an American soldier becomes a POW and that counrty refuses to follow the standards of conduct laid out in the Geneva Convention.

Couple Gitmo with Abu Graib, and this is going to bite 'em in azz one day.

2007-07-18 22:17:25 · answer #7 · answered by V-Starion 5 · 1 0

Military law and cilivilian law are two separate things. Enemy Combatants are not afforded the same rights as civilians. Perhaps Nick Berg would be one to ask(if he still had a head) which is worse...

2007-07-18 22:07:38 · answer #8 · answered by Anonymous · 1 0

they're going to come to united states of america of america and get a honest trial. till then they are going to be positioned into quite a few distinctive federal prizons. people who're got here across not accountable will pass returned to the rustic they are from.

2016-09-30 07:34:32 · answer #9 · answered by ? 4 · 0 0

Fidel should invade before 'Camp Independence' in Diego Garcia is completed.

2007-07-19 02:22:40 · answer #10 · answered by Anonymous · 0 0

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