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jerZ07002
Supreme tranceaddict
Registered: Dec 2006
Location:
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| quote: | Originally posted by Kinezi
I think they should arrest Osama's cow.. and charge him of terrorism cos he gave milk to Osama!! |
if joe six pack was the personal driver for a known and wanted serial murderer he would also be guilty of a crime. Harboring and providing assistance to criminals is a punishable crime. As i said before, i have sympathy for the guy, however, he knew that Osama was the most wanted man on the planet - there are consequences when you make a stupid choice like that.
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Aug-08-2008 05:49
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Krypton
83.798 g/6.022x10^23

Registered: Nov 2003
Location: Texas
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Gitmo kangaroo court convicts Osama's driver
| quote: | Originally posted by jerZ07002
the code of military justice has applied to POWs since its enactment. Since a POW can be a 'war criminal' the code applies to 'war criminals'. I simply don't agree that the US should submit itself to the jursidiction of an international court on an issue that involves US security. Despite your feelings, osama bin laden did commit a crime in the US, thus, if hamdan was complicit in those actions he violated US law. Since the actions are considered acts of war, it is not unreasonable to apply the military code in this case. If 9/11 wasn't an act of war by your definition, then any actions comitted by hamdan post-9/11 during the afghan war are surely subject to military law because it occurred in a time of war. The fact that the US brought war upon them is irrelevant because one party has to begin the war. Believe it or not, I actually have some sympathy for the guy since it appears all he did was drive osama, but submitting to the hague is an awful precedent. |
An act of war? 9/11 was a terrorist attack. And terrorism is a CRIMINAL ACT. Acts of war are initiated by state actors. 9/11 was initiated by a TERRORIST GROUP. A CRIMINAL GROUP. You lend Al-Qaida too much credit by classifying their actions as an "act of war". They are not a military. These guys are criminals, and should be charged as criminals. Additionally, torture is illegal according to international law, and this court allows evidence obtained through coercion to enter the courtroom. That is not justice. That is a vendetta. Vendettas have no place in the rule of law.
Hamdan wasn't even captured in combat/battlefield. He was detained by Afghans at a checkpoint. So much for being a "combatant", let alone "war criminal".
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Aug-08-2008 05:54
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jerZ07002
Supreme tranceaddict
Registered: Dec 2006
Location:
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Gitmo kangaroo court convicts Osama's driver
| quote: | Originally posted by Krypton
An act of war? 9/11 was a terrorist attack. And terrorism is a CRIMINAL ACT. Acts of war are initiated by state actors. 9/11 was initiated by a TERRORIST GROUP. A CRIMINAL GROUP. You lend Al-Qaida too much credit by classifying their actions as an "act of war". They are not a military. These guys are criminals, and should be charged as criminals. Additionally, torture is illegal according to international law, and this court allows evidence obtained through coercion to enter the courtroom. That is not justice. That is a vendetta. Vendettas have no place in the rule of law.
Hamdan wasn't even captured in combat/battlefield. He was detained by Afghans at a checkpoint. So much for being a "combatant", let alone "war criminal". |
you can make an argument that afghanistan was a state actor in 9/11 because the country provided material support for al qaida to initiate the attacks. In any event, 9/11 was incomparable in history, so you can't make simple analogies to past acts and classify it as a plain vanilla terrorist act. Notwithstanding, these guys are hardly simple criminals because there is in fact a war waging right now in afghanistan with the US and NATO on one side pitted against al qaida and the taliban on the other side. Simple criminals don't have the means to wage a war against a nation.
It is unimportant how hamdan was captured. Many nazis were not captured on the battlefields either, but they were not tried in a criminal court. Similarly, Slobodan Milošević wasn't captured on the battlefield, however, he was tried in a war tribunal. Your emphasis on the location of capture is absolutely irrelevant as to whether a person is a war criminal, combatant, or otherwise.
I can't justify tourture at all.
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Aug-08-2008 06:04
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