Al Qaeda is not a signatory to the Geneva Convention. They
don't follow its provisions of trying to minimize harm to
civilians, wearing a recognized uniform, or treating their
own prisoners humanely. But we, unilaterally, have to
pretend that these terrorists are following the Geneva
Covention because five justices have decided that we might
as well have signed a treaty with Al Qaeda.
The Hamdan decision
Betsy's Page
This is so depressing. Justice seems so topsy-turvy with this decision. What astounds is the Supreme Court's insistence that the Geneva Convention should apply to these prisoners who don't follow any of the provisions of the Convention themselves. As Marty Lederman at Scotusblog writes,
<<< Even more importantly for present purposes, the Court held that Common Article 3 of Geneva aplies as a matter of treaty obligation to the conflict against Al Qaeda. That is the HUGE part of today's ruling. The commissions are the least of it. This basically resolves the debate about interrogation techniques, because Common Article 3 provides that detained persons "shall in all circumstances be treated humanely," and that "[t]o this end," certain specified acts "are and shall remain prohibited at any time and in any place whatsoever"—including "cruel treatment and torture," and "outrages upon personal dignity, in particular humiliating and degrading treatment." This standard, not limited to the restrictions of the due process clause, is much more restrictive than even the McCain Amendment. See my further discussion linked below. >>>
Andy McCarthy, in a post predicting the logic that the Court would so unfortunately use, summed up why this approach by the five justices is so horrendous.
<<< if this happens, the Supreme Court will have dictated that we now have a treaty with al Qaeda — which no President, no Senate, and no vote of the American people would ever countenance. (Compare this - linked below.) The Constitution consigns treaty-making to the political branches, not the courts, but a conclusion that Geneva protects Hamdan (and, by extension, his fellow savages) would ominously mean that the courts, under the conveniently malleable guise of "customary international law" can rewrite treaties to mean whatever they like them to mean. >>>
Just ponder that. Al Qaeda is not a signatory to the Geneva Convention. They don't follow its provisions of trying to minimize harm to civilians, wearing a recognized uniform, or treating their own prisoners humanely. But we, unilaterally, have to pretend that these terrorists are following the Geneva Covention because five justices have decided that we might as well have signed a treaty with Al Qaeda.
It sounds like Justice Stevens has left the way open for Congress to address the problem of how to try these detainees by passing a new law. The pressure will be on them to do so. Bush is already out there urging Congress to work out some program for what to do with these guys.
We'll see how many legislators want to try these guys in the American justice system. Jane Harman and Edward Kennedy are already out there with statements criticizing Bush for trying to handle these terrorists without deferring to Congress and international law. If that is the line that the Democrats want to take it will behoove them to come up with their own plan. It's not enough to just blast Bush for setting up Guantanamo. Whether you disagree with that plan (and I don't) the question remains. We have caught these guys. They're too dangerous to release and their home countries don't want them back. What do we do with them? This is going to be a very important and revealing debate and they won't be able to hide from the issue. By this timing, it will now become part of the discussion for the November elections. And that will be a clarifying discussion for the electorate to hear.
Check out Pajamas Media , Captain Ed, and Michelle Malkin for more links and analysis.
betsyspage.blogspot.com
scotusblog.com
balkin.blogspot.com
corner.nationalreview.com
article.nationalreview.com
foxnews.com
foxnews.com
pajamasmedia.com
captainsquartersblog.com
michellemalkin.com |
