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Politics : Foreign Affairs Discussion Group

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To: Ilaine who wrote (127803)	3/30/2004 1:15:12 PM
From: Mary Cluney	Read Replies (2) of 281500

<<< As I understand it, there are three significant legal consequences of not being covered by the Geneva Conventions which matter here -->>> Let's face it. I think we can do pretty much as we want here and I am basically all for it. We have the legal resources to justify the legal precedence that we set. Just as how we approach investments, we should look at it in pretty much the same way. What is the return on invest or in this case how does it advance our own self interests - in the long term. <<<1) unlike prisoners of war, they can be interrogated; >>> I think we can stretch GC codes to the limit on this (Who is going to stop us) and lobby for changes later. We can use all the pshcological means to interrogate these captives with strict rules to prohibit inhumane physical torture. I would like to think that we could achieve the same results without resorting to pulling out fingernails and worse. <<<2) unlike prisoners of war, they can be prosecuted as common criminals>>> I don't think common criminals can hide behind prisoner of war status to avoid prosecution. In any case, I have no doubt we have legal means to prosecute those captives who have committed crimes against humanity. <<< unlike prisoners of war, they cannot expect to be repatriated at the cessation of hostilities.>>> I hope I am wrong, but I don't think there will ever be cessation of terrorist hostilities. However, if some of these prisoners are innocent, why not repatriate them. Hey, I am not a legal scholar (or any kind of scholar) but I think there is a better way to handle this situation. I think that occupying the moral high ground is important and it is in our best interest. The two are not mutually exclusive. I just don't want our enemies torturing our people because of what they think we may be doing to theirs. I think we have the legal means to achieve all our objectives. If we don't, it is up to us to find the legal talent to find the way.

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